PREETPAL SINGH VIRK Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By this common order, CRM No.19277 of 2013 filed by Preetpal Singh Virk then posted as Superintendent of Police (Detective), Sangrur and CRM No.20805 of 2013 arising out of criminal appeal filed by other three accused, namely, Shamsher Singh Inspector, CIA Staff, Bhawanigarh, District Sangrur, H.C. Avtar Singh and C II Balbir Singh are being decided together.

(2.) Police was after Tejinder Singh @ Billu son of Budh Singh suspected to be a terrorist. Defence plea set up by the applicant- appellants was that Jagdeep Singh @ Pilli brother of Tejinder Singh was associated with terrorist activities. Jagdeep Singh was an active member of Khalisthan Liberation Force (KLF). FIR No. 198 dated 27.8.1990, Police Station Sunam was registered against Jagdeep Singh @ Pilli under Section 302/34 IPC, Section 25 of the Arms Act and TADA Act. Police used to raid the house of Jagdeep @ Pilli in order to search him and, therefore, the entire family was inimical towards the police.

(3.) The facts of the case as emerged during the course of trial are that initially Tejinder Singh @ Billu was abducted on 14.5.1993 and illegally detained by appellant Preetpal Singh Virk and other members of police force. He was released from illegal detention on 8.6.1993. Tejinder Singh, then went to Kolkata to reside with his brother Jagrup Singh, to avoid harassment of police. Applicant-appellant Preetpal Singh Virk left Sangrur on 5.7.1993 on secret duty and arrived in Kolkata on 8.7.1993 in Maruti Van No.CHK 933. Balbir Singh, C-II was driver of the Van. Tejinder Singh was picked up by them on 13.7.1993 from near his house in Hawrah, Kolkata. Father of the victim saw his son Tejinder Singh having alighted from the jeep on 15.7.1993 while he was under illegal detention. Despite efforts, his family was unable to get his release. The police in fact was not providing any clue of Tejinder Singh.