SATMINDER SINGH Vs. UNION TERRITORY, CHANDIGARH

JUDGEMENT

(1.) Petitioner herein is a victim of bad luck. His case was finally considered for migration when he so applied and admittedly his name was struck off from Guru Nanak Engineering College, Ludhiana way back on December 8, 1992 and initially he was permitted migration to Punjab Engineering College, Chandigarh, but later when he was refused, he obtained an interim order for his provisional admission in Punjab Engineering College, Chandigarh which has still not been complied with, thus, compelling the petitioner to be in such a position so as not to pursue his studies at all even though he had appeared up to third semester of the course while studying at Guru Nanak Engineering College, Ludhiana. Let us examine the facts of the case to see how and in what manner petitioner is in such a difficult situation and as to under the facts and circumstances of this case, can he be granted any relief.

(2.) Petitioner was admitted to B.E. (Electrical) Course in Guru Nanak Engineering College, Ludhiana (hereinafter to be referred to GNE College, Ludhiana) in the year 1986. At the time when petition was filed i.e. on January 11, 1993, he was taking his third semester examination of the said course. He applied for migration from GNE College, Ludhiana to Punjab Engineering College, Chandigarh (hereinafter to be referred to as PEC, Chandigarh) because of grave security threats faced by him. The brother of petitioner is an I.P.S. Officer and he had remained on number of sensitive posts in Punjab in the past few years and at present he is Sr. Superintendent of Police, Sangrur. Petitioner had been receiving threats to his life through threatening letters/telephonic calls from the extremists, anti-social and anti-national elements. At one point of time when large number of relatives of the police personnels were being killed in Punjab one after the other, security threats to petitioner became so grave that he had to discontinue his studies and he could not take some of the semester examinations. Some details of the security hazards faced by petitioner need to be noticed. Petitioner's brother, Mr. Jasminder Singh remained posted as Assistant Superintendent of Police, Majitha, Assistant Superintendent of Police, Patti, Superintendent of Police (D), Jalandhar, Sr. Superintendent of Police, Kapurthala, Sr. Superintendent of Police, Faridkot and is now Sr. Superintendent of Police, Sangrur. The Police Officer-petitioner's brother had, thus, worked on the said posts when terrorism was at its peak in Punjab. During his tenure of these posts, the Officer led various police parties in which certain hardcore militants were killed. As late as on January 1, 1993, he led a police party in which Jasbir Singh Jassa, the Deputy Chief of KCF (Panjwar) was killed. In another recent encounter, he led a police party in which Lakhbir Lakha, a hardcore militant of KCF (Zaffarwal) group was killed. In another major encounter on November 18, 1992, he led a police party in which ten hardcore militants including Jaswinder Singh alias Johal of Babbar Khalsa were killed. Not only that, on April 16, 1992, when he was proceeding towards Chandigarh along with his pilot and escort vehicles, in a determined bid to kill him, the militants arranged a bomb blast on the road leading to Chandigarh from Ludhiana. He, however, escaped attempt on his life. Petitioner, who was studying at GNE College, Ludhiana, thus, was under grave security threat. It is pleaded that GNE College Campus is notorious for militant activities. On September 6, 1988, there was firing on the GNE College Campus in Hostel No. 3 in which one person was injured. On June 8, 1989, F.I.R. No. 15 was registered at Police Station Sadar, Ludhiana in which case was registered against Jaljot Singh son of Gurmail Singh, a student of IInd year engineering course. According to the F.I.R., dreaded militants like Gurjant Singh Budhsinghwala, Chief of KLF, Jarnail Ghawaddi, hardcore Area Commander and Ajmer Singh Lodhiwal used to visit Room No. 177 in Hostel No. 1 which was allotted to Jaljot Singh. This was not the solitary incident and in fact in the premises of the GNE College, Ludhiana there were many such incidents. An other incident which needs mention is of July 25, 1988 in which two young Sikh boys went on scooters and started firing by AK 47 rifles killing Sohan Singh, Head Granthi of Darbar Sahib, Amritsar and Bhan Singh Bhaura, Secretary, S.G.P.C. This incident had taken place within the campus. Thereafter also one Rachhpal Singh Chhadran, Chief of KCF(P) was killed virtually on the gate of the College campus. The fact that petitioner's brother as also his whole family inclusive of petitioner himself were under lot of strain on account of threats extended to them, is also clear from various documents attached with civil misc. application which was filed on December 22, 1993 supported by an affidavit. Annexure A1 attached with the said application reveals that Kaur Singh, who was a known police helper and was in reality in league with terrorists had informed the terrorists on April 14, 1992 during night meeting at his house about the visit of S.S.P., Faridkot to Chandigarh on April 16, 1992. Annexure A-2 is a letter from the Superintendent of Police, Hoshiarpur to the Inspector General of Police (Intelligence), Punjab wherein it is mentioned that on March 4, 1988 near village Kahri 32 persons were killed by KCF gang of Makhan Singh @ Gabuli. This was a sensational incident that occurred in the area of Police Station Sadar, Hoshiarpur. Tangible achievement was made in the case and as per available information, ISI had given fresh instructions to KCF to eliminate police personnels involved in anti-terrorist operation. It is further mentioned that Zaffarwal had planned to send more weapons to India. It is also mentioned in the letter that Jasminder Singh IPS, who is brother of petitioner, was the main target of attack by terrorists because of his efforts in tracing the aforesaid case. Annexure A-3 is a communication from Deputy Superintendent of Police, Nakodar to the S.S.P., Jalandhar. It is mentioned in the letter aforesaid that since the terrorists stay in GNE College Campus, there is danger to the life of Jasminder Singh, IPS's brother. Annexure A-4 is a letter written by Shri K.P.S. Gill, Director General of Police, Punjab to the Advisor, U.T., Chandigarh. It is stated in the letter aforesaid that petitioner son of Dayal Singh, student of B.E. 3rd year (Electrical) GNE College, Ludhiana, is younger brother of Shri Jasminder Singh, IPS, SSP, Faridkot. His migration from Guru Nanak Engineering College, Ludhiana is required on extreme security grounds in view of threat perception to the lives of family members of senior police officers in the present situation. Annexure A-5 is still another letter written by the D.G.P., Punjab to the Vice-Chancellor of Punjab University, Chandigarh. It is stated in the letter aforesaid that the request made by petitioner for his migration was genuine and he deserved sympathetic consideration. He strongly recommended his case and requested to order migration of petitioner from GNE College, Ludhiana to PEC, Chandigarh. Annexure A-6 is a letter written by Shri K.P.S. Gill, DGP, Punjab to brother of petitioner, Jasminder Singh wherein he has appreciated the services of latter and, in particular, meticulous planning and proper execution of his work in eliminating two terrorists belonging to KCF. Annexure A-7 is again a letter written by the D.G.P., Punjab to brother of petitioner appreciating his notable success as a result of which ten terrorists were killed besides recovery of huge quantity of arms and ammunition. Annexures A8 and A9 are also similar letters. Annexure A-10 is a letter from SSP, Jalandhar to Inspector General of Police, Intelligence, Punjab. The letter reads thus :-

(3.) It is in the wake of the circumstances fully detailed above that petitioner applied for his migration from GNE College, Ludhiana to PEC, Chandigarh. Before that, he was admitted to B.E. (Electrical) Course in GNE College, Ludhiana in the year 1986 and at the time when he applied for migration, he was taking third semester examination of the said course. His request for migration was forwarded by the Director General of Police, Punjab and other concerned authorities. The DGP, as mentioned above strongly recommended his case and the matter was investigated by appropriate authorities, including the Home Secretary and the Registrar of Punjab University, Chandigarh, respondents No. 1 and 2 herein. The matter was also placed before the Syndicate of the Punjab University, Chandigarh. After giving due consideration to the matter, the Home Secretary, U.T., Chandigarh and the Punjab University allowed petitioner to be migrated from GNE College, Ludhiana to PEC, Chandigarh. On December 3, 1992, Registrar of the Punjab University wrote a letter to the Principal that petitioner be allowed migration to 3rd Semester of the course. Even though all formalities were complete, all concerned had made strong recommendations for migration of petitioner and when his name was struck off from the rolls of GNE College, Ludhiana, petitioner was to be in big shock when his admission at Chandigarh was refused. Petitioner was also in for further trouble when in spite of interim order having been issued in his favour by this Court consequent upon his writ petition on account of refusal for migration in PEC, Chandigarh, he was to remain confined to his house neither studying at Ludhiana nor at Chandigarh. Before, the facts leading to non-grant of admission to petitioner in PEC, Chandigarh are detailed, it will be useful to mention that Principal of the PEC, Chandigarh had refused migration of petitioner on the ground that as per rules, he could not be migrated in 4th semester.