LAWS(P&H)-2005-4-56

DR. G.S. MAVI Vs. STATE OF PUNJAB

Decided On April 04, 2005
Dr. G.S. Mavi Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioners' sons were two friends, Atamjit Singh (19) and Mohan Singh (20). The young men were on their way to college on a bicycle on February 5, 1991 having left the former's home at 9.30 A.M. They were picked up by the police. The petitioners suspect that their sons were taken into police custody, never to be seen alive again.

(2.) THE present petition was filed after four years on November 4, 1996. The petitioners have sought an independent investigation into the disappearance of Atamjit Singh and Mohan Singh, compensation to the tune of Rs.10 lacs each and any other appropriate writ, direction or order.

(3.) ON February 16, 1991, Hari Singh Brar, President of Punjab Agricultural University Teachers' Association (Dr. G.S. Mavi being a Professor at the said University) addressed a representation to the Prime Minister of India giving more details of the case. According to this representation, on February 5,1991 Atamjit Singh (19) was abducted with his friend Mohan Singh by a police team led by D.S.P. Shiv Kumar Sharma and C.I.A. Inspector Manmohan Singh in a broad day light from Bhai Wala Chowk, Ludhiana in a private Matador DL -3C -3066 and taken to C.R.P.F. interrogation centre, Dugri. Their bicycle was left by the police party at a nearby dhaba and was picked up later in the afternoon by a C.J.A -Constable. From Dugri the boys were taken to Police Station, Khanna Sadar, where they were asked to change their clothes and from there taken to Nasrali, where in an alleged encounter, they were allegedly murdered under the supervision of D.S.P. Shiv Kumar Sharma. In order to suppress the identity of the boys, not only their clothes were changed, their photographs were also tampered with. In the said representation it was prayed that a judicial inquiry be conducted by a sitting Judge of the High Court into the crime.