PARAMJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE this petition Petitioner Paramjit Kaur has sought issuance of a writ of habeas corpus for production/investigation into disappearance of her husband Surjit Singh, resident of Village Bhorchi Rajput, District Amritsar.

(2.) AS per allegations made by the petitioner, on 7.5.1992 at about 12.00 P.M. village Bhorchi Rajput was surrounded by a large number of police personnel led by D.S.P. Balkar Singh, SHO Udham Singh and ASI Satwant Singh of Police Station Jandiala Guru. The seizure operation continued till 7.00 P.M. The police party took away some persons including petitioner's husband Surjit Singh. The other two persons, namely, Jatinder Singh and Parmjit Singh were released after some time, but Surjit Singh was not released, rather FIR was registered against him at Police Station Jandiala Guru alleging that Surjit Singh had escaped from police custody. According to the petitioner, Surjit Singh had not escaped from the police custody, rather he was killed by the police in their custody. Petitioner, therefore, prays for an independent inquiry into the matter.

(3.) IN her rejoinder, the petitioner denied the averments made in the written statement filed by the police and she reiterated that her husband has been murdered by the police officials in a fake encounter. This Court vide order dated 1.4.2003 transferred the investigation to the Central Bureau of Investigation. The Central Bureau of Investigation was directed to look into the matter to record a finding whether Surjit Singh, husband of the petitioner had been killed by the police or he had escaped on the night of 8.5.1992 while he was being taken for recovery of arms and ammunition.