MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CASE FIR No. 29/17.4.1995 under Section 364/34 of the Indian Penal Code of Police Station City, Faridkot is presently being investigated by the police District Faridkot. This case relates to the disappearance of Surjit Singh. Manjit Kaur wife of Surjit Singh, Amarjit Singh son of Ram Singh and Harminder Pal Singh son of Sudarshan Singh feel that the case FIR No. 29/17.4.1995 (ibid) is not being investigated fairly and squarely by the police of District Faridkot, and, therefore, investigation of this case be entrusted to some independent agency so that fair and impartial investigation is ensured. Smt. Manjit Kaur claims that she is the wife of Surjit Singh. On 26.2.1995 she appeared in Police Station City, Faridkot alongwith one Gurdip Singh son of Sunder Singh R/o of village Pakhi Kalan and informed that her husband Surjit Singh was commuting daily to Kotkapura where he was posted as teacher in Government Senior Secondary School. She is posted as teacher in Balbir Senior Secondary School, Faridkot, and that on 14.2.1995 her husband, Surjit Singh want to school as usual but did not return. They made enquiries about him among relatious and friends and they came to know that 15th of February, 1995 was Holiday and he had submitted station leave on 14.2.195 for 16th, 17th and 18th of February, 1995 on 14.2.95 while leaving the school and his cycle was found at the cycle-stand located at bus stand with a slip dated 15.2.1995 affixed on it. Her statement was recorded in DDR of Police Station City, Faridkot against Sl. No. 4 dated 26.2.1995. copy of this Daily Diary report was handed over to ASI Gurmail Singh for investigation. One copy of this report was also given to Smt. Manjit Kaur.

(2.) SURJIT Singh owns 12 acres of land. Manjit Kaur was previously married to Sudarshan Singh. From this wedlock two children were born to them. Sudarshan Singh expired on 1.10.1981. According to Manjit Kaur, she later on married Surjit Singh. No child, however, was born to them from this wedlock. When she appeared in Police Station City Faridkot on 26.2.1995 she did not suspect anyone of any foul play with regard to disappearance of her husband, Surjit Singh, and, therefore, she did not name anyone as suspect. Shri Gurdev Singh son of Sundar Singh, who is presently posted as Deputy District Attorney, Bhatinda, is the real brother of Surjit Singh. He was apprehensive that she would lay claim to the share of Surjit Singh in the land, and, therefore, to stall her from laying any claim to that land, he in connivance with Gurdip Singh son of Sundar Singh and one Gurmail Singh started harassing her and her son Rubi. He got them summoned time and again in CIA Staff, Faridkot/PS City Faridkot/PS Sadar, Faridkot. He threatened her that she should give up her claim to Surjit Singh's share of land or else she would be implicated falsely in the murder of Surjit Singh. She and her son Rubi and an employee of the school, namely, Amarjit Singh was detained in PS City Faridkot/PS Sadar Faridkot/CIA Staff, Faridkot and were tortured. They were threatened by Gurmail Singh and Gurdev Singh that in case they lay any claim to the share of Surjit Singh in the land, they would be implicated falsely for the murder of Surjit Singh. Accordingly, Surjit Singh has been made to disappear or murdered by Gurdev Singh and Gurmail Singh in connivance with her sister-in-law, Surjit Kaur with the intention to devour the share of the land of Surjit Singh. Shri Gurdev Singh's daughter is married to the son of Shri Gurmail Singh, Superintendent of Police. Shri Gurdev Singh, Shri Gurdip Singh and Shri Gurmail Singh are on a joint venture to gulp 12 acres of Surjit Singh's share of land. On 16.4.1995 Shri Shivraj Bhushan abducted Amarjit Singh and detained him illegally with the police and he was subjected to inhuman torture. He was let off by the police in consequence of a writ of Habeas Corpus having been filed by one Balwinder Singh, who is the son of 'Masi' of Amarjit Singh. She and her son were also released by the police after release of Amarjit Singh. She sent many applications to Chief Minister of Punjab, I.G. Crimes, Director-General of Police, Punjab and D.I.G. Ferozepur. She also appeared before S.S.P., Faridkot but nothing worthwhile happened so far as her request to them is concerned. An anticipatory bail was allowed to her and her son, Rubi in case FIR No. 29 of 1995 (ibid) by Shri K.S. Uppal, Additional Sessions Judge, Faridkot. Likewise, Shri K.S. Uppal, Additional Sessions Jude, Faridkot allowed anticipatory bail to Amarjit Singh also vide order dated 6.7.1995. Despite anticipatory bail having been granted to them all, the police is not relenting and is out to arrest them, saying that they had been allowed anticipatory bail under Section 314 IPC whereas the offence under Section 302 of Indian Penal Code was made out against them. They got anticipatory bail under Section 302 IPC also from the court of Shri N.I.S. Dhaliwal on 10.1.1995. Shri Gurdev Singh got her son, Rubi lifted and thrown in the jeep by the police party whom Shri Gurdev Singh was also accompanying. Her son was detained in CIA Staff, Bathinda. On 10.11.1995 he was released. Amarjit Singh petititoner was lifted by the CIA Staff on 28.11.1995 at about 11 a.m. He was tortured in CIA staff, Faridkot and was threatened time and again that in case he made any statement against the police he would be killed in a stage-managed encounter. He was threatened time and again to make a statement in the High Court in favour of the police.

(3.) THERE are these two allegations so far as the disappearance/murder of Surjit Singh is concerned. With regard to disappearance/murder of Surjit Singh, FIR has been registered. According to Manjit Kaur, etc. Shri Gurdev Singh, Deputy District Attorney, Bathinda is well known to the police and he will not allow the police to investigate fairly and squarely. So that investigation of the case of disappearance/murder of Surjit Singh is conducted fairly and squarely, it is desirable that Faridkot police are not entrusted with the investigation of this case. There is to view something also. It is that Shri Gurdev Singh's daughter is married to the son of Gurmail Singh, Superintendent to Police. Manjit Kaur etc. can have legitimate apprehension that Shri Gurmail Singh, Superintendent of Police, will also try to influence the direction of the investigation.