GURDEV SINGH Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS petition has been filed by Gurdev Singh seeking writ of Habeas Corpus for the production of his two sons namely Iqbal Singh alias Kala and Sukhjinder Singh. The petition arises out of the following facts :-

(2.) ON 4th August, 1992, the petitioner alongwith his two sons - Iqbal Singh and Jasbir Singh - was taken away from the petitioner's residence by a police party of District Jagraon headed by respondent No. 3 Sh. Harbhagwan Singh Sodhi, Dy. Superintendent of Police and respondent No. 2 Sh. Kanwaljit Singh, DSP and others police officials. They were taken to the police station and on the same night, Sukhjinder Singh, the third son of the petitioner was also produced before the police. As per the averments in the petition, all the detained persons were tortured till 5th August, 1992 and on the intervening night between 5th August, 1992 and 6th August, 1992, Sukhjinder Singh was taken out of the police station and it was later shown in the News Papers that he had absconded from police custody. The petitioner, however, continued to be in police custody till 16th August, 1992, when he alongwith Jasbir Singh were got released on the intervention of the respectable of the area, whereas Iqbal Singh continued to be detained in the police station, and was also served food and medicines by his relatives while in police custody. After the month of September, 1992, however Iqbal Singh also disappeared. The petitioner, thereafter, made strenuous efforts to locate both Sukhjinder Singh and Iqbal Singh and also submitted a representation to the I.G. of Police on his visit to Manuke on 28th August, 1993, but no reply was received thereto. A representation by registered post was also made to the I.G. of Police (Copy appended as Annexure P-1), on which the petitioner was called by the Dy. Supdt. of Police of the concerned area on 10th December, 1994, but again no concrete result followed. Frustrated in his efforts, this petition has been filed seeking the issuance of a writ of habeas corpus to the respondents to produce Iqbal Singh and Sukhjinder Singh in this court. Notice was issued by this Court and separate replied have been filed, one on behalf on respondents No. 1 and 4 and the other by respondent No. 2. The sum and substance of both the replies is that Sukhjinder Singh had been arrested in a case bearing FIR No. 119 dated 5th August, 1992 registered under Section 212/216 of the Indian Penal Code and Sections 4/5 of Explosive Act at Police Station Jagraon and that on a statement made by him, 10 Kgs of explosive had been recovered from him. It has further been stated that on 6th August, 1992, Sub Inspector Ajmer Singh alongwith members of a police party was going to village Doharka with Sukhjinder Singh for the recovery of more explosives but on the way, they were fired at by some extremists and in the resultant exchange of fire, Sukhjinder Singh ran away and that yet another case was registered against him and the other extremists. In both these replies, the positive stand is that Sukhjinder Singh had been taken into custody not by the answering respondents but by Sub Inspector Ajmer Singh.

(3.) AS against this, it has been argued by the learned counsel for the respondents that the enquiry had been made by the Superintendent of Police (Detective), Jagraon District Police and it had been ascertained that there was no merit in the allegations made by the petitioners with regard to the disappearance of his sons.