MUKHTIAR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is the mother of Ranjit Singh, the alleged detenu who was allegedly abducted by A.S.I. Kirpal Singh alongwith other police officials on 25.6.1993 at about 8.00 a.m. from the house of her daughter Binder Kaur in village Doad, District Faridkot. On the evening of 25.6.1993 at about 5.00 P.M., the petitioner alongwith other respectables went to Police Station, Sadik and requested the police to release Ranjit Singh. The police promised to release Ranjit Singh after a few days. Later on, the petitioner alongwith other respectables met the Superintendent of Police (Operations) Shri Gautam for the release of Ranjit Singh, who promised to enquire from A.S.I. Kirpal Singh respondent but till today, no clue regarding whereabouts of Ranjit Singh is available. According to the petitioner, Ranjit Singh was lastly seen by her and other other persons on 25.6.1993 at 5.00 p.m. in Police Station, Sadik. She apprehended that said Ranjit Singh, has been killed by Kirpal Singh, respondent. On these facts, the petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India with the prayer that as enquiry be got conducted from an independent agency and the guilty persons be punished. She has further prayed that she be awarded Rs. 5 lacs as compensation.

(2.) ON notice of motion having been issued, two separate replies have been filed by the respondents; one by Ashok Kumar Bath, Deputy Super intendent of Police, Faridkot on behalf of the State of Punjab and the other by A.S.I. Kirpal Singh, respondent No.2. Both the respondents have controverted the allegations made in the writ petition and pleaded that Ranjit Singh was never arrested from the house of Binder Kaur of village Doad, District Faridkot nor A.S.I. Kirpal Singh the then S.H.O. Police Station, Sadik visited that village on that day as Ranjit Singh was not wanted in any case. It was further averred that the alleged application Annexure P.1 is false and made up and does not appeal to reasons that the same will be filed after about 29 months of the alleged detention of said Ranjit Singh.

(3.) BY way of filing rejoinder, the petitioner placed on record the affidavits of Pakhar Singh, Pritam Singh and Sukhnand Singh.