D.S. GILL, CHAIRMAN, Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DURING the visit of a Single Judge of this Court at Ludhiana, a complaint was given on behalf of Punjab Human Rights Organisation. It was treated as a writ petition and notice was issued to the State.

(2.) IT was mentioned in the complaint that on the night intervening 9/10.4.1992 at about 2.45 A.M. a police party led by Inspector Gurjit Singh of Sarabha Nagar Police Station raided the residence of Shri S. Gill. He was taken into custody. He was taken to Sarabha Nagar Police Station and confined till 4.00 P.M. on 10.4.1992. Learning the confinement of Shri S. Gill the Punjab Human Rights Organisation had sent a telegram to the District and Sessions Judge and to the Chief Judicial Magistrate, Ludhiana that "Gurbhajan Singh Gill, Administration Secretary, Punjab Human Rights Organisation arrested at 3 a.m. today without informing case against him. Nothing is recovered. Apprehended false implication, torture, danger to life. Please intervene - B.S. Somal, Secretary, Punjab Human Rights Organisation, District Courts, Ludhiana". It is contended that at about 5.00 P.M. on the same day, the administration secretary was informed by ASI Balwant Singh that instructions had been received from the high-ups in Circuit House, Ludhiana that Shri S. Gill be proceeded in some security proceedings and sent to jail. At about 7.00 P.M. he alongwith another person was produced before Shri Vijay Kumar Janjua, Sub Divisional Magistrate who was sitting in the Satluj Club, Ludhiana. The Sub Divisional Magistrate passed an order "Accused produced in Police custody. Remanded to judicial custody. Produce again on 20.4.1992 in the Court". Even the relatives of the said person were not informed about the said detention. The Courts were closed from 11.4.1992 to 15.4.1992. On 16.4.1992 Shri Balbir Singh Sooch, Advocate filed bail application. The Sub Divisional Magistrate showed his helplessness to pass any order without instructions of the District Magistrate. Ultimately he passed an order forwarding the same to the concerned Executive Magistrate incharge of the Police Station. The said Executive Magistrate had passed the following order:-

(3.) WHILE the petition was pending another application was filed seeking compensation for illegal detention.