SURJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution of India, grievance of the petitioner, Surjit Kaur, was that Surjit Singh son of Bhag Singh, Ajmer Singh son of Joginder Singh, and Kartar Singh son of Teja Singh have been illegally detained by the Incharge, CIA, Patiala.

(2.) IN the petition, it was alleged that on 20.6.1992, father of the petitioner, namely Bhag Singh was kidnapped by Inderjit Singh, Dharam Singh, Gola, Pappu, Vinod and others of village Ablowal, District Patiala. Kartar Singh son of Teja Singh, one of the detenus, was a witness to the occurrence. Police though registered a case under section 364 IPC against the accused regarding kidnaping of Bhag Singh, but under the influence of the accused started putting pressure on the family of the petitioner to settle and compromise with the accused. Since the family of the petitioner did not succumb to pressure of the police and insisted on getting a case registered against the accused under Section 302 IPC, the brother of the petitioner, namely, Surjit Singh, Kartar Singh, witness to the occurrence, and Ajmer singh, i.e. husband of the petitioner, were taken into custody by the CIA. Patiala in the presence of villagers. They also gave beatings to them and to Satwant Kaur widow of Bhag Singh.

(3.) IN response to the notice of the petition, replies by way of affidavits of Sh. H.S. Chahal, Senior Superintendent of Police, Patiala, and Darshan Singh Inspector, CIA staff, Patiala, were filed in which they denied the allegation with regard to detention of Surjit Singh and Ajmer Singh. In regard to the presence of Kartar Singh, they stated that he was called in connection with further investigation of case, FIR No. 163 dated 2.9.1993 under Section 364 IPC.