SATINDERJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MS . Satinderjit Kaur petitioner has sought directions against respondents No. 1 to 4 including Partap Singh Bajwa, Minister Public Relations, Civil Secretariat, Punjab, respondent No. 3 praying as follows :

(2.) THE prayer of the present petitioner is being disputed by the respondents. There is no quarrel about the proposition that Satnam Singh Bajwa was the father of Partap Singh Bajwa, respondent No. 3, who is admittedly a Minister in the Cabinet of Punjab Govt. There is a sacred maxim of law that not only justice should be done but it seems to have been done. It is also not disputed that for the murder of Satnam Singh Bajwa, father of respondent No. 3, 10 persons were arrayed as suspects. Out of these 10 persons, 7 persons had died and they did not even face the trial for the murder of Mr. Satnam Singh Bajwa. Under these circumstances, a genuine apprehension can be entertained by the present petitioner Satinderjit Kaur wife of Gurjinder Singh that lest her husband may also not meet with the same fate which has been given to 7 persons who were not tried regularly for the murder of Satnam Singh Bajwa. It is fundamental and sacred duty of the law of protect the liberty of every citizen of India irrespective of the fact that he is being labelled with the most henious offences because rule of law is supreme. No person can be condemned unheard particularly on the basis of the allegations made against him. In these circumstances, out of the five directions sought for by the present petitioner this Court is of the considered opinion that directions must be given to respondent No. 4 to give effective medical treatment to Gurjinder Singh as per advice of the doctor and in case the doctor further opines that surgery is required on the person of Gurjinder Singh for any ailment he must be given due medical aid so that surgery can be performed upon him by competent surgeons of the Govt. hospital. Life is most valuable one to a human being and there is no substitute of life. Keeping in view the above principle, the first direction sought by Smt. Satinderjit Kaur has become necessary.

(3.) THE third directions is also given to respondent No. 4 that Gurjinder Singh may not be taken out from the Jail premises except with the permission of CJM concerned who will be competent to formulate an opinion whether the taking out of Gurjinder Singh from jail premises has become necessary in a particular given up circumstances or not. While giving directions to the authorities for taking out Gurjinder Singh every care must be taken out by the learned CJM to satisfy himself that the personal security of Gurjinder Singh may not be jeopardised at the hands of the police authorities.