KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a criminal writ petition filed by Kulwant Singh- petitioner under Article 226 of the Constitution of India whereby he prays for the issuance of a writ of habeas corpus directing respondents No. 1 to 4 to produce his son Sukhwinder Singh. In the alternative he has prayed for an enquiry by the District & Sessions Judge, Amritsar if they are unable to produce his son Sukhwinder Singh. Now the facts in brief :

(2.) ON 22.7.1990 petitioner's son Sukhwinder Singh aged 22 years was abducted from his residence in the presence of certain respectables. He was informed that SHO Mohinder Singh had himself kidnapped his son. He went to SHO Mohinder Singh and saw his son in his custody at Police Station Majitha on 23.7.1990. Sh. Mohinder Singh asked for illegal gratification in the sum of Rs. 1.50 lacs for the release of his son. He did not agree to fulfil the demand of Sh. Mohinder Singh and as such his son was not released. His son's whereabouts are not known to him since after 23.7.1990. He has not been heard of thereafter. He kept on knocking the door of the Deputy Inspector General of Police, Border Range, Amritsar and SSP Majitha accompanied by his co- villagers and sought their help for securing the release of his son but to no effect. His son Bhupinder Singh sent a telegram to the Governor of Punjab on 28.7.1990 and the Director General of Police, Punjab, SSP Majitha and Deputy Commissioner Amritsar, copy Annexure P-1, informing them about the arrest of Sukhwinder Singh on the night of 27.7.1990 at 10.30 PM unlawfully. He sent another telegram, copy Annexure P-2 to the High Court of Punjab and Haryana on 9.8.1990 informing about the arrest of Sukhwinder Singh. He made a detailed representation, copy Annexure P-3 to the Governor of Punjab on 18.9.1990 and requested for an enquiry into the abduction of his son Sukhwinder Singh by Sh. Mohinder Singh, SHO Police Station, Majitha. On the directions of Governor Punjab, Sh. Harbhupinder Singh, Executive Magistrate, Amritsar was appointed as Enquiry Officer for holding a Magisterial enquiry into the abduction of his son. He produced witnesses before the Executive Magistrate. In the month of February, 1991, the enquiry was finalised. He again sent a representation, copy Annexure P-4 to the Governor of Punjab on 25.2.1991 requesting the grant of interview to him. He gave details of the enquiry conducted by the Executive Magistrate vide letter dated 13.3.1991 (Annexure P-5); he was informed by the office of the Governor of Punjab that he should contact the Deputy Commissioner's office, Amritsar regarding enquiry. It is alleged that he is in absolute darkness about the whereabouts of his son although 6 years period has elapsed. Since after 23.7.1990 he has not seen his son. He has been knocking every hearth and home in the quest of his son but to no effect. He and his family are in a sad predicament. Neither do they know that he is dead nor do they know that he is alive. They are in a state of grave suspense. If they are told that Sukhwinder Singh is no more, they may reconcile to their fate. Sh. Mohinder Singh abducted his son on account of lust for money, or for getting extra promotion because in those days when terrorism was at peak in the State of Punjab, such police officers used to be given handsome rewards and bounties in the shape of promotion etc. if they eliminated so-called terrorists and showed them to have been killed while having encounters with the police.

(3.) HE was wanted in the said cases. He was declared proclaimed offender in Case FIR No. 55 dated 27.7.1990 ibid. He is evading arrest and has not been so far arrested. Annexure R-2 is the order passed by the Court declaring him a proclaimed offender on 4.10.1993.