LACHHMAN DASS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) MR . Lachhman Dass, Retired Director General of Police, Haryana has filed petition under section 439 of the Code of Criminal Procedure for grant of bail in R.C. No. 2(s)/96/SIC/IV -New Delhi dated 17.1.1996. Delhi -Spl -Establishment -CBI/SIC/New Delhi under Section 120 -B read with Section 302/201/34 of the Indian Penal Code.

(2.) ONE Smt. Ishwari Devi wife of Late Ram Dass filed civil writ petition No. 3921 of 1995 seeking a direction from the Court to the Central Bureau of Investigation (for short 'CBI') to conduct the investigation into the circumstances under which Jitender Pahal and Randhir Singh died near village Ishapur Kheri, District Sonepat, on. 25.10.1994 while in police custody when they were being taken from Jind to Sonepat.

(3.) FOLLOWING the directions of this Court, the matter was examined by the CBI and so a case under Section 120 -B read with Section 302/201/34 of the Indian Penal Code has been registered against the petitioner and his co - accused. CBI on enquiry found no substance in the case as set up by Sh. Nar Singh and another that while they along with Jetinder Pahal and Randhir Singh (though in custody) were returning from the place where recoveries were effected, some unknown persons started firing on the police party and it is during the course of this firing that the aforesaid two persons received fatal injuries and died on way to civil hospital, Gohana - version as given by the Haryana Police in case FIR No. 128 dated 26.10.1994 C.B.I. on investigation finally came to the conclusion that Jitender Pahal and Randhir Singh were eliminated by the accused persons, namely, Nar Singh, Ramesh Chander, Sube Singh, Lachhman Dass (Petitioner), Ved Parkash Verma and Mangat Singh Gill by hatching a criminal conspiracy and with a view to cover up the same caused disappearance of evidence, framed incorrect record with intend to save themselves and others as well as fabricated false evidence. The precise case set up by the CBI against Sh. Lachhman Dass of criminal conspiracy as per narration in the report reads as under : "5. That in pursuance of the said criminal conspiracy, Sh. Lachhman Dass, DGP (A -4), had posted Sh. Nar Singh (A -1), Inspr. from State Vigilance Bureau to CIA Jind on 24.8.94 and transferred the investigation of crime No. 302/94 dated 12.7.94 of PS City Jind to him vide order dated 24.8.94. Crime No. 302/94 dated 12.7.94 was initially registered under Section 365 IPC on the complaint of Sh. Rajender Kumar Gombar regarding the abduction of his brother Lekhu by one Sh. Pappu Gaba but during the investigation of this case alleged involvement of Shri. Jitender Pahal, Randhir Singh and others surfaced in the abduction and murder of S/Sh. Lekhu and others. Not only that the investigation of this case was transferred to CIA Jind, after the arrest of deceased Jitender Pahal, on 27.9.94 the supervision of this case was also transferred from SP Jind to Sh. Ved Prakash Verma (A -5), the then SP (Vig) Gurgaon by Sh. Lachhman Dass (A -4) vide his order dated 27.9.94. As per record of CIA Jind, Sh. Jitender Pahal was arrested on 27.9.94 and thereafter he was remanded to police custody first upto 11.10.94 and thereafter remand was extended upto 26.10.94. Another accused Sh. Randhir Singh was arrested on 20.10.94 and he was remanded to police custody upto 8.11.94. Thus, both the accused were in police custody of CIA Jind on 25.10.94 in crime No. 302/94 PS City Jind. 6. That it is further found during investigation that in pursuance of the criminal conspiracy aforesaid, Inspr. Nar Singh(A -1) recorded false disclosure statements of S/Sh. Jitender Pahal and Randhir Singh on 24.10.94 showing their willingness to get recovered ransom amount of Rs. 50,000/ - and one fake number plate DL -1C/1609 along with three fired cartridges, etc on their pointing out. Thereafter, Shri. Ved Parkash Verma (A -5) sought instructions from Shri. Lachhman Dass (A -4) over phone No. 540239 at Chandigarh at 3.16 and 3.26 p.m. from telephone No. 285619 of Dy. SP, CID, Faridabad. Immediately after seeking instructions from Sh. Lachhman Dass (A - 4), Shri. Ved Parkash Verma (A -5) passed on instructions to Inspr. Nar Singh (A -1) at Jind on telephone No. 55425 at 3.30 p.m. Sh. Ved Parkash (A -5) again contacted CIA Staff Jind on telephone at 5.50 p.m. from his office telephone No. 321607 at Gurgaon and also contacted Sh. Lachhman Dass (A -4) at 5.54 and,5.57 p.m. at Chandigarh on telephone No. 540239. 7. In pursuance of the criminal conspiracy aforesiad, around 4 p.m. on 25.10.94 both S. Sh. Jitender Pahal and Randhir Singh were brought to CIA office Jind from PS Sadar Jind. Around 5.30 p.m. on 25.10.94, Inspr. Nar Singh along with Jitender Pahal and Randhir Singh in custody and Const. Sube Singh (A -3), Const. Ramesh Chander (A -2), Const. Hoshiyar Singh and UGC Puran Singh proceeded, in Tata mobile vehicle No. HR -31/4474 driven by Const./ Dvr. Hari Pal, from CIA Jind towards Sonepat district for effecting the alleged recovery of the articles/items as recorded in the false disclosure memos dt. 24.10.94 of S/Sh. Jitender Pahal and Randhir Singh. Inspt. Nar Singh (A -1) also arranged two guns, one countrymade pistol (katta), 3 used cartridges, some live cartridges, one number plate reading as DL -IC/1609 along with Rs. 50,000/ - and carried them along with him. Investigation further revealed that Inspr. Nar Singh (A -1) and accompanying members of the police staff showed false recovery of one number plate DL -IC/1609 and 3 fired cartridges from near a 'keekar' tree from Butana Branch canal, Ghora Pulia (near village Rana Kheri) and Rs. 50,000/ - which were shown to have been recovered from the house of Sh. Shamsher Singh of village Gangana. After showing these false recoveries, the police vehicle along with members of the police party and S/Sh. Jitender Pahal and Randhir Singh is shown to have proceeded towards Butana Branch Canal approach road near village Ishapur Kheri where Sh. Hari Pal, Driver, around 8.00 p.m. on 25.10.1994 was directed by Inspr. Nar Singh (A -1) to stop the vehicle near the field of Pt. Banwari Lal." Investigation further reveal that in pursuance of the criminal conspiracy Inspector Nar Singh brought Randhir Singh from vehicle, took out .12 bore magazine gun and fired two shots on Randhir Singh. Again one more gun shot injury was caused by Nar Singh to Randhir Singh. Ramesh Chander also fired one shot at Randhir Singh. Thereafter Jitender Pahal was brought down and Inspector Nar Singh fired several shots on Jitender Pahal. Ramesh Chander also fired 2/3 shots from the country made pistol on Jitender Pahal. Both Randhir Singh and Jitender Pahal died at the spot. However, to cover up the same, a false and fabricated FIR was lodged stating therein that both these persons have died in an encounter. This cover up version was also set up as per direction of the then Director General of Police, Haryana, Sh. Lachhman Dass petitioner. C.B.I. had also made mention that as per post -mortem conducted on the dead bodies of Jitender Pahal and Randhir Singh the injuries on their person were found to have been caused from a very close range.