GURDITT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A letter dated 29.10.1994 was received from one Gudditt Singh son of Inder Singh, resident of Ward No. 3, Gali No. 13, Guru Gobind Singh Nagar, Bathinda, wherein it has been stated that on 17.7.1992 at about 8.00 A.M. his son Paramjeet Singh was reading newspaper at his flour mill when some unidentified persons in Civil dress came there and asked him to accompany them as they were to conduct search of his house. The said unidentified persons instead of taking him to his house took to some unknown place. Gurditt Singh further stated in his letter that despite his making several applications to SSP Bathinda, Deputy Commissioner, Chief Minister and other higher authorities to recover and ascertain the whereabouts of his son, nothing in this regard has been done so far. He further stated that his son is married and has two children.

(2.) NOTICE of the petition was given to the respondents. Reply has been filed on behalf of the State by Shri Paramjit Singh Gill, the then Senior Superintendent of Police, Bathinda, who denied that the son of the petitioner was taken away by some unknown persons in civil dress from the flour mill. The Senior Superintendent of Police has stated that in fact the son of the petitioner namely Paramjit Singh resident of Guru Gobind Singh Nagar, Street No. 13, Bathinda was arrested on 17.7.1992 in case FIR No. 28 dated 26.3.1992 under Section 307/34 IPC and 25 of the Arms Act, Police Station Sadar Bathinda from canal bridge near Thermal Plant, Bathinda on secret information. During the interrogation, Paramjit Singh accused suffered a disclosure statement to the effect that he has hidden a AK 47 rifle, 3 magazines and 40 cartridges wrapped in a tractor tube under the earth in the area of village Chumba Kalan after crossing the canal bridge on the road leading to village Purie. That in pursuance of this disclosure statement while Paramjit Singh was being taken for the recovery of the weapon and ammunition by the police party at about 10.00 A.M. the police party was attacked by unidentified persons near the canal bridge lying in the area of village Chumba Bhai Ka. The firing continued from both sides for about 30 minutes, whereafter on search it was found that Paramjit Singh accused after breaking/removing the hook from the belt of the constable to which his hand-cuffs were attached, escaped from the custody taking the benefit of darkness and the cross-firing which was going on. A FIR No. 51/92 to this effect was lodged/recorded under Sections 307/224/225/186/34 of the IPC dated 18.7.1992, Police Station Sadar Bathinda."

(3.) ON this inquiry the objections of the parties were invited. Though this court was not supposed to do so still in the interest of justice the counsel for the parties were heard as to why a criminal case should not be ordered against the delinquent officer of the State Government and why the compensation should not be awarded to the legal heirs of the deceased.