KAMALJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KAMALJIT Kaur wife of Sukhdev Singh has approached this Court with this petition under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus against the respondents directing them to produce the above said Sukhdev Singh, the alleged detainee or to get an investigations by the Central Bureau of Investigation with regard to the allegations made in this petition.

(2.) THE allegations in this petition in brief are as follows :- Petitioner's husband-Sukhdev Singh (hereinafter referred to as the detainee) was a transporter and also the owner of a petrol pump at Chamkor Saheb. On 18.2.1993, the then S.H.O. of Police Station, Sohana, Ramesh Chander, who was on friendly terms with the detainee, came to the house of the petitioner when the detainee and his friend-Jaspal Singh were sitting together. The S.H.O. Ramesh Chander called the detainee to the Police Station, Sohana. The detainee, after informing the petitioner, left for the Police Station, Sohana along with Jaspal Singh, but, after reaching the police station, Jaspal Singh was sent back and the detainee was detained at the police station, since, according to Ramesh Chander, the then Senior Superintendent of Police Sanjiv Gupta, (second-respondent) wanted to talk with the detainee.

(3.) ON 28.2.1993, the detainee has handed over to the Incharge of CIA Staff, Ropar and remained there till 29.4.1993 during which period the detainee was tortured by S.S. Batra, the then Superintendent of Police (Operation), Ropar (third-respondent). The detainee was brought back to Police Station, Sohana on 29.4.1993 and was detained there till 4.7.1993, during which period also Surjit Singh used to meet the detainee, who informed Surjit Singh that the third respondent threatened to kill him.