GURCHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SHRI Gurchand Singh S/o Shri Ganga Singh, Petitioner has filed the present petition under Article 226 of the Constitution of India seeking the directions of this Court for the issuance of a writ of habeas against the respondents to produce Sarvshri Swaran Singh and Balvinder Singh, sons of the petitioner, who were allegedly picked up on 29.12.1992 by the police party headed by Nagaur Singh, respondent No. 6, SHO Police Station, Mallenwale. The police party consisted of ASI Hans Raj, HC Rachpal Singh and HC Rajinder, besides the SHO Nagaur Singh.

(2.) THE case of the petitioner has been sent up in para 3 of the petition and it has been alleged that on 29.12.1992, the aforesaid police party came to the house of the petitioner and took along with them the petitioner and his son Balvinder Singh. The police party also took two licensed rifles of the petitioner, i.e. .12 Bore and .315 Bore. It is further alleged by the petitioner that this son Swaran Singh is also in the illegal custody of the police. The petitioner alongwith his two sons was badly tortured and interrogated. On 7.1.1993, the two sons of the petitioner were taken away by the police to some other destination while the petitioner was, ultimately, released when he paid a sum of Rs. 20,000/ - to the police. Summing up, the case of the petitioner is that Sarvshri Balvinder Singh and Swaran Singh are in the custody of the police and they should be directed to produce them before the Court of law or in the alternative it has been prayed by Mr. Bains that an independent probe preferably by the C.B.I. be got conducted.

(3.) THE allegations of the petitioner have been refuted by the State. According to them, Swaran Singh was a police employee and his services were dispensed with the aid of Article 311(2)(b) of the Constitution of India. Swaran Singh might have run away from the law as he was a terrorist like his brother Balvinder Singh. It is also pleaded by the State that Swaran Singh was married with Smt. Rajwant Kaur, who was brought up by Pritam Singh, who died in police encounter. The said Pritam Singh was responsible for murdering several persons when those persons were waylaid while travelling in a bus. The State has come with a specific reply that Sarvshri Balvinder Singh and Swaran Singh are not in their custody and they are not responsible to explain their presence.