RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Rajinder Singh son of Ishar Singh resident of Village Kashtiwal. Tehsil Batala. District Gurdaspur has filed this criminal writ petition under Article 226 of the Constitution of India read with Section 482 Cr. P.C. for issuance of a writ of habeas corpus directing the respondents, State of Punjab, Director General of Police, Senior Superintendent of Police, Police District Batala, the then Senior Superintendent of Police, Shri Sita Ram and Sadhu Ram, A.S.I. P.S. City Batala to produce the detenues mentioned in the petition before this court and in the alternative for an enquiry by an independent agency or the Central Bureau of Investigation or knowing the whereabouts of the date and place of liquidation of the detenues and for registration of criminal case against the culprits. On 30-5-1991, Sadhu Ram, ASI led a police party to Village Kashtiwal aforesaid and came to the residence of the petitioner. The said police party led by Sadhu Ram, ASI took Jasbir Singh Bittu son of the petitioner along with Jagjit Singh Jtta son of Banta Singh resident of the same village and left for unknown destination. The petitioner sent telegram to the Director General of Police Punjab as also to the Governor of State of Punjab in this regard and placed copy of the telegram as Annexure P.1. Later on the petitioner learnt that the alleged detenues were kept in Beeko Interrogation Centre. Batala and were in the custody of Inspector Santa Singh CIA Staff, Batala who was incharge of the Interrogation Centre at that time. The petitioner tried to meet the alleged detenues but he was not allowed to do so. The petitioners sent a telegram to Honble the Chief Justice of this Court on 13-6-1991 regarding the alleged detention of his son Jasbir Singh and Jagjit Singh sought intervention of this court, a copy of the telegram was placed as Annexure P2. The petitioner contacted the then Senior Superintendent of Police, Shri Sita Ram who assured the petitioner of his help in tracing out the alleged detenues. The intervention of the Honble the Governor of Punjab was also sought vide copy of letter Annexure P3. The petitioner wrote a letter to the Home Secretary, Punjab on 15-7-1991 and contacted practically every possible source of authority for tracing out alleged detenues. But he could not find any clue about the detenues. The petitioner apprehended that his son Jasbir Singh and Jagjit Singh might have been liquidated and killed by the police of District Batala.

(2.) Notice was issued to the respondents. Reply was filed by Superintendent of Police (D) Police District Batala on behalf of respondents 1 to 3 whereas ASI Sadhu Ram filed a separate reply in the shape of his affidavit contending, inter alia, in para 2 of the reply as under: That in reply to para No. 2 of the petition, it is submitted that Sh. Jasbir Singh and Jagjit Singh alias Jit Singh were wanted in case FIR No. 71/91 dated 30-5-1991 u/ss. 392,307, 148.149 IPC & 25/ 54/59 Arms Act, Police Station city Batala. The deponent never arrested the said Jasbir Singh or Jagjit Singh. In this case an amount of Rs. 1,90,000/- was robbed from the Bank of Baroda, G.T. Road, Batala on 30-5-1991 and the above said case was registered on the statement of Sh. Jasbir Singh Oberoi, son of Harbans Singh, Manager of Bank of Baroda, G.T. Road, Batala. It is further submitted that during the investigation of the case, the names of Jasbir Singh and Jagjit Singh alias Jit Singh and others figured in the statement of Savinder Singh son of Sohan Singh and Sukhvinder Singh son of Rattan Singh. It is further submitted that efforts were made to apprehend Jasbir Singh and Jagjit Singh alias Jit Singh and others but they absconded and could not be arrested. It is further submitted that both Jasbir Singh and Jagjit Singh were declared as proclaimed offenders by the court of Illaqa Magistrate. Batala vide order dated 26-8-1991. The copy of the order is enclosed as Annexure R2.

(3.) According to the averments made by the ASI Sadhu Ram both the detenues Jasbir Singh alias Bittu and Jagjit Singh alias Jitta were wanted in FIR No. 71/91 of Police Station City Batala and they were evading arrest and had been proclaimed as offenders by the Illaqa Magistrate. Batala on 26-8-1991, In nutshell both the respondents aforesaid specifically and categorically denied the averments made in the petition regarding the alleged taking of the detenues Jasbir Singh and Jagjit Singh by ASI Sadhu Ram and other Police officials.