BALDEV KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BALDEV Kaur w/o Palwinder Singh r/o village Gehlon, Tehsil Bhawanigarh, District Sangrur, has filed the present writ under Article 226 of the Constitution of India, for issuing a writ of habeas corpus seeking the directions of this court against the respondents to produce her husband Palwinder Singh in court, failing which a detailed enquiry be conducted by the C.B.I.

(2.) ACCORDING to the petitioner, she is the wife of Palwinder Singh, who was aged about 37 years and was working as a Clerk in the Sangrur Central Cooperative Bank, Sangrur. Maheshinder Singh, the brother of Palwinder Singh was wanted by the police in cases pertaining to different districts and the police of Punjab was searching him off and on and in that connection, they used to raid the house of the detenu. The father of the detenu Gurbachan Singh was also killed by some unknown persons on 7.2.1992 and the family had an apprehension that the same was got done at the hands of the State Agency. Maheshinder Singh left the country and is settled in Canada where he was granted refuge by the Govt. of Canada. On 18.5.1993, cousins of the detenu Harinder Singh, Gurmail Singh and Sukhdev Singh were taken into custody by Inspector Sarup Singh of CIA Staff, Bhawanigrh. They were released after about one week. These persons were picked up because they were related with Palwinder Singh. Feeling apprehensive that he might be picked up by the police Palwinder Singh along with his friend Mota Singh, stayed for one night in the house of Amandeep Singh, a practising lawyer at Sangrur, who was a close friend of Palwinder Singh. It is alleged by the petitioner that on 19.5.1993, the detenu went to Avtar Singh, his colleague, and both met Gurdeep Singh Pannu, DSP, so that the detenu could be produced before the SSP, Sangrur. The SSP was not available, therefore, the detenu and Avtar Singh went to meet their common friend Joga Singh, Assistant Superintendent in Sangrur Jail. Ultimately, the detenu appeared before the SSP, Sangrur for interrogation. The matter was also brought to the notice of Amandeep Singh, Advocate, that the alleged detenu Palwinder Singh had appeared before the SSP for interrogation. Since then, the whereabouts of Palwinder Singh are not known. The detenu was last time handed over to the police and, in these circumstances, the police is bound to produce him. In case the police does not produce Palwinder Singh, the matter should be handed over to the CBI. On these main averments, the petitioner has sought the directions of this court.

(3.) ON merits, the stand of the respondents is that Palwinder Singh never appeared before the SSP as alleged. Maheshinder Singh was wanted by the police and extradition proceedings were initiated. Maheshinder Singh was a terrorist belonging to the Khalistan Liberation Force/Dashmesh regiment and he was wanted in the famous murder case of Sant Harchand Singh Longowal. FIR 98 dated 20.8.1985, Police Station Sher Pur was registered against him. Maheshinder Singh was declared Proclaimed Offender on 12.12.1985 as he left the country on the basis of an illegal passport. Other persons were challaned by the CBI. Gurbachan Singh, father of Maheshinder Singh was murdered in inter-gang terrorist rivalry by the other terrorists; namely, Yadwinder Singh and Gurtej Singh due to the dispute over sharing the funds collected by Maheshinder Singh for illegal acts. Separate FIR No. 23 was registered on 28.2.1992 in Police Station, Bhawanigarh. Palwinder Singh was also harbouring terrorists and on that account FIR 38 dated 20.5.1993 was registered u/s 212/216, IPC. He was declared a Proclaimed Offender vide order dated 25.10.1994. It is stated by the respondents that the allegations of the petitioner are merely a figment of imagination. Avtar Singh never contacted the SSP, Sangrur. Palwinder Singh never met Gurdeep Singh Pannu, DSP (Detective), Sangrur or Jasminder Singh, the then, SSP Sangrur on 19.5.1993 as alleged. Palwinder Singh was never kept in the office of the SSP, Sangrur. Nobody ever approached the SSP, Sangrur, with regard to the alleged detention of Palwinder Singh in May, 1993. Some preliminary investigation was also conducted on the basis of some complaint and during the course of investigation, Sarvshri Buta Singh, Ex-Member of Parliament, Sukhdev Singh and Joginder Singh Mann, Ex-Minister, were associated and they gave their affidavits from which the allegations of the complaint were not fortified. It was categorically stated by the respondents that Palwinder Singh was never in the custody of Jasminder Singh and no conversation as alleged took place with Anil Kumar Sharma, who was the successor of Jasminder Singh, SSP. The police of district Sangrur, wanted to arrest Palwinder Singh, who was declared a Proclaimed Offender. A criminal case was registered against him u/s 212/216, IPC. By denying the main averments, the respondents pray for the dismissal of the petition.