SWARAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by Swaran Kaur with a prayer to direct respondents to produce her son Santokh Singh who is allegedly kidnapped by the police. It is contended by the petitioner that respondent No. 2 with a police party of 5-6 persons came to village Jaspal on 31.7.1991 in the evening and raided the house of the petitioner and took Santokh Singh in custody. It is further contended that the petitioner along with Gurnam Singh, Malkiat Singh and other respectables of the village met respondent No. 2 and requested him to release Santokh Singh. He promised to do so by saying that Santokh Singh was being interrogated and would be sent back to his village shortly. It is also contended that the petitioner along with above referred persons and some other persons also met respondents No. 3 and 4 and brought to their notice the factum of arrest of Santokh Singh by respondent No. 2 and requested for his release. When Santokh Singh was not released, despite various applications made by the petitioner, the present petition has been filed.

(2.) REPLY has been filed by Sukhbir Singh, Deputy Superintendent of Police in which the allegations made in the petition are denied. It is contended that respondent No. 2 never conducted any raid at village Jaspal nor any person of the name of Santokh Singh was taken in custody. Respondent No. 2 against whom allegations are made also filed his affidavit and denied the contentions made by the petitioner. I have heard learned counsel for the parties. The prayers made in the petition are as under:

(3.) HENCE , this petition is allowed. It is ordered that CBI shall conduct enquiry regarding the whereabouts of the alleged detenu.