PREM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PREM Singh son of Bawa Singh, resident of Village Mugho Sohi, filed petition under Article 226 of the Constitution of India read with Section 482, Cr.P.C., for issuance of a writ of Habeas Corpus for the production of Bhupinder Kaur wife of Jagdish Singh, who is the daughter of the petitioner. It was further prayed by the petitioner that a judicial enquiry may also be got conducted either from the District and Sessions Judge, Amritsar, or from any other independent agency like C.B.I. with regard to the alleged abduction of Jagdish Singh alias Deesha, husband of Bhupinder Kaur. It was further alleged by the petitioner that his daughter Bhupinder Kaur and his son-in-law Jagdish Singh have been allegedly killed by the police by showing a false encounter. I need not incorporate in detail the allegations levelled by the petitioner in he main writ petition but suffice to say that the allegations regarding the alleged kidnapping of Bhupinder Kaur and her husband Jagdish Singh have been denied by the State, which has come with a plea that Jagdish Singh alias Deesha, in fact, has been killed in an encounter with the police as he was wanted in several F.I.Rs.

(2.) HON 'ble Mr. Justice P.K. Jain, vide order dated 30.10.1996, was pleased to pass the following order :-

(3.) A reading of para-2 of the enquiry report would show that it is the allegation of the petitioner that he is the father of Bhupinder Kaur, who was married with Jagdish Singh alias Deesha in the year 1991. She, at the time of marriage, was about 23 years of age and had completed her training as a Nurse. Jagdish Singh alias Deesha was an Ex-serviceman. At the time of marriage, he had left the Army service and was cultivating the land in the village. On 9.6.1993, Dilbagh Singh, S.H.O. of Police Station Kathunangal and A.S.I. Amrik Singh raided the tubewell of the petitioner. He was taken to the police station and was tortured. His legs were extended outwards and a roller was applied on his thighs. Paramjit Singh Gill, the then S.S.P. Majitha, personally supervised the torture done by S.H.O. Dilbagh Singh and A.S.I. Amrik Singh. On 11.6.1993, he was taken to his village at about 10 A.M. and he alongwith his wife was brought to the police station. She was also given beating. Her hair were pulled. The police officials enquired about their son-in-law Jagdish Singh alias Deesha and daughter Bhupinder Kaur and they were unaware of their whereabouts. They could not disclose anything. On 22.6.1993 Harpreet Singh alias Happy the brother's son of Jagdish Singh, who at that time was of 9 years of age was also picked up by the police and on being tortured he had disclosed that Jagdish Singh alias Deesha and Bhupinder Kaur had gone to visit Gurdwara Manikaran in Himachal Pardesh. On 23.6.1993, the petitioner and Harpreet Singh were taken by the police in a Mini Truck by A.S.I. Amrik Singh and H.C. Sukha Singh to Manikaran. They reached there in the evening. At about 2 A.M., they both were made to knock at the door of the room where Jagdish Singh alias Deesha and Bhupinder Kaur were sleeping. The door was opened by them. The police brought them along with the petitioner and Harpreet Singh to the Police Station on 25.6.1993 at about 3 PM. At the police station, Jagdish Singh alias Deesha and Bhupinder Kaur were badly tortured and the petitioner was lodged in a nearby room. He heard cries of his son-in-law and daughter. On 26.6.1993, the police party headed by S.H.O. Dilbagh Singh forcibly made Jagdish Singh alias Deesha and Bhupinder Kaur to board a truck to take them to Mall Mandi which is a known torture centre of Amritsar Police. Bhupinder Kaur cried loudly for help but to no effect. The petitioner was hearing on the wireless set installed at the police station about the couple being taken for encounter. He heard reports of the shots fired. Later on, he was informed that his son-in-law had been killed in an encounter and his daughter was kept in custody and was to be released later on. In the News Paper of 28.6.1993, the news appeared that encounter had taken place near village Begowal in which hardcore militant Jagdish Singh alias Deesha was killed. On 28.6.1993 the petitioner and Harpreet Singh were released from the police station but the whereabouts of Bhupinder Kaur could not be told. It has been further alleged by the petitioner that at the time of alleged kidnapping of Bhupinder Kaur, she had conceived a child of three months in her womb. On the above broad allegations, the inquiry was conducted.