NIRMAL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) NIRMAL Kumar son of Hans Raj, r/o H. No. B-III/53, Street No. 3, Near Clock Tower, Faridkot, appeared in person on 5.5.1998 before Hon'ble Mr. Justice Swatanter Kumar, Judge, camp at Faridakot, and submitted his affidavit. Affidavit of Nirmal Kumar was ordered to be treated as Crl. Misc. Petition on judicial side.

(2.) NOTICE to the State was issued returnable on 15.5.1998, with a direction that it be listed before him on the date fixed subject to the appropriate orders of Hon'ble the Chief Justice. On 15.5.1998, Mr. Sushant Maini, DAG, Punjab, appeared on behalf of the State. Registry was also directed to provide a counsel as amicus curiae to the petitioner. Mr. Vikas Chatrath, Advocate, was appointed as amicus curiae. Notice was issued to SSP, Faridkot, to dispute an officer of an appropriate rank to assist the State counsel in filing reply. State filed reply by way of affidavit of Jasvir Singh, DSP, Sub Division, Moga. 2. Affidavit of Nirmal Kumar dated 5.5.1998 is to the effect that his son Bhagat Ram @ Bobby, aged about 16 years, was murdered along with Bharpur Singh on the intervening night of 27/28.12.1990 by ASI Mangal Singh and his naka party, after stopping their car. After murdering the innocent boys, ASI Mangal Singh got registered FIR No. 101 dated 28.12.1990, PS Sadar, Moga, with the connivance of other police officials. Telegram was also sent to the Governor, Punjab, along with a petition on 29.12.1990 by the father of Bharpur Singh. A report by human rights activist Dr. Jiwan Jyot appeared in the daily Ajit newspaper dated 5.1.1991 to the effect that after investigation, she is of the opinion that innocent boys were murdered by the police officials. Nirmal Kumar had appeared before the Deputy Commissioner, Faridkot, appointed as Investigating Officer by the Home Department and Punjab Vigilance, but despite complaints, DSP Paramjit Singh under the orders of SSP, Faridkot, forced the wife of Nirmal Kumar to claim compensation of Rs. 20,000/- and Rs. 30,000/-. DSP Bal Kishan Bali and other police officials had also pressurized. Nirmal Kumar to withdraw the complaint against the police officials.

(3.) LEARNED counsel for the petitioner argued that Bharpur Singh and Bhagat Ram in Car. No. DBB-5330 driven by Satnam Singh son of Ajit Singh were returning from Moga side. Police party headed by ASI Mangal Singh was holding a nakabandi near Bus Stand Khukharana. Car was stopped. Occupants of the car requested the police party to check the car, but Bhagat Ram and Bharpur Singh were murdered by the police party. In case terrorists had attacked the police party, then some of the police officials were expected to be injured, but no one from the police party received even simple injury. Story of the police party is to the effect that when the police party headed fully armed came and started firing to eliminate the police party. ASI Mangal Singh through wireless has informed the other naka parties. Police party headed by ASI Jagmail Singh was holding nakabandi at Bus Stand Ghalkalan. Two maruti cars, one of white colour and the second coca cola colour, came from the side of Moga and were signalled to stop, but the car drivers did not stop the vehicles and had gone towards the side where police party headed by ASI Mangal Singh was holding nakabandi. In case car drivers had failed to stop the cars in spite of signal, then police party headed by ASI Jagmail Singh could easily fire to stop the vehicles. Police party headed by ASI Jagmail Singh should have chased the vehicles. In case encounter was going on amongst the terrorists and the police party, then car drivers and other occupants of the cars were not expected to proceed further. Deceased were not armed. Satnam Singh was the driver of the car, but Satnam Singh did not receive any injury. Car was also not damaged. Satnam Singh also filed his affidavit to the effect that story of the prosecution is not correct one. Second car driven by Vijay Kumar was noticed near Talwandi Chowk. Story was concocted that terrorists, who had attacked the police party, were eliminated in the police encounter on cancellation report was submitted. Learned counsel for the petitioner further argued that investigation of the police to find out whether the death of young boys was accidental in the cross firing or they were eliminated without any reason or fault of the deceased.