GURBACHAN KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRIMINAL Writ Petition No. 220 of 1997 has been filed for issuance of a writ of habeas corpus by the petitioner that her son Gurbaj Singh alias Baja was arrested in case FIR No. 61 dated 22.11.1992 and thereafter he was sent to Security Jail, Nabha and he was allowed interim bail for a period of one month and six days to enable him to appear in the LL.B. Examination from 1st March, 1993 to 6th April, 1993. But in he was taken into custody on 3.3.1993 in case FIR Nos. 85 dated 20.5.1990 and was produced before the Sub Divisional Magistrate, Sunam, who granted police remand and thereafter another case FIR No. 15 dated 5.3.1993 was also registered against him. When the detenu was being taken for the recovery of arms some firing and cross firing took place. According to the police, the detenu escaped and his whereabouts were not known after 5.3.1993. Hence the petitioner filed this petition.

(2.) A reply has been filed. By an order dated 7.1.1998 this Court directed an inquiry by the learned Sessions Judge, Sangrur. In pursuance of the order of this Court, the learned Sessions Judge conducted the inquiry and submitted his report dated 3rd August, 1998. After considering the evidence produced before him by the parties, the learned Sessions Judge, Sangrur recorded his findings that Gurbaj Sigh is dead and is not traceable and that encounter took place on the intervening night of 12/13.3.1998 (12/13.3.1993 ?) in the area of Police Station, Malerkotla, as alleged, and Gurbaj Singh was killed in a fake encounter.

(3.) THE Senior Superintendent of Police, Sangrur has filed a reply on behalf of the State and other respondents contending that the application is not maintainable for grant of compensation at this stage and the findings of the learned Sessions Judge are based on surmises. According to him, the son of the petitioner escaped from police custody and he joined the gang of terrorists and on 13.3.1993 attacked the police party headed by Inspector Bikram Singh and in the said encounter Gurbaj Singh alias Baja was killed for which a case FIR No. 21 dated 13.3.1993 under Sections 224 and 307 read with Section 34 I.P.C. was also registered and, therefore, the petitioner is not entitled to any compensation.