SOMA WATI Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THIS Civil Writ Petition under Article 226 of the Constitution has been filed by Smt. Soma Wati and Shri Beli Ram Tegta, parents of Jagtinder Singh, who was a Sepoy in Dogra Regiment. According to the Petitioners, the Company Commander, Himachal Scouts informed them that their son was missing from the unit w.e.f. 6 -8 -1985 and his whereabouts were not known. The said Jagtinder Singh at the relevant time was posted at Samdhu in Kinnaur, which is on the border of India -China, According to the Petitioners, being a border area, entry and exit into this area has to be under permit and any person entering or leaving the area has to be recorded in the check posts established by the Government. By the above letter dated 6 -8 -1985, the Petitioners were informed that as their son had run away from the unit without any leave, if he had reached home, he should be sent back to the army unit. The copy of the letter is at Annexure P -1. The father, Petitioner No. 2 visited Samdhu on 21 -10 -1985 to obtain information about his son. The matter was also brought to the notice of the higher authorities, but till date son of the Petitioners Jagtinder Singh is still missing. The police was also informed by filing First Information Report. Hence, the present petition praying, inter alia, to direct the Respondents to investigate the F.I.R. (Annexure P -14) and also for a compensation of Rs. 5 lakhs.

(2.) IN the reply filed on behalf of Respondent Nos. 2 and 4, namely, State of Himachal Pradesh and the Station House Officer, Rohru, it is admitted that the written complaint was filed on 8 -7 -1993 at Rohru Police Station about the missing of the son of the Petitioners. Various steps were taken and the Superintendent of Police, Shimla District was asked to issue lock out notices to all concerned as well as in the neighbouring States. No clue regarding missing person has been found so far. It has also been stated that First Information Report was lodged after a considerable delay.

(3.) HEARD Mr. K.D. Sood, learned Counsel for the Petitioners, Mr. P.A. Sharma, Senior Central Government Standing Counsel and Mr. Inder Singh; learned Advocate General;