FAQUIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Dead are also to be respected. It would be against all cannons of a vivilised State to impose stigma on a dead man.

(2.) Balwinder Singh son of the petitioner is dead. He was found hanging from a tree. The factum of death is a hard reality. Whether this was homicidal or suicide is not so. On this matter there is no definite medical opinion. Petitioner, father of the deceased is seeking benefit of Postal Insurance Scheme which insurance cover was availed of by the deceased. He has been denied this amount. He therefore through the medium of this petition seeks quashing of communication No. APS MN 129374 L/D APS 7A dated 20-11-1997 and communication No. APS NM-105682-L/D APS 7A dated 20-2-1998. By this policy No. APS NM-129374-L dated 23-4-1994 for Rs. 30,000.00 and policy No. APS NM-105682-L dated 31-3-1994 for Rs. 20,000.00 respectively have been cancelled.

(3.) Facts are as under : Balwinder Singh, son of petitioner, was enrolled in the Scinde Horse (14 Horse) on 21-10-1993. On 19-9-1995, petitioner received an information that his son is absent without leave from his Unit. One Hav. Dider Singh of the said Unit is said to have visited the house of petitioner on 23-9-1995. He wanted to know the where-abouts of Balwinder Singh. It is further stated that on this very day on 23-9-1995 dead body of Balwinder Singh was found hanging 2 Km away from the village of petitioner. This was in advanced state of decomposition. Chief Medical Officer Vijaypur who conducted the post-mortem was of the opinion that the death was caused by asphyxia.