Bachan Singh vs State of Punjab

K.S. Kumaran, J.

Both these writ petitions i.e. Cr.W.P. Nos. 1801A and 1803 of 1996 relate to the alleged illegal detention of three persons by names Paramjit Singh Jandu, Dr. Sukhpal Singh and Ramesh Kumar Saini and certain matters connected with it. Therefore, both these writ petitions have been heard together and are being disposed of by this common order.

Bachan Singh, the father of Paramjit Singh Jandu has filed Cr.W.P. No. 1801A of 1996 for the production of the three alleged detainees, for setting them at liberty and for a direction to hold enquiry regarding the alleged illegal detention and extortion of money etc. Gurpreet Singh, the brother of Dr. Sukhpal Singh has filed Cr.W.P. No. 1803 of 1996 making a similar prayer for causing the production of the above said three alleged detainees, for summoning records of the case in F.I.R. No. 97 of 1996 of Police Station Bassi Pathana, District Fetehgarh Sahib and also the record relating to the recovery of more than Rs. 8 lacs from ASI Sarwan Singh and others of Chandigarh Police, from Inspector P.K. Dhawan for directing an enquiry regarding the alleged illegal detention of the above said three alleged detainees and also into the extortion, recovery etc. of lakhs of rupees by the Chandigarh and Punjab Police, and also for transferring the above mentioned cases from the Chandigarh Police and the Punjab Police to another agency for investigation.

According to the petitionerBachan Singh (in Cr.W.P. No. 1801A/96), Paramjit Singh Jandu, who is the ChairmancumDirector of Education, Sports, Culture and Human Resources Development, an organisation aided by the Government of India, and Dr. Sukhpal Singh and Ramesh Kumar Saini, who are working as Advisors to the above said organisation were taken by a police party headed by the S.H.O., Police Station WadaliAlla Singh, District FatehgarhSahib on 21.12.1996 at about 4 p.m. and ever since, they are being kept in illegal custody by him either at the premises of Police Station at WadaliAlla Singh or are being shifted from one place to other secretly, without any accusation against them. He has further alleged that three vehicles belonging to the family of the petitioner have also been taken by the police of the said police station apart from taking the car of Dr. Sukhpal Singh. The petitioner has alleged that these cars are being misused. According to this petitioner, a sum of Rs. 17.50 lacs has been taken away by extortion from House No. 1597, Sector 36, Chandigarh by the police party headed by the second respondent apart from forcing Paramjit Singh Jandu to pay Rs. 5 lacs to N.S. Lehal, who was used by the police as an instrument for procuring false complaints.

Criminal W.P. No. 1801A of 1996 was presented into this Court on 26.12.1996 and on the same day, this Court directed the appointment of Warrant Officer with a roving writ to search for the detainees and to set them free if they were found in illegal custody. Notice was also ordered to the respondents in that petition, namely the State of Punjab and the S.H.O., Police Station, WadaliAlla Singh.

In pursuance of this order, the Warrant Officer visited the Police Station, WadaliAlla Singh on the same day but the alleged detenus were not found. The report shows that Ramandeep Singh, SI/SHO of Police Station WadaliAlla Singh had informed the Warrant Officer that FIR No. 97 of 1996 under sections 420, 467 and 17 I.P.C. stood registered against Paramjit Singh Jandu, that he was investigating the case and that the detainees were yet to be arrested. The Warrant Officer had also found an entry regarding the aforesaid F.I.R. in the Daily Diary Register dated 18.12.1996. The report further shows that on 27.12.1996, the Warrant Officer had visited Police Station Bassi Pathana and once again Police Station WadaliAlla Singh. On 29.12.1996, the Warrant Officer visited once again Police Station WadaliAlla Singh, CIA Staff, Sirhind, Police Station Fatehgarh Sahib and Police Station, Bassi Pathana. On 30.12.1996, the Warrant Officer once again visited Police Station Fatehgarh Sahib. He did not find the alleged detainees in any of the police stations. Accordingly, the Warrant Officer submitted a report to this Court in Criminal W.P. No. 1801A of 1996.

The respondents in Criminal W.P. No. 1801A of 1996 filed a reply through the affidavit of Balwinder Singh, D.S.P., Bassi Pathana alleging therein that the writ petition had become infructuous since Paramjit Singh Jandu, Dr. Sukhpal Singh and Ramesh Kumar were arrested by Fatehgarh Sahib Police and are in judicial custody. He has also alleged that F.I.R. No. 97 of 1996 dated 18.12.1996 has been registered at Police Station, Bassi on the affidavit of Ajay Bains making Allegations that Paramjit Singh Jandu had received Rs. 55,000/ for getting a job in his Department, that he had performed duty under the directions of Jandu. It has further been alleged that on investigation, it has been found that Paramjit Singh Jandu is not the ChairmancumDirector of Education, Sports, Culture and Human Resources Development, that there is no such Department under the Government of India, that Jandu is the self appointed ChairmancumDirector of his own creation, and that the Government of India has neither recognised nor aided such an organisation. It has further been alleged that Jandu along with Sukhpal Singh and Ramesh Kumar Saini was deceiving/cheating the youth of Punjab by calling them for the jobs after receiving huge amount from innocent persons, and that they have collected lakhs of rupees.

According to these respondents, the S.H.O., Police Station, WadaliAlla Singh obtained a search warrant for searching the residence of Paramjit Singh Jandu from Judicial Magistrate 1st Class, Fatehgarh Sahib on 24.12.1996, searched the residence of Shri Jandu in the presence of the Chandigarh Police, petitionerBachan Singh, Natha Singh alias Nirmal Singh the Sub Inspector S.P.S. Sondhi of Police Station, Sector 36D, Chandigarh, Inspector Karnail Singh, Police Station, Sirhind and prepared a Fard (memo) regarding the recovery at the spot, which has been attested by the petitioner Bachan Singh also. The petitioner has concealed all these facts.

It has further been alleged in the reply that on 4.1.1997 at about 8 p.m., D.S.P. Balwinder Singh on a secret information, directed the S.H.O., Khamano to arrange a ''Naka'' on the G.T. Road at Sanghol, The S.H.O., WadaliAlla Singh also reached there with his subordinates. A white Ambassador car bearing No. PB025555 with a red light on its roof was found coming and signalled by Ramandeep Singh to stop. The car which initially slowed down, then after crossing the ''Naka'' limit, speeded fast. Ramandeep Singh, with the help of other police officers, stopped the car and ascertained from the driver his name as Paramjit Singh Jandu and the others as Ramesh Kumar Saini, Dr. Sukhpal Singh and Naranjan Singh Lehal. They were informed that they were wanted in F.I.R. No. 97 dated 18.12.1996 of Police Station, Bassi Pathana and were arrested. Their person and the car were searched and Rs. 13,05,000/ of Indian currency notes and the other documents were found and the necessary documents were prepared. It has further been alleged in the reply that on 5.1.1997, these accused were produced before the learned Magistrate in the above said F.I.R. and the learned Magistrate granted police remand, and that after the expiry of the police remand, these persons were sent to judicial custody.

Now I will come to Criminal Writ Petition No. 1803 of 1996. As pointed out already, this petition has been filed by Gurpreet Singh, the brother of Sukhpal Singh. After making reference to the petition filed by Bachan Singh, this petitioner has alleged that though the Warrant Officer visited different places, the whereabouts of the detainees are not known since they have been detained in some secret place. It has further been alleged that Chandigarh Police is giving out that the above said three alleged detainees are with the Punjab Police, whereas the Punjab Police is taking a stand that the detainees are with the Chandigarh Police. This petitioner has also alleged that the S.S.P., Chandigarh has released a news item to the press, which appeared in the newspapers on 28.12.1996, regarding the recovery of Rs. 7.76 lacs from three police personnel of their police, and that the taking of the money by the said police personnel came to light on the nabbing of Paramjit Singh Jandu by Punjab Police. The petitioner has alleged that inspite of this, these detainees have not been produced in Court. According to this petitioner, the detainees have been made to part with the huge amount of money to some persons like N.S. Lehal at the instance of the police, and that the police have extorted money on different occasions. According to the petitioner, in view of long detention of three persons, recoveries of the amounts from the Chandigarh Police personnel, the investigation of the case by the Punjab Police and the Chandigarh Police has caused injustice to the detainees.

This petition was filed on 31.12.1996 and on the same day, this Court appointed a Warrant Officer for searching and securing the release of the alleged detainees. The Warrant Officer appointed in this case has also filed a report wherein he has stated that on the same day he visited the C.I.A. Staff, Sector 11, Chandigarh, but did not find the alleged detainees. He also made an entry in the Roznamcha which showed no entry with regard to the detention of the alleged detainees. The report of the Warrant Officer also shows that on 1.1.1997, he visited Police Station WadaliAlla Singh District Fatehgarh Sahib, but did not find the alleged detaines and no entry was also found regarding their detention. The Warrant Officer visited Police Station Bassi Pathana, where there was a Daily Diary Report dated 18.12.1996 regarding the registration of F.I.R. No. 97 dated 18.12.1996 against the alleged detainees,

To this petition also, Balwinder Singh, D.S.P. (Bassi Pathana) has filed a reply on behalf of respondents No. 1 and 3 similar to the reply filed to Cr.W.P. No. 1801A of 1996.

P.K. Dhawan, Inspector/In charge of CIA Staff, Sector 11, Chandigarh who is the 4th respondent, has filed a separate reply and has alleged that the FIR No. (sic) dated 3.1.1997 under Sections 420, 467, 468 and 170 IPC was registered against Paramjit Singh Jandu and Ramesh Kumar, and that the investigation has been handed over to CIA Staff. It has been alleged that since it was learnt that the said Paramjit Singh and Ramesh Kumar were in the custody of Punjab Police at Fatehgarh Sahib, their production warrants were sought for from the C.J.M., Chandigarh who granted the same on 16.1.1997. These two persons who were produced before the C.J.M. were remanded to police custody upto 20.1.1997. On 20.1.1997, they were once again produced before the Duty Magistrate Chandigarh who remanded them to police custody upto 21.1.1997. On 21.1.1997 the Duty Magistrate remanded them to judicial custody. In the reply, it has been alleged that Paramjit Singh is the prime accused in ten cases listed in the reply and that these two persons are not in illegal detention. It has been alleged that Sukhpal Singh, the brother of the petitioner is neither in the custody of the CIA Staff, nor his whereabouts are known to the fourth respondent.

I have heard the counsel for both the sides.

The specific case put forth by Bachan Singh (petitioner in Criminal W. P. No. 1801 of 1996) is that Paramjit Singh Jandu, Dr. Sukhpal Singh and Ramesh Kumar Saini were taken by a police party headed by the S.H.O., WadaliAlla Singh, District Fatehgarh 21.12.1996, and they were being kept in illegal custody (without any accusation against them) in the above said police station or they were being shifted from one place to another secretly. It has further been alleged that a sum of Rs. 17.50 lacs was taken away by extortion from House No. 1597, Section 36, Chandigarh by the police party headed by the above said S.H.O. According to this petitioner, Paramjit Singh Jandu was forced to pay Rs. 5 lacs to N.S. Lehal, who, according to the petitionerBachan Singh, was used as an instrument for procuring false complaints. In Criminal W.P. 1803 of 1996 filed by Gurpreet Singh, it has been specifically alleged in paragraph2 of the petition that the S.S.P., Chandigarh released a news item to the press, which appeared in the newspapers on 28.12.1996 about the recovery of Rs. 7.76 lacs from three police personnel and also that the fact that these policemen had taken the money, came to light, on the arrest of Paramjit Singh Jandu by the Punjab Police.

As pointed out already, the contention of the, Respondents is that, though a case had been registered against the alleged detainees in the F.I.R, No. 97 of 1996 dated 18.12.1906 of Police Station, Bassi Pathana, these persons were arrested only on 4.1.1997. According to the D.S.P. who has filed reply affidavit, on 4.1.1997, on a secret information. the S.H.O., Kamano held a naka on the G.T. road at Sanghol, that the S.H.O., Police Station WadaliAlla Singh had also reached there, and that the alleged detainee''s who were coming in a car were stopped and arrested. The D.S.P. has also alleged that their person and the car were searched yielding Rs. 13,05,000/ of Indian currency. Therefore, according to the respondentpolice, the alleged, detainees were arrested only on 4.1.1997, whereas the specific allegation in Criminal W.P. No 1803 of 1996 is that the, S.S.P. Chandigarh had released a news item which appeared in the newspapers on 23.12.1996 itself, that Rs. 7.76 lacs had been recovered from three police personnel on 28.12.1996 and the fact that these police personnel had received this amount, came to light on the arrest of Paramjit Singh Jandu. The petitioner has even filed photocopies of the two of the newspapers reports. Though the S.S.P, U.T. Chandigarh is the second respondent in Criminal W.P. No. 1803 of 1996, he has not filed any reply denying this. The Deputy Superintendent of Police, Bassi Pathana who has filed a reply on behalf of respondents 1 and 3 to that petition (namely, the S.S.P., Fatehgarh Sahib and the S.H.O., WadaliAlla Singh), has also not specifically denied this allegation. Therefore, the learned counsel for the petitioner contends that the allegation that the detainees were arrested on 4.1.1997, is not correct. I am also of the view that there is substance in this contention of the learned counsel for the petitioner and, therefore, I am of the opinion that an enquiry should be conducted regarding the arrest. and alleged detention of these three alleged detainees, the recovery of money from them and the alleged extortion of money by the police. The District Judge, Chandigarh will enquire into the detention of the alleged detainees, the recovery of money from them, the alleged taking of the cars, and also about the alleged extortion of money by the police from these persons.

In the result, the District Judge, Chandigarh is directed to enquire into the alleged detention of the detainees Paramjit Singh Jandu. Dr. Sukhpal Singh and Ramesh Kumar Saini, the alleged recovery of money from them as also the alleged extortion of money by the police from them. The District Judge will also enquire into the alleged taking of the cars and their misuse by the police. The District Judge will complete the enquiry within four months and submit his report to this Court on or before 1.5.1998.

List these petitions on 8.5.1998.