Gurdev Singh vs Senior Superintendent of Police, Jagraon

H.S. Bedi, J. (Oral)

This petition has been filed by Gurdev Singh seeking writ of Habeas Corpus for the production of his two sons namely Iqbal Singh alias Kala and Sukhjinder Singh. The petition arises out of the following facts :

On 4th August, 1992, the petitioner alongwith his two sons Iqbal Singh and Jasbir Singh was taken away from the petitioner''s residence by a police party of District Jagraon headed by respondent No. 3 Sh. Harbhagwan Singh Sodhi, Dy. Superintendent of Police and respondent No. 2 Sh. Kanwaljit Singh, DSP and others police officials. They were taken to the police station and on the same night, Sukhjinder Singh, the third son of the petitioner was also produced before the police. As per the averments in the petition, all the detained persons were tortured till 5th August, 1992 and on the intervening night between 5th August, 1992 and 6th August, 1992, Sukhjinder Singh was taken out of the police station and it was later shown in the News Papers that he had absconded from police custody. The petitioner, however, continued to be in police custody till 16th August, 1992, when he alongwith Jasbir Singh were got released on the intervention of the respectable of the area, whereas Iqbal Singh continued to be detained in the police station, and was also served food and medicines by his relatives while in police custody. After the month of September, 1992, however Iqbal Singh also disappeared. The petitioner, thereafter, made strenuous efforts to locate both Sukhjinder Singh and Iqbal Singh and also submitted a representation to the I.G. of Police on his visit to Manuke on 28th August, 1993, but no reply was received thereto. A representation by registered post was also made to the I.G. of Police (Copy appended as Annexure P1), on which the petitioner was called by the Dy. Supdt. of Police of the concerned area on 10th December, 1994, but again no concrete result followed. Frustrated in his efforts, this petition has been filed seeking the issuance of a writ of habeas corpus to the respondents to produce Iqbal Singh and Sukhjinder Singh in this court. Notice was issued by this Court and separate replied have been filed, one on behalf on respondents No. 1 and 4 and the other by respondent No. 2. The sum and substance of both the replies is that Sukhjinder Singh had been arrested in a case bearing FIR No. 119 dated 5th August, 1992 registered under Section 212/216 of the Indian Penal Code and Sections 4/5 of Explosive Act at Police Station Jagraon and that on a statement made by him, 10 Kgs of explosive had been recovered from him. It has further been stated that on 6th August, 1992, Sub Inspector Ajmer Singh alongwith members of a police party was going to village Doharka with Sukhjinder Singh for the recovery of more explosives but on the way, they were fired at by some extremists and in the resultant exchange of fire, Sukhjinder Singh ran away and that yet another case was registered against him and the other extremists. In both these replies, the positive stand is that Sukhjinder Singh had been taken into custody not by the answering respondents but by Sub Inspector Ajmer Singh.

Mr. P.S. Brar, learned counsel appearing on behalf of the petitioner has urged that on the admitted facts, Sukhjinder Singh had disappeared while in police custody and that the respondents had denied that Iqbal Singh had ever been arrested by them. He also urged that in this situation, it was incumbent on the Inspector General of Police, to whom a representation had been made to conduct a proper enquiry so as to ascertain as to what had happened to Sukhjinder Singh and to Iqbal Singh as to mark the enquiry to the Superintendent of Police, of the area concerned, would hardly inspire confidence in the investigation.

As against this, it has been argued by the learned counsel for the respondents that the enquiry had been made by the Superintendent of Police (Detective), Jagraon District Police and it had been ascertained that there was no merit in the allegations made by the petitioners with regard to the disappearance of his sons.

I have considered the arguments of the learned counsel for the parties and find that prima facie, it appears that no proper enquiry has been made with regard to the disappearance of Sukhjinder Singh and Iqbal Singh, more particularly in the light of the fact that admittedly, Sukhjinder Singh had been arrested by the police. The enquiry if at all made by the Superintendent of Police (Detective), Jagraon District would hardly inspire confidence in the mind of the petitioner.

This petition is, accordingly, disposed of with a direction that the Sessions Judge, Ludhiana, will conduct an enquiry into the matter either himself or mark the same to one of the Additional Sessions Judges so as to find out as to the circumstances which had led the disappearance of Sukhjinder Singh and Iqbal Singh. The enquiry will be completed within six months from the date that the record is made available to the Sessions Judge. The respondents as also Sub Inspector Ajmer Singh are directed to appear before the Sessions Judge, Ludhiana, on 17th June, 1996 at 10 a.m. when further orders will be passed by the Sessions Judge concerned. Record of the case be remitted to the Sessions Judge, by a special messenger. Case to be listed after the enquiry report is received.