Manjit Kaur vs State of Punjab

M.L. Singhal, J.

Case FIR No. 29/17.4.1995 under Section 364/34 of the Indian Penal Code of Police Station City, Faridkot is presently being investigated by the police District Faridkot. This case relates to the disappearance of Surjit Singh. Manjit Kaur wife of Surjit Singh, Amarjit Singh son of Ram Singh and Harminder Pal Singh son of Sudarshan Singh feel that the case FIR No. 29/17.4.1995 (ibid) is not being investigated fairly and squarely by the police of District Faridkot, and, therefore, investigation of this case be entrusted to some independent agency so that fair and impartial investigation is ensured. Smt. Manjit Kaur claims that she is the wife of Surjit Singh. On 26.2.1995 she appeared in Police Station City, Faridkot alongwith one Gurdip Singh son of Sunder Singh R/o of village Pakhi Kalan and informed that her husband Surjit Singh was commuting daily to Kotkapura where he was posted as teacher in Government Senior Secondary School. She is posted as teacher in Balbir Senior Secondary School, Faridkot, and that on 14.2.1995 her husband, Surjit Singh want to school as usual but did not return. They made enquiries about him among relatious and friends and they came to know that 15th of February, 1995 was Holiday and he had submitted station leave on 14.2.195 for 16th, 17th and 18th of February, 1995 on 14.2.95 while leaving the school and his cycle was found at the cyclestand located at bus stand with a slip dated 15.2.1995 affixed on it. Her statement was recorded in DDR of Police Station City, Faridkot against Sl. No. 4 dated 26.2.1995. copy of this Daily Diary report was handed over to ASI Gurmail Singh for investigation. One copy of this report was also given to Smt. Manjit Kaur.

Surjit Singh owns 12 acres of land. Manjit Kaur was previously married to Sudarshan Singh. From this wedlock two children were born to them. Sudarshan Singh expired on 1.10.1981. According to Manjit Kaur, she later on married Surjit Singh. No child, however, was born to them from this wedlock. When she appeared in Police Station City Faridkot on 26.2.1995 she did not suspect anyone of any foul play with regard to disappearance of her husband, Surjit Singh, and, therefore, she did not name anyone as suspect. Shri Gurdev Singh son of Sundar Singh, who is presently posted as Deputy District Attorney, Bhatinda, is the real brother of Surjit Singh. He was apprehensive that she would lay claim to the share of Surjit Singh in the land, and, therefore, to stall her from laying any claim to that land, he in connivance with Gurdip Singh son of Sundar Singh and one Gurmail Singh started harassing her and her son Rubi. He got them summoned time and again in CIA Staff, Faridkot/PS City Faridkot/PS Sadar, Faridkot. He threatened her that she should give up her claim to Surjit Singh''s share of land or else she would be implicated falsely in the murder of Surjit Singh. She and her son Rubi and an employee of the school, namely, Amarjit Singh was detained in PS City Faridkot/PS Sadar Faridkot/CIA Staff, Faridkot and were tortured. They were threatened by Gurmail Singh and Gurdev Singh that in case they lay any claim to the share of Surjit Singh in the land, they would be implicated falsely for the murder of Surjit Singh. Accordingly, Surjit Singh has been made to disappear or murdered by Gurdev Singh and Gurmail Singh in connivance with her sisterinlaw, Surjit Kaur with the intention to devour the share of the land of Surjit Singh. Shri Gurdev Singh''s daughter is married to the son of Shri Gurmail Singh, Superintendent of Police. Shri Gurdev Singh, Shri Gurdip Singh and Shri Gurmail Singh are on a joint venture to gulp 12 acres of Surjit Singh''s share of land. On 16.4.1995 Shri Shivraj Bhushan abducted Amarjit Singh and detained him illegally with the police and he was subjected to inhuman torture. He was let off by the police in consequence of a writ of Habeas Corpus having been filed by one Balwinder Singh, who is the son of ''Masi'' of Amarjit Singh. She and her son were also released by the police after release of Amarjit Singh. She sent many applications to Chief Minister of Punjab, I.G. Crimes, DirectorGeneral of Police, Punjab and D.I.G. Ferozepur. She also appeared before S.S.P., Faridkot but nothing worthwhile happened so far as her request to them is concerned. An anticipatory bail was allowed to her and her son, Rubi in case FIR No. 29 of 1995 (ibid) by Shri K.S. Uppal, Additional Sessions Judge, Faridkot. Likewise, Shri K.S. Uppal, Additional Sessions Jude, Faridkot allowed anticipatory bail to Amarjit Singh also vide order dated 6.7.1995. Despite anticipatory bail having been granted to them all, the police is not relenting and is out to arrest them, saying that they had been allowed anticipatory bail under Section 314 IPC whereas the offence under Section 302 of Indian Penal Code was made out against them. They got anticipatory bail under Section 302 IPC also from the court of Shri N.I.S. Dhaliwal on 10.1.1995. Shri Gurdev Singh got her son, Rubi lifted and thrown in the jeep by the police party whom Shri Gurdev Singh was also accompanying. Her son was detained in CIA Staff, Bathinda. On 10.11.1995 he was released. Amarjit Singh petititoner was lifted by the CIA Staff on 28.11.1995 at about 11 a.m. He was tortured in CIA staff, Faridkot and was threatened time and again that in case he made any statement against the police he would be killed in a stagemanaged encounter. He was threatened time and again to make a statement in the High Court in favour of the police.

Case FIR No. 29/1995 under Section 364/34 IPC was got registered at Police Station City, Faridkot by Shri Gurdip Singh, who is another brother of Surjit Singh and Shri Gurdev Singh. According to them, Manjit Kaur was earlier married to Sudarshan Singh. Sudarshan Singh died. After his death, Manjit Kaur started living with Surjit Singh. Surjit Singh constructed a kothi at Chahal Road, Faridkot with his own income. Manjit Kaur has one son and one daughter from her previous husband, Sudarshan Singh. Surjit Singh has no child of his own. Manjit Kaur was compelling Surjit Singh to transfer his share of land in her name or to her son, Rubi. Surjit Singh was not willing to do so. There used to be quarrels between Surjit Singh and Manjit Kaur as he was not transferring land to her. About 2025 days prior to 17.4.1995 he alongwith Gurcharan Singh son of Thakur Singh R/o Village Pakhi Kalan, came to Faridkot and at about 5 p.m. they met Surjit Singh near cinema and talked for about 45 minutes. Surjit Singh told that he was to go to Chandigarh alongwith Chand Singh. But Chand Singh did not come. So, he dropped the idea of going to Chandigarh and went to his house. He (Gurdip Singh) and Gurcharan Singh also returned to village Pakhi Kalan. 1012 days prior to this incident, Rubi came to him in village Pakhi Kalan on scooter and told him that his father, Surjit Singh, was missing and requested him to lodge a report with the police. He and Rubi went to the house of Surjit Singh where Manjit Kaur also told him that Surjit Singh was missing. Manjit Kaur told him that after the report was lodged with the police, it would be the responsibility of the police to locate/recover the missing person. He lodged the Report at the instance of Manjit Kaur (reference is to Report No. 4 dated 26.2.1995 lodged by Manjit Kaur with regard to missing of her husband, Surjit Singh). On the following day, he alongwith Amar Singh son of Gurdial Singh R/o village Pakhi Kalan went to the house of Surjit Singh. Manjit Kaur and Rubi told that Surjit Singh had gone to Chandigarh for his transfer. He told Manjit Kaur and Rubi that the programme of Surjit Singh going to Chandigarh had ben cancelled. Thereafter Manjit Kaur and Rubi were mum. After some time, they said that a cycle was lying at Bus Stand and that he would return after some time. Thereafter, there was a gathering of village people and Manjit Kaur was taken there with very great difficulty. Her son Rubi also came there. Manjit Kaur again and again stressed in the gathering that the whereabouts of Surjit Singh could be enquired at Chandigarh. After two days, a gathering was again convened and Manjit Kaur was summoned to attend it but she did not come. Gurdip Singh laid suspicion on Manjit Kaur etc. for the disappearance of Surjit Singh. Manjit Kaur was a teacher in Balbir Sr. Secondary School, Faridkot where Amarjit Singh was also serving as a clerk. They developed intimacy with each other. When Surjit Singh came to know of their intimacy, he felt bad about it. Bad blood grew between Surjit Singh and Manjit Kaur. Surjit Singh started drinking and this drinking habit gave rise to greater rift between the two. Manjit Kaur took Amarjit Singh with her to Delhi instead of Surjit Singh, to see of her daughter, Nancy to ''Toronto'' to live with her ''mausi''. Nancy as well as her ''mausi'' wrote letters from Toronto but only to Manjit Kaur. They never made mention of Surjit Singh. Even ''Sat Sri Akal'' was not wished to Surjit Singh in any letter. Amarjit Singh was mentioned in every letter. Surjit Singh took three days'' leave for getting his transfer to Faridkot. Manjit Kaur wanted that he should not be transferred to Faridkot because if he got transferred to Faridkot there would be interruption to their illicit intimacy. According to Gurdip Singh, Manjit Kaur in connivance with her son, Rubi and Amarjit Singh got Surjit Singh abducted from Faridkot with a view to murdering him.

There are these two allegations so far as the disappearance/murder of Surjit Singh is concerned. With regard to disappearance/murder of Surjit Singh, FIR has been registered. According to Manjit Kaur, etc. Shri Gurdev Singh, Deputy District Attorney, Bathinda is well known to the police and he will not allow the police to investigate fairly and squarely. So that investigation of the case of disappearance/murder of Surjit Singh is conducted fairly and squarely, it is desirable that Faridkot police are not entrusted with the investigation of this case. There is to view something also. It is that Shri Gurdev Singh''s daughter is married to the son of Gurmail Singh, Superintendent to Police. Manjit Kaur etc. can have legitimate apprehension that Shri Gurmail Singh, Superintendent of Police, will also try to influence the direction of the investigation.

Despite the denial by the State of Punjab that Shri Gurdev Singh, Deputy District Attorney or Shri Gurmail Singh, Superintendent of Police, has influenced the course of investigation, it is proper that this investigation be entrusted to some independent agency so that there is fair deal so far as the matter relating to the disappearance/murder of Surjit Singh is concerned. In the result this writ petition is accepted and direction is given to the police of District Faridkot to hand over the investigation of the case FIR No. 29/17.4.1995 under Section 364/34 IPC of Police Station City, Faridkot to Additional Director General of Police (Crimes) Punjab, who will entrust the investigation of this case to any officer not below the rank of Superintendent of Police, of his choice. Superintendent of Police shall be appointed by the Additional DirectorGeneral of Police (Crimes) and the investigation of this case will be under the supervision of Additional DirectorGeneral of Police (Crimes).