Netar Singh vs State of Punjab

V.K. Bali, J.

Netar Singh through present petition filed by him under Article 226 of the Constitution of India seeks issuance of appropriate writ or direction to the respondents directing them to produce Satnam Singh in this Court and release him from their illegal custody.

Notice of this petition was issued and both the respondents i.e. State of Punjab and Union Territory, Chandigarh, have filed reply. It is made out from the reply filed by respondent No. 2 through Inspector Ashwani Kumar, Station House Officer, Police Station Sector36, Chandigarh, that brother of Satnam Singh made a statement on 5.12.1994 which runs as under :

"At 8.40 a.m., it is recorded that Shri Jatinder Singh alongwith Satinder Singh son of Sarwan Singh r/o House No. 2784, Sector37/C, Chandigarh came to the Police Station and stated that I am working as a Technician in Indian Telephone Industries, Jammu. We are four brothers. The eldest is Satnam Singh, who lives in House No. 605, Sector 3, Nanak Nagar, Jammu and practices as an Advocate in Jammu High Court. On 31.10.1994 in connection with some work, he started from Jammu by bus and reached House No. 3304, Sector 35B at 5 a.m. on 1st November, 1994, whereby maternal uncle Shri Sadhu Singh is living. Thereafter, after 2 hours, a Maruti van came with two Sikh gentlemen and they talked to my brother. My brother asked one of them to go to house No. 3304, Sector 35 and collect his brief case. Thereafter, my brother accompanied these persons in the van. He did not tell us or my maternal uncle anything. He has not returned till now, neither have we received any information about him. In order to search for my brother, I came to Chandigarh from Jammu. Earlier to me, my younger brother Rajinder had also come to look for my brother Satnam. He has not reached Jammu till now. The No. of the Maruti van could not be traced. The names of the persons who had come in the Maruti van are also not known. I have searched for my brother in the Gurdwaras at Amritsar and other places, but I could not trace my brother. His description is as follows :

Age 32 years, height 5''8", fair complexion, grown beard, scar mark on the forehead, medium built, white turban, the colour of the clothes is not known. He had a grey colour suitcase in his hand. I have heard the statement, it is correct."

It is further pleaded in the reply that on receipt of the information aforesaid, all out efforts were made to trace the missing person.

After hearing learned counsel for the parties and going through the records of the case, this Court is of the considered opinion that after the police at Chandigarh, to which the information aforesaid was given, had come to know that the son of petitioner was missing, a case ought to have been registered and proper investigations made. Even though, initially it might have appeared to the police Tat Satnam Singh son of petitioner, had voluntarily gone with two unknown persons but the very fact that he is missing since then, should have been a sufficient reason to raise suspicion of some foul play. That being so, it is ordered that respondent No. 2 would register a case on the information quoted above and, investigate the matter.

Disposed of accordingly.