- (1.) Special leave granted.
(2.) This appeal is a sequel to an unfortunate occurrence dated January 25, 1993, wherein Kulwant Singh, Advocate, practising at the District Courts, Ropar, his wife and a child aged about two years were alleged to have been abducted and murdered. The lawyer fraternity in general and the advocates practising at the High Court and the District Courts in the States of Punjab, Haryana and the Union Territory of Chandigarh were not satisfied with the police investigation. The Punjab and Haryana High Court Bar Association (Bar Association) demanded a judicial enquiry into the occurrence by a sitting Judge of the High Court or a District Judge or a Vigilance Judge belonging to the higher Judiciary. Their demand, having not been accessed to by the State Government the Bar Association went on indefinite strike with effect from February 6, 1993. Later on, the District Bar Associations in the States of Punjab, Haryana and the Union Territory of Chandigarh also went on strike thereby stopping the functioning of the Courts throughout the jurisdiction of the Punjab and Haryana High Court. An action committee formed by the Bar Association held an enquiry into the matter and submitted its report on February 14, 1993. the report is reproduced hereunder:- "REPORT OF THE KILLING OF MR. KULWANT SINGH, ADVOCATE, HIS WIFE AND TWO YEARS OLD SON. Bar Association of Punjab and Haryana High Court formed an "Action Committee" for the release of Mr. Kulwant Singh, Advocate, his wife and two years old son, who were alleged to have been abducted.' detained by the Ropar Police on 25th Jan. 1993. The brief facts regarding detention/ abduction of Mr. Kulwant Singh, Advocate and his family and child Mr. Kulwant Singh was trying for the release of one Mrs. Manjit Kaur and her minor son who were being illegally detained by Ropar Police. Manjit Kaur belonged to the village Budha Bora and Mr. Kulwant Singh also belonged to the same village. The Panchayat of said village had requested Mr. Kulwant Singh, Advocate to get Manjit and her son released from illegal custody of the police. On 25th Jan. 1993 at about 9.25 P.M. Mr. Kulwant Singh rang up the police station to check up whether Manjit Kaur and her minor son had been released or not. He was told that two had been released and he could come and take them as the police wanted to hand them over to some responsible person. As a lady was to be brought, Mr. Kulwant Singh told his wife to accompany to the police station. There was no one to look after the child as Mr. Jagir Singh, Kulwant Singh's father was only one left behind in the house and as such the child was also taken along with by Mr. Kulwant Singh to the police station. Mr. Kulwant Singh and his family left for the police station, Ropar at about 9.30 P.M. in their maruti car and have not been heard of since then. Mr. Jagir Singh, father of Mr. Kulwant Singh, met the President of the Ropar District Bar Association and informed him about the whole thing. The two then contacted the S. H.O. Police Station Ropar and also D. S. P. Ropar. Mr. Jagir Singh then met the S. S. P. The S. S. P. told Mr. Jagir Singh that Mr. Kulwant Singh is not in the custody of Ropar Police and that he may have been taken away by police of some other District. That five members led by Convener of Action Committee visited Ropar on 4th Feb. 1993 and met the members of the local Bar Association. They then met the Deputy Commissioner, Ropar at his residence and told him about their concern regarding Mr. Kulwant Singh and his Family. The D. C. told the Action Committee members that he had checked up with the local police and that Mr. Kulwant Singh and his family have not been picked up by the Ropar Police. The Police has nothing against him as he is not involved in any crime. He said that the police sent wireless messages all over Punjab and that some information regarding Mr. Kulwant Singh and his family will come soon. The Action Committee members then met the S. P. Operation Ropar as the S.S.P. was not there. The S.P. told the Action Committee that he had never heard of Mr. Kulwant Singh and the Ropar Police had nothing against him, and neither he is wanted by the Ropar Police. On 5th Feb. 1993 the Action Committee members met the Chief Minister, Punjab in the morning. The Chief Minister also told them that he will enquire into the whereabouts of Mr. Kulwant Singh and that the Action Committee may contact him on 9th Feb. 1993. The High Court Bar went on strike the same day. On 6th of Feb. 1993, the Action Committee met the S. S. P. Ropar. The S.S.P. told the members that Mr. Kulwant Singh is not in the custody of Ropar Police. However, he said that one Lucky a known terrorist and another Lucky, son of Manjit Kaur surrendered before the Police at Patiala and Ropar respectively and that the interrogation of both is on. He also assured the members that.....some thing.....will inform the members about it. On 7th Feb. 1993, Sh. Navkiran Singh the member of the Action Committee was told by S.S.P. on telephone that Mr. Kulwant Singh and his wife and two year old son have been killed and that he will give the details tomorrow morning. On 8th Feb. 1993, the S.S.P. informed the President of the Bar that Lucky had confessed that Mr. Kulwant Singh and his family have been killed by him and one Surjit Singh, as both wanted to surrender before the police and Mr. Kulwant Singh was against it because he thought that the surrender would expose him. The police story as told by the S.S.P. is unbelievable. There are glaring loopholes which cannot be plugged easily. The dead bodies of the three have not been found till date. The car has been recovered but its stereo, stepnee and its number plate are missing. It is for the first time in the history of Punjab terrorism that the terrorists have tried to hide their crime by picking and throwing the dead bodies in the canal. The terrorists would not have removed the stereo and stepnee and thrown the car in the canal. The very purpose of terrorist crime is defeated if the crime is hidden, because the motive behind the terrorist crime is to terrorise. It is pertinent to mention here that the culprits surrendered before the police on the same day after the High Court Bar raised a hue and cry about the whereabouts of Mr. Kulwant Singh and his family. It is rather strange that the same police which was declaring on the roof tops that they have nothing against Mr. Kulwant Singh is now claiming in the same breath that Mr. Kulwant Singh was the kingpin and that he wanted to kill Beant Singh in the near future and also blast Ropar Thermal Plant. The substantial evidence goes to prove that Ropar Police is responsible for the brutal killing of Mr. Kulwant Singh, his wife and his two years old son. Sd/- ACTION COMMITTEE KULWANT SINGH MURDER CASE. 1. Gian Chand Dhuriwala, Convener. 2. Ajay Pal Singh. Secretary. MEMBERS Ranjan Lakhanpal, Puran Singh Hundal, Amar Singh Chahal, H.S. Gill, Rajvinder Singh Bains, Harbhajan Singh, Navkiran Singh, J. C. Verma, Surinder Lamba, R. S. Tacoria and K. C. Azad. Chandigarh, 14 February, 1993."
(3.) The statement of Harpreet Singh alias Lucky, son of Gurmeet Singh Saini, aged 20 years was recorded by Shri Sohan Lal, Superintendent, Police Headquarter, Ropar on February 14, 1993. It would be useful to reproduce the said statement hereunder:------- "Statement of Harpreet Singh @ Lucky s/o. Gurmeet Singh Saini aged 20 years in connection with regard to case FIR No. 10 dated 8-2-93 under sections 364/302/201, IPC and 3/4/5 of T.A.D.A. (P) Act Police Station Rup Nagar District Ropar. I reside in village Bahadurpur. We two brothers and one sister and my parents are alive. I studied up to primary at my village Bahadurpur and after doing 10th class from Government High School, Village Lodhi Majra I passed 10 + 1 from D. A. V. Public School Ropar and then I did two years course in turner from I. T. I. While studying at village Lodhi Majra I became friend of Kulbir Singh r/o Ghanauli and Kuldip Singh r/o Lodhi Majra. Kulbir Singh of village Ghanauli is running a shop of repairing and selling watches at village Nuhon. Kulbir Singh got him introduced Kulwant Singh Saini, a lawyer of Ropar. Kulwant Singh Saini, Advocate thereafter got him introduced to one Gurmeet Singh militant of K.L.F. (Khalistan Liberation Force) outfit. About 11/2 months ago I, Kuldip Singh r/o Lodhi Majra, Surjit Singh of Attari, Gurmeet Singh Chhota Fauji, Kulbir Singh of Ghanauli and Kulwant Singh Saini, Advocate conspired to kill Chief Minister of Punjab by getting explosive in a truck and by exploding the same truck on the road side. Thermal Plant of Ropar was decided to explode with a bomb and it was decided to commit mass killing of people belonging to particular community at Ropar and Ghanauli. Since before this and Surjit Singh of Attari had committed murder of Comrade Ram Murti with bullets and police had come to know about this thereafter police had started visiting my house in my search. Myself and Surjit Singh went to the house of Kulwant Singh, Advocate and told him that we wanted to surrender before the police, Kulwant Singh, Advocate replied that "you would not surrender." He said "if you would surrender the entire people would be unfolded and neither Thermal Plant could be exploded nor the Chief Minister could be eliminated. Nor people of one community would also be killed. He also stated that if we surrendered then we (myself and Surjit Singh) along with our families would be got killed from militants. He also stated that "you would not go out of militants organization." I and Surjit Singh conspired and thereafter summoned Kulwant Singh to Bela Chowk on the pretext of holding community. Kulwant Singh Saini Advocate along with his wife and children came in a maruti car on the fixed time. I and Surjit Singh sat in his car and took him to floating restaurant at Sihhand on the pretext of holding community. On having occasion we killed Kulwant Singh, Advocate, his wife and kid with bullets and thereafter dead bodies along with car were thrown in Bhakhra canal. After few days I disclosed this fact to Avtar Singh Nambardar to produce him before the police. I have got recovered the car of Kulwant Singh after disclosing the place of occurrence to the police. R.O. and A.C. Sd/ - Sd / - Harpreet Singh (Sohan Lal) Supdt. of Police Headquarter, Ropar 14-2-93 I verified that accused Harpreet Singh alias Lucky son of Gurmit Singh Saini r/o Bahadurpur district Rupnagar has made above confessional statement in my presence which he has made with free will. Whatever Harpreet Singh stated only that has been recorded. Sd / - (Sohan Lal) Supdt. of Police Rupnagar." ;