- (1.) This writ petition is under Article 32 of the Constitution of India. The petitioner is a maternal uncle of one Rajinder Saini. The said Rajinder Saini is a political leader of Congress (1. It is stated in the petition that Rajinder Saini became an eyesore to the present Chief Minister of Punjab. As a result, political rivalry arose.
(2.) Rajinder Saini was invited to a dinner by the third respondent. Deputy Inspector General of Police, Ludhiana Range, Ludhiana. At that time he was assaulted. Thereafter he was asked to disappear from the scene as soon as possible. Since then the police has been after Rajinder Saini. In order to coerce the surrender of Rajinder Saini, Daijit Saini alias Mecca and om Prakash brother-in-law of Rajinder Saini were abducted from Railway Station, Pathankot on 9/08/1993. Concerning this incident telegrams were sent to the President of India, chief justice of India, chief justices of the High courts of Delhi at New Delhi and Punjab and Haryana at Chandigarh. But they were of no avail. The sister of the petitioner also sent a letter to the Chief Minister of Punjab but it bore no fruit. Rajinder Saini moved the High court of Delhi at New Delhi for anticipatory bail in one of the cases in which he had been implicated as per disclosure of the offenders under arrest vide FIR No. 311, Police Station Kalkaji, under S. 392, 397, 284 read with Section 34 Indian Penal Code in Delhi. He is on interim bail granted in Criminal Misc. (M) No. 2190 of 1993. It is under these circumstances, the writ petition for habeas corpus has been preferred to direct the respondent to produce Daljeet Saini, son of the petitioner and om Parkash, brother-in-law of the petitioner. On 4/10/1993 this court passed inter alia an order which is extracted below: "On 22/09/1993 upon motion the petition was taken on board and notices were issued to the respondents. Today when the matter was called one of the persons viz. , Daijit Saini appeared before us. He submitted that both the persons so detained had been released on 2/10/1993 at Pathankot. The statement of Daijit Saini was recorded. He is said to be a student of 10th standard and was allegedly taken into custody on 9/08/1993 and kept in illegal detention till 2/10/1993. In his statement before us he submitted that he was beaten and tortured during his detention and complains of some degree of incapacitation of his limbs and stated that he could not walk and stand steadily. It is, therefore, necessary to have Daijit Saini examined and medically treated at the All India Institute of Medical Sciences. We direct the Medical Superintendent, All India Institute of Medical Sciences, New Delhi, to medically examine Daijit Saini and afford him the requisite treatment as may be necessary. A report in this behalf shall be submitted to this court within a week from today. "
(3.) In the counter-affidavit filed on behalf of Respondents 1 and 2, the allegations in the petition are stoutly denied. It proceeded to state that Rajinder Saini had planned to eliminate the Chief Minister of Punjab. If the Chief Minister could not be eliminated then the son of Mr Jatinder Prasad, Political secretary of the Prime Minister was to be abducted and he would get them released by intervening and effecting a bargain. The two persons, namely Bhupinder Singh alias Bhinda and Surjit Singh alias Kala who were hired by Rajinder Saini committed robbery in the office of Chhedi Lal and robbed him of cash amounting to Rs. 3 lakhs and his wrist-watch. Rajinder Saini was also anaccomplice. It was under these circumstances the case came to be registered under FIR No. 311 dated 31/07/1993.;