- (1.) A person stated to be Sher Pal is produced before us. We presume that the person produced before us is Sher Pal himself. According to the writ petitioner, Shri Yogesh Bhatia. this Sher Pal was allegedly killed by the police and the body disposed of. The relevant allegations in the writ petition are these; "That incident occurred on 4/2/1994 at about 5. 00 a. m. when a youth in sound health aged about 30 years named Sher Pal belonging to Bawaria Caste, resident of Thana and Kasba Jewar, District Bulandshahr, U. P. was taken away by Etah District Police which consisted of SP Rural Etah. CO Jailaiser, SHOs of P. S. Avagarh, Anapur and Mircchi all police stations in Etah District along with his father-in-law Shri Ram Chander s/o Shri Shoba Ram aged about 80 years, r/o Village Rohina Singhpur. Thana Akrabad, District Aligarh, U. P. from Village Rohina Singhpur. Thana Akrabad. District Aligarh on the pretext that said Sher Pal was required in the investigation of a dacoity case of Village Vasundra, District Etah. That after about 23 days i. e. on 27/2/1994 said Ram Chander was released from the police custody but said Sher Pal was never released by the police. . but the whereabouts of the said Sher Pal are not still known and the petitioner apprehends that said Sher Pal either has been detained in illegal custody or he has been done away by the U. P. Police violating all the provisions regarding life and liberty of Said Sher Pal. Hence-, this. petition before Hon'blc Supreme court. "in the affidavit supporting the petition, the petitioner avers: "I have gone through the contents of the accompanying writ petition under Article 32 of the Constitution of India and have understood the same and say that the facts and submissions made therein are correct and true to my knowledge and nothing material has been concealed therefrom. "
(2.) The demeanour of the person produced before us indicates that he is not a free agent and is under some kind of pressure. It is for the investigating agency who is looking into the charges of high-handedness on the part of the police and into the allegations in the writ petition to investigate this aspect also. A report will be submitted to this court.
(3.) It is stated that the police officers, who had something to do with the incidents at the time Sher Pal had earlier been taken into custody, are put on suspension and an investigation is afoot. Shri Yashpal Singh, Deputy Inspector General of Police, who is present in court assures that a thorough investigation will be made into all aspects including the allegations in the writ petition by CB (CID) of U. P. State.;