- (1.) MEJA Singh petitioner filed this criminal writ petition dated 23. 8. 1987 on 24. 8. 1987. It is supported by an affidavit of the petitioner. Notice to the respondent was issued. Thereafter affidavit of Station House Officer, Police Station Sadar, Zira was filed and the petitioner sought to file a rejoinder which was also filed. The petitioner made allegations that on 3. 7. 1987 at 6 a. m. , the respondent, accompanied by a few constables of the Punjab Police and a few others of the Central Reserve Police Force came in uniform to his house and enquired about the detenu, his son Sukhchain Singh. The detenu was sleeping and on asking by the respondent, the petitioner woke him up. The respondent wanted to take the detenu to the Police Station on the assurance that he would be released after compliance with some formalities. At about 10. 30 a. m. the petitioner accompanied by some relations and respectables of the village went to Police Station Sadar and found the detenu behind the bar. The respondent again told him that he should come on the next day when his son would be released. On the next day, he was told by the respondent that the detenu was sent to CIA Staff, Ferozepore and after a day or so, the detenu would be brought back and sent to him. During the period the detenu remained at Police Station Sadar, he was served with meals supplied from the house of the petitioner. The reason given for illegal detention is that one Gurdev Singh, cousin brother of the wife of the petitioner, was a proclaimed offender and was allegedly killed in police encounter on 12. 6. 1987. During search of Gurdev Singh, address of the detenu in the driving licence was found and therefore, the detenu had been arrested. He was released after about a week.
(2.) THE petitioner continued making enquiries as to the whereabouts of the detenu, but he was given vague and unsatisfactory reply even by the Senior Superintendent of Police, Ferozepore. Sub-Inspector Kashmir Singh, in his affidavit, denied the allegations of his visiting the village of the petitioner and taking the detenu in custody. However, it has been admitted that one Gurdev Singh son of Kirpal Singh, Jat, resident of village Satiawala, Police Station Sadar, Ferozepore was an extremist and was declared a proclaimed offender. The said Gurdev Singh was killed in police encounter in Moga Sub-Division. The other allegations about the address of the detenu on a driving licence have been denied for want of knowledge. In his rejoinder, the petitioner has reiterated the allegations made in the petition. It has been added that SI Kashmir Singh respondent, a few days prior to 3. 7. 1987, came to his house and told him that his son had been killed and that he should accompany the police for identification of the dead body. When the petitioner saw the dead body, he told the police that it was not the body of his son and further informed that his son had gone to village Mehma. The dead body was, in fact, of Gurdev Singh of village Satiawala, Tehsil and District Ferozepore. The police accompanied him and took him to village Mehma and from there had taken his son in its custody. Petitioner and his son were detained for 6/7 days and then let off after that.
(3.) AFTER considering the facts, vide my order dated 21. 7. 1988, the District and Sessions Judge, Ferozepore was entrusted with the enquiry to find out as to whether the detenu was taken away by the respondent, as alleged by the petitioner. Report dated 30. 1. 1989 of the District and Sessions Judge, Ferozepore was received, holding that there were sufficient grounds to believe that on 3. 7. 1987, the respondent had taken Sukhchain Singh detenu with him. After receipt of the enquiry, the respondent gave a reply to this enquiry by way of affidavit and therein he has explained that a case F. I. R. No. 307 of 1986, under Sections 302/34 of the Indian Penal Code was registered and in that case, the name of the respondent was not mentioned as a witness. One Chuni Lal had filed a criminal complaint against 4 persons, namely, Raghbir Singh, Banwari Lal, Tara Chand and Shiv Charan for offence under Sections 302/34, Indian Penal Code. This complaint was registered as criminal complaint No. 27 dated 18. 4. 1987 under the aforesaid offence. In that complaint, the respondent was summoned for 3. 7. 1987 to appear in the court of Mr. Iqbal Singh, Additional Sessions Judge, Ferozepore. In pursuance of the summons issued to respondent, he left the Police Station at 8. 30 a. m. vide Daily Diary Report No. 4 for the said court. Mr. Iqbal Singh, Additional Sessions Judge, was on leave and the evidence could not be recorded. Therefore, the respondent came back at about 2. 30 p. m. Later on, with the permission of this court, Meja Singh petitioner filed a reply to the affidavit of the respondent. In this reply, the petitioner has alleged that the respondent was delaying the disposal of the case unnecessarily. The poor parents of the detenu are running from pillar to post in search of their son and in spite of lapse of two years, they have not been told of his whereabouts.;