K.S.GAREWAL,J - (1.) THE petitioners are facing trial before learned Additional Sessions Judge, Patiala in a quadruple murder case on the basis of the F.I.R. No. RC-13(S)/97/SIU-XVI/JMU dated February 28, 1997 under sections 364/302/34 read with Sections 120-B/201/218 of the Indian Penal Code. The petitioners presented an application before the learned trial judge under section 227 Cr.P.C. seeking discharge on the ground that court could not take cognizance of the offences without the sanction of the Central Government. In the present case, sanction for prosecution had been granted by the State Government. The trial Judge came to the conclusion that sanction of the Central Government under section 6 of the Punjab Disturbed Area Act, 1983 was not required because the petitioners had not been found to have acted in discharge of their duty. The petition was accordingly dismissed on January 31, 2000.
(2.) THE petitioners contended that on July 22, 1993 at 3.00 A.M. the petitioners were members of a police party which had set up a picket near Palasaur alongwith 31 other personnel. At 4.30 A.M. two scooters approached the picket each carrying two riders. They were signalled to stop but they disobeyed the orders. These persons got off the scooters and took up positions behind the banks of a nearby drain and opened fire on the police party. The fire was returned. Cross-firing continued till 5.00 A.M. When the firing stopped the police moved towards the point from where the fire had been directed. The area was cordoned off and searched; ultimately four dead bodies were found. Near each of the dead bodies fire arms were also found alongwith other articles. Only one body was identified as that of Karnail Singh alias Raju son of Darshan Singh of Zira. Photographs of the other three dead bodies were taken but no one came forward to claim them. The dead bodies were cremated unidentified and unclaimed. F.I.R. No. 70 was registered at Police Station Tarn Taran on the same day under sections 307/34 of the Indian Penal Code and Section 25 of the Arms Act against the persons who had got killed. The three unidentified deceased were later on identified as Jarnail Singh alias Pappu son of Darshan Singh resident of Zira, Harjinder Singh alias Sukhjinder Singh son of Kishan Singh resident of Zira and Gulshan Kumar alias Kalu son of Chaman Lal resident of Jandiala Road, Tarn Taran. Much later when the Hon'ble Supreme Court of India passed an order directing an inquiry into cremation of unclaimed bodies, investigation was commenced and a case was registered on December 26, 1995. During the course of this inquiry the statement of Chaman Lal, father of Gulshan Kumar above- mentioned, was recorded on November 22, 1996 and on its basis F.I.R. No. 13(S)/97 SIU/XVI/Jammu was registered on February 28, 1997.
(3.) THE petitioners further contend that on July 22, 1993 the place where the occurrence had taken place, was a declared disturbed area to which the provisions of the Punjab Disturbed Area Act, 1983 were applicable. Reference was made in particular to Section 4 of the Act which permitted a Magistrate or a police officer not below the rank of a Sub Inspector or a Havaldar in the case of armed branch of the police, to open fire and even cause death of any person, if in his opinion it was necessary to do so for the maintenance of the public order and the person whose death was caused was acting in contravention of any law or order for the time being in force in the area where there was prohibition of assembly of five or more persons or there was prohibition of the carrying of weapons or fire arms. In terms of Section 6 of the Act, no prosecution could be instituted, except with the previous sanction of the Central Government, against any person in respect of having done any act in exercise of the powers conferred by Sections 4 and 5 of the Act.;