MEHTAB S.GILL, J. - (1.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India for issuance of a writ of mandamus for ordering an independent probe preferably by CBI into illegal detention and torture of petitioner's son, namely, Sukhdarshan Singh alias Sukha. It has been further prayed that adequate compensation be paid to the petitioner for the loss of his son due to atrocities committed by the respondents.
(2.) THE petitioner has averred that on 29.12.1992 at about 4.00 P.M., a police party from CIA Staff led by Inspector Ajit Singh and Sub Inspector Bhag Singh raided his house. At that time, petitioner's daughter Sukhwinder Kaur alias Rani and his wife Pritam Kaur were present. The police started searching the house. Karnail Singh, brother of the petitioner, also reached at the spot. One Gurcharan Singh was also called by the petitioner's daughter. The petitioner's son Sukhdarshan Singh alias Sukha also arrived from outside and the police party arrested him and took him away to Police Post Chauki Mann. At that time, Senior Superintendent of Police Swaran Singh and Deputy Superintendent of Police Har Bhagwan Singh were also present in the police post. The petitioner along with other respectables of the village reached the police post to enquire about the arrest of his son. The respectables were insulted, abused and given beatings when they enquired from the Deputy Superintendent of Police as to the arrest of Sukha. After that, Sukha, petitioner's brother Karnail Singh, Harbans Singh and Kartar Singh and nephews Manjit Singh and Ranjit Singh were taken to CIA Staff, Jagraon. Sukha was kept in one room and all others were kept in a separate room. Sukha was badly tortured between 6 P.M. to 8 P.M. His screams could be heard by those persons who were kept in other room. The police told Sukha that terrorists visited his house. Sukha had denied all this. On the next day, i.e., 30.12.1992, all the relations of the petitioner except Sukha were released. Sukha was again tortured and released on 31.12.1992. When Sukha was released, he could neither walk properly nor sit. He was admitted in Dayanand Medical Hospital, Ludhiana for medical treatment where he succumbed to injuries on 5.1.1993. Post mortem on the dead body of Sukha was conducted. According to the post mortem report, Sukha had died due to injuries which he had received. It has been further averred that newspapers namely "Ajj Di Avaj", Punjabi Tribune and others reported that Sukhdarshan Singh alias Sukha had died because of police torture. Representations were made by the petitioner to the Prime Minister of India, Governor of Punjab, Chandigarh, Human Rights Commission, New Delhi and the Director General of Police, Punjab, Chandigarh, but nothing came out of it. Copies of these representations have been annexed with the petition. Notice of motion was issued.
(3.) SEPARATE written statements were filed on behalf of respondent Nos. 5, 6 and 7 as also by Ashok Puri, Deputy Superintendent of Police, Jagraon. We have heard arguments of the learned counsel.;