M.L.SINGHAL,J - (1.) SANTOKH Singh son of Pritam Singh was Branch Manager in Central Cooperative Bank at Village Jadla. According to his father-Pritam Singh, he was picked up by Nawanshahar Police on 25.12.1992 when he was going to Village Karyam, Tehsil Nawanshahar alongwith one Kulwinder Singh. On 26.12.1992, he alongwith the members of the panchayat and the employees of Central Cooperative Bank of Village Jadla met Balkar Singh, Deputy Superintendent of Police to find out the cause why his son had been taken on 25.12.1992. Balkar Singh, Deputy Superintendent of Police assured them that he would be let off after interrogation and that they should contact him the following day. On 27.12.1992, he alongwith members of the panchayat and others went to police Station, Nawanshahar. Santokh Singh and Kulwinder Singh were handed over to them at about 2 P.M. They came back happily as they were able to secure Sankoth Singh and Kulwinder Singh. On 28.12.1992, at about 4 P.M. the police of Police Post, Jadla picked him (Pritam Singh) when he was at his house. He was taken to Police Station Nawanshahar and was kept there throughout the night. He was mentally tortured and was forced to produce Santokh Singh. On the following day i.e. 29.12.1992 at about 2 P.M., Sankoth Singh was handed over to Inspector Ranbir Singh, SHO, Police Station, Nawanshahar. At that time, Malkiat Singh Sarpanch, Atma Singh, Lambardar etc. had also gone to the Police Station. Sankoth Singh was handed over to the police and his father Pritam Singh was released. They were assured by the police that Santokh Singh would be let off and handed over back to them after interrogation. On the following day i.e. 30.12.1992, Pritam Singh and members of the Panchayat met Deputy Superintendent of Police Balkar Singh and Inspector Ranbir Singh. They did not supply any clue to them about the whereabouts of Santokh Singh and put them off. Since then, he and his relatives have been driven from pillar to post in quest of Santokh Singh to secure his release but the providence has not helped him.
(2.) IN the issue dated 11.1.1993 of 'Ajit' Punjabi daily Jullunder there appeared a news item that Nawanshahar police had shown Santokh Singh under arrest with them and Deputy Superintendent of Police Balkar Singh had briefed the press that Santokh Singh @ Sukhi had been taken into custody by Nawanshahar police on the allegation that he was giving shelter to the militants and some arms and ammunition had also been recovered from him; Annexure P-1 is the said news item. On 11.1.1993, he came to know that the police had registered an FIR in which they had depicted that when Santokh Singh was being taken for the recovery of fire arms, the police party was ambushed by unidentified persons and the police party was attacked. There was an armed encounter. As a sequel to that encounter, the hook of the belt of constable with whom the handcuffs with which Santokh Singh had been tied got broken and Santokh Singh made good escape together with handcuffs. Pritam Singh apprehends that his son has been liquidated in a stage managed encounter. The facts recited in the FIR dated 11.1.1993, Annexure P-2 are false and designed to hoodwink the reality and land the truth into a state of grave obscurity and uncertainty. His apprehension that his son has been liquidated has gained currency when he was hearing every now and then that to contain the menace of terrorism afflicting the State of Punjab for the last few years, the Punjab Police has manoeuvred the stage managed encounters to show the elimination of terrorists in such stage managed encounters. In a number of cases, the Supreme Court has felt extremely doubtful about the genuineness of these encounters and has taken a few steps to contain the reign of terrorism let loose by the State on its subjects. This Court has also felt the same way and has taken some steps to contain the menace of State terrorism. His apprehension is that his son has been victim of the feeling of over-zealousness on the part of the Punjab Police. He has either been done away with or is being detained by the police unlawfully. Ever since after 11.1.1993, Santokh Singh has not been heard of. During the last few years, there was terror let loose by the Punjab Police on its subjects. Nobody could have courage to highlight this high-handedness of the police. If there was any such high-handedness by the police, that was spurned silently, lest he was eliminated at a stage managed encounter, it was for this reason that Pritam Singh did not raise his voice against this high-handedness of the police who either eliminated his son on 11.1.1993 or is detaining his son unlawfully. Pritam Singh became bold enough when he found that the courts are enforcing the right to life and liberty granted to everyone under the Constitution of India with a sense of great zealousy. On these allegations, Pritam Singh had knocked the door of this Court through this Criminal Writ Petition under Article 226 of the Constitution of India for the issuance of writ of Habeas Corpus against the respondents to produce Santokh SIngh before this Court. Respondents 1 and 2 i.e. State of Punjab and Senior Superintendent of Police, Jalandhar, opposed this petition urging that Santokh Singh was never picked up by the police on 25.1.1992. Santokh Singh was required by the police in case FIR No. 12 dated 20.11.1992 under Sections 302/307/34 IPC, Section 25 of the Arms Act as well as Sections 3/4 of the Terrorists and Disruptive Activities (Prevention) Act (TADA), of Police Station Rahon registered on the statement of one Chuhar Singh son of Swaran Singh, on 20.11.1992. Santokh Singh was never arrested prior to 10.1.1993. On 10.1.1993, Santokh Singh was apprehended alongwith one Raj Kumar during the course of patrolling by a patrol party headed by Inspector Ranbir Singh. They were apprehended because they wee felt to be moving in suspicious circumstances. A .303 bore rifle alongwith 10 live cartridges was recovered from Santokh Singh. A .315 bore rifle alongwith six live cartridges was recovered from Raj Kumar. Santokh Singh and Raj Kumar were taken into custody in cases Nos. 6 and 7 dated 10.1.1993. Santokh Singh was produced in the court of Sh. M.S. Walia, Judicial Magistrate First Class, Nawanshahar. He was remanded to police custody for one day. He was interrogated. On interrogation, he made disclosure statement which was to the effect that he had kept one .12 bore gun alongwith 10 live cartridges at Village Mirpur Lakha. Police party headed by Inspector Ranbir Singh was taking Santokh Singh with a view to his getting the recovery effected in pursuance of his disclosure statement. A .12 bore gun alongwith 7 live cartridges was recovered from the place pointed out by him. In view of this recovery, case FIR No. 8 dated 11.1.1993 was registered against Santokh Singh under Section 25 of the Arms Act and Sections 3/4/5 of the Terrorists and Disruptive Activities (Prevention) Act. Unfortunately, when the police party was coming back with Santokh Singh after this recovery, there was ambush by terrorists and there was a fierce encounter. In this encounter, two persons lost their lives who had ambushed the police party. One of them was identified as Sodhi Singh son of Amar Singh. Finding an opportunity to escape, Santokh Singh managed to escape. Said Sodhi Singh was also wanted by the police in case FIR No. 12 dated 20.11.1992 of Police Station, Rahon. He was co-accused with Santokh Singh. One AK 47 rifle with five live rounds was recovered from near the dead body of Sodhi Singh. The other persons killed in the encounter could not be identified. A .30 bore mauser was found lying near his dead body. Case FIR No. 9 dated 11.1.1993 was registered under Sections 304/34/224 of the IPC and Section 25 of the Arms Act and Sections 3/4/5 of the Terrorists and Disruptive Activities (Prevention) Act. Since then, the police has been making frantic efforts for the search of Santokh Singh but to no effect. He was declared a proclaimed offender in case FIR No. 8 of 1993 of Police Station, Nawanshahar. It was denied that there was any misuse of powers by the police. It was denied that Santokh Singh was done away by the police or was unlawfully detained by the police. Santokh Singh rather ran away from police custody.
(3.) INSPECTOR Ranbir Singh-respondent No. 4, also contested this writ petition. It was denied that Santokh Singh was arrested on 25.12.1992. It fact, he was arrested on 10.1.1993 alongwith one Raj Kumar. Santokh Singh was produced before the Magistrate and the Magistrate gave his police custody remand for one day. On 11.1.1993, he was interrogated, on interrogation he made disclosure statement. His disclosure statement led to the recovery of .12 bore gun with 7 live cartridges. In this behalf, case FIR No. 8 dated 11.11.1993 was registered at Police Station, Nawanshahar against Santokh Singh. It was when the police party was coming back after his recovery from Santokh Singh that the police party was ambushed and a fierce battle took place which lasted for more than 30 minutes. As a sequel to that encounter, Santokh Singh managed to escape. Two persons lost their lives among those who had ambushed the police party. One of them was identified as Sodhi Singh a hardcore terrorist and the other could not be identified. A case was registered regarding the escape of Santokh Singh and regarding the ambushing of the police party by them. Ever since 11.1.1993 Santokh Singh could not be located. He was declared a proclaimed offender in case FIR No. 8 dated 11.1.1993. He was declared a proclaimed offender in case FIR Nos. 6/92, 8/92 and 9/92 of Police Station Banga and FIR No. 12/92 of Police Station Rahon. It was further alleged that there is inordinate delay in the institution of this writ petition. Why did not Pritam Singh knock the door of this Court earlier when his son was not being heard of since after 30.12.1992 and why did he knock the door of this Court in 4/95 and why not soon after 30.12.1992 ?;