Mehinder Singh Sullar, J. - (1.) AS illogical as it may seem, but strictly and truly speaking, the tendency and frequency of such police personnel, who have been charged by the Central Bureau of Investigation (for brevity "the CBI") for the commission of heinous offences of criminal conspiracy, illegal detention, kidnapping and murders etc., to delay the disposal of criminal cases, on one pretext or the other, for the reasons best known to them, have been tremendously increasing day by day. The instant matters originated from two decade's old occurrences, are the burning example of such like cases. At the same time, the judicial system also cannot escape its liability in this respect, for variety of reasons, perhaps mainly on account of paucity of infrastructural capability and capacity. God knows who is to be blamed for it.
(2.) BE that as it may, since the identical questions of law and facts are involved, so, I propose to decide all the above indicated petitions, by virtue of this common judgment, in order to avoid the repetition. However, the relevant facts and material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petitions, recapitulated from main petition (1) CRM No. M-7861 of 2005 titled as "Atma Singh Bhullar & Ors. Vs. State of Punjab & Anr." at the first instance and thereafter the prosecution versions of CBI in other connected cases, would be referred in subsequent part of this judgment for ready reference in this context. Exhibiting the deep concern of violations of rule of law, human rights and taking cognizance of the Press Note dated January 16, 1995, which, in substance, is as under:- "The investigation team decided to work in the Amritsar area and its neighbouring police districts. It was learnt that the police regularly bring bodies to the municipality cremation grounds for cremation, declaring them as unclaimed. The team found that 400 unclaimed bodies had been brought for cremation to grounds. Bodies brought to the Patti municipality committees cremation grounds came from as far as Khalra 40 Kms., Kairon 10 Kms, Harika 15 Kms, Valtoha 30 Kms, Bhiki 25 Kms 700 unclaimed bodies to the Tarn Taran municipality cremation grounds. The only record of these unclaimed bodies is available from the receipt book through which firewood was issued for the disposal of the bodies. The receipt book has the date and number of bodies brought recorded on it. In Amritsar district the maximum unclaimed bodies brought for cremation was to the cremation grounds near the Durgiana Mandir. From 1st June 1984 to the end of 1994 about 2000 bodies have been cremated as unclaimed. The officials of the Durgiana Mandir cremation grounds expressed their inability to show any records, but suggested that details will be available with the Amritsar Registrar of Births and Deaths. The details which could be gathered at the registrar's office are given below. During the 1st year of the govt. of Mr. Beant Singh, 300 unclaimed bodies were brought to the Durgiana Mandir cremation grounds by the police department. Out of these 300 bodies names of 112 have been given and the rest were declared as unidentified. 41 persons have been recorded to have died of bullet injuries or police encounters. No reason has been recorded for the cause of the death of 259 persons. Post-mortems were conducted only on 24 bodies by the Amritsar Medical College. No post-mortem was conducted on 276 bodies, 5 bodies of females, as per the record, out of which names of 3 have been recorded. The details of the 3 female bodies are : Harpal Kaur Vill. Dhulka dated 25.12.1992. Achint Kaur & companion dated 30.9.92. Two bodies are of those of Kashmiris of Sopore, cause of death, "encounter". One unclaimed body is from, near Chamkaur Saheb, in Roper District. Bhagel Singh alias Gurdarshan Singh of village Deriwal was nabbed by the Punjab police in Bihar. News Punjab press. Various organizations in Punjab apprehended him being eliminated in a fake encounter. This was around the last week of Nov/first week of Dec./91. On 19.1.1992 the police knowing fully well the identity of Bhagel Singh and his village, brought to cremation grounds for cremation a unidentified and unclaimed. Mr.Piara Singh S/o Shingara Singh, Director of Central Cooperative Bank in Amritsar, Paternal uncle of Harminder Singh Sultanvind (Militant), Mr.Piara Singh has gone to a relatives' farm in Pillibhit in Uttar Pradesh. One morning a jeep drove up to the farm house, a team of doctors attired in white coats, sporting stethoscopes approached the residents of the farm requesting them that a VIP was coming to the neighbouring village to inaugurate a govt. medical clinic and some respectable citizens should also grace the occasion. They requested (sic) Mr.Piara Singh ended up at the Durgiana Mandir cremation ground on 16.12.92. Mr.Pargat Singh 'Bullet' was undergoing treatment at the Guru Nanak Hospital Amritsar he was abducted by the Raja Sansi police and his "unidentified' body was brought to the Durgiana Mandir cremation ground on 5.11.92", The Hon'ble Apex Court in case Mrs.Paramjit Kaur v. State of Punjab 1996(1) RCR (Criminal) 282 : 1996(7) SCC 20 issued the following directions:- (i) We, therefore, direct the Director, Central Bureau of Investigation to appoint an investigation team headed by a responsible officer to hold investigation in the kidnapping and whereabouts of Khalra. We further direct the Director General of Police, Punjab, all concerned Punjab Police Officers, Home Secretary and Chief Secretary, Punjab to render all assistance and help to the CBI in the investigation. (ii)The second issue highlighted in this petition is equally important. This Court cannot close its eyes to the contents of the Press Note dated January 16,1995 stated to be investigated by Khalra and Dhillon. In case it is found that the facts stated in the Press Note are correct ? even partially ? it would be a gory tale of Human Rights violations. It is horrifying to visualize that dead bodies of large number of persons -allegedly thousands -could be cremated by the police unceremoniously with a label "unidentified". Our faith in democracy and rule of law assures us that nothing of the type can ever happen in this country but the allegations in the Press Note -horrendous as they are ? need thorough investigation. We, therefore, direct the Director, Central Bureau of Investigation to investigate into the facts contained in the Press Note dated January 16, 1995. We direct all the concerned authorities of the State of Punjab including the Director General of Police, Punjab to render all assistance to the CBI in the investigation. All authorities of the Punjab Government shall render all help and assistance to the CBI team as and when asked by any member of the said team. We give liberty to the CBI to seek any further directions from this Court from time to time as may be necessary during the investigation.
(3.) IN pursuance of the first direction, the CBI registered and investigated the case against accused Prithipal Singh, Satnam Singh, Surinderpal & Jasbir Singh etc., for hatching a criminal conspiracy, causing disappearance, kidnapping and murder of Jaswant Singh Khalra, General Secretary, Human Rights Wing of Shiromani Akali Dal (popularly known as Jaswant Singh Khalra's case). Having completed all the codal formalities, the accused (therein) were convicted and sentenced by the Additional Sessions Judge, Patiala, for the commission of offences punishable under Sections 120-B, 302, 364 and 201 read with Section 34 IPC, by way of judgment of conviction and order of sentence dated 18.11.2005. Their appeals were also dismissed by this Court, vide judgment dated 8.10.2007.;