HARDEEP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is the mother of one Maninder Singh Dalli, who is stated to have been 25 years of age when the incident in question took place. It has been averred that this young man was picked up by a Haryana Police Party led by respondent No. 3, i.e. Dhanpal Singh, D.S.P., Yamuna Nagar on March 2, 1993 from the petitioner's residence in Saharanpur and it was intimated to the petitioner that he was being taken for investigation and would be released very soon. As this promise was not carried out, the petitioner approached respondent No. 3, once again for his release but was told that he would be let off within a week. It has been alleged that despite this assurance, Maninder Singh was still missing and had not been released. Hence this petition for a writ of Habeas Corpus.

(2.) NOTICE was issued to the respondents and various affidavits were filed in reply. Sh. Gurnam Singh, D.S.P., Patiala, in his affidavit deposed that Maninder Singh alias Dalli had been remanded to judicial custody in a case bearing F.I.R. No. 30 dated 15th March, 1993 registered under Sections 4/5 of the Explosive Act at Police Station Sadar, Yamuna Nagar. It has further been averred that the detainee was produced before Additional C.J.M. Patiala on March 19, 1993, on the basis of warrants issued by the said Court as he was wanted in connection with the investigation of case bearing F.I.R. No. 303 dated November 1, 1991, registered under Sections 307/34 of the Indian Penal Code and Sections 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 and he was remanded to police custody till March 22, 1993 which was further extended to March 25, 1993 and then to April 7, 1993 on which date the accused was remanded to judicial custody till April 21, 1993. The accused was, however, arrested on the same day in a case bearing First Information Report No. 117 registered under Sections 302/382 of the Indian Penal Code at Police Station, Civil Lines, Patiala and remanded to police custody first up to April 16, 1993 by the S.D.M. Patiala and subsequently upto April 22, 1993 and on this date was remanded to judicial custody till April 29, 1993. On April 22, 1993, however, the accused was arrested by A.S.I. Jaswant Singh of Police Station Bhawanigarh District Sangrur in a case bearing F.I.R. No. 85 dated April 22, 1993 registered under Section 302 I.P.C. and Sections 25 of the Arms Act, at Police Station, Bhawanigarh and his police remand was again obtained up to April 27, 1993 and on April 22, 1993, under Court orders was handed over to the police of Police Station, Bhawanigarh.

(3.) RESPONDENT No. 3 Dhanpal Singh, Inspector S.H.O. Police Station City Yamuna Nagar, had also filed a written statement in which it has been admitted that the accused had been arrested as already indicated above along with another person namely Gurmeet Singh alias Meeta in a case bearing F.I.R. No. 30 dated March 15, 1993, registered under Sections 4/5 of the Explosive Substance Act and Sections 3/4/5 of the TADA (P) Act at Police Station Sadar, Yamuna Nagar. It has also been admitted that both Maninder Singh and Gurmeet Singh were subsequently handed over to the Patiala Police and were never, thereafter, produced before any Court in Haryana by the Punjab Police.