PETITIONER:
MRS. PARAMJIT KAUR
Vs.
RESPONDENT:
STATE OF PUNJAB AND ORS.
DATE OF JUDGMENT15/11/1995
BENCH:
KULDIP SINGH (J)
AHMAD SAGHIR S. (J)
CITATION:
1996 SCC (7) 20 JT 1995 (8) 418
1995 SCALE (6)376
ACT
HEADNOTE
JUDGMENT
ORDER
A telegram was received at the residence office of one of us (Kuldip Singh, J.). This Court on September 11, 1995 passed the following order:
"The telegram in hand has been received
at the residence office of one of us
(Kuldip Singh, J.). The sender of the
telegram is Mr. Gurcharan Singh Tohra.
It is stated in the telegram that Sardar
Jaswant Singh khalra, General Secretary
Human Rights Wing of Shiromani Akali Dal
has been kidnapped by the police. We
treat this telegram as a Habeas Corpus
Petition and issue notice to the Home
Secretary, Punjab, Director General of
Police, Punjab, and the Senior
Superintendent of Police, Amritsar
returnable within one week. Mr. Sodhi
who is present in Court states that he
has also filed a petition in this Court
in this respect. He undertakes to serve
the respondents by dasti process in
addition. The Registry to serve these
respondents by Telex/Telephone or fax."
Meanwhile Mrs. Paramjit Kaur wife of Jaswant Singh Khalra also filed a petition under Article 32 of the Constitution of India seeking direction in the nature of habeas corpus.
It is alleged in the petition that on September 6, 1995 at about 9.20 A.M. while Petitioner’s husband J.S. Khalra was washing his car outside the gate of House No. 8, Kabir Park, Amritsar, a Maruti Van, sky blue colour bearing Registration No. BBN-5969, came and stopped close to the place where Mr. Khalra was working. Four uniformed policeman, with black head dresses (Patkas), and armed with automatic weapon, jumped out of Van. They had walky-talkey instruments with them. They pointed the weapons at Khalra, mishandled him despite his protests and pushed him into the Van from the rear. It is further alleged that the policemen informed through walky-talkey to some one presumably their superior that Khalra had been taken into custody and the job/mission was a success. The Van was followed by an open police Gypsy wherein 4/5 policemen, fully armed were standing and an officer was sitting in the front seat. The Gypsy gave cover to the Maruti Van. It is, thus, alleged in the petition that Khalra was kidnapped by some persons in police uniforms at 9.20 A.M. from a busy residential area of Amritsar.
It is stated in the petition that Rajeev Singh, Son of Shri Parkash Singh, who was present close by witnessed the kidnapping. He even tried to intervene but was pushed aside. He managed to overhear the conversation on walky-talkey and also noted the number of Maruti Van in which Khalra had been taken. It is further stated that the kidnaping was witnessed by a large number of neighbours and other persons since it was broad day light (9.20 A.M.) when people were on way to their normal vocations. The petitioner states that while she was going to the university, where she works, she also noticed the Gypsy with the police personnel and she would be in a position to recognise some of the persons standing in the Gypsy.
The petition further states that the petitioner along with friends and relatives went to Police Station Islamabad, sent telegrams to the Chief Justice of India, Chief Justice of Punjab and Haryana High Court, Director General of Police, Punjab and various other authorities. It is stated that they also met Mr. D.R. Bhatti, Inspector General of Police. Para 19 of the writ petition is as under:
"The petitioner firmly believes that her
husband has been picked up at the
instance of Ajit Singh Sandhu, SSP, Tarn
Taran Police District, who has on
various occasions being threatening the
petitioner’s husband with dire
consequences if he did not influence
and/or play an active role in getting
the writ petitions withdrawn wherein
police accesses, custodial deaths and
police kidnapping were pending enquiries
before the High Court and which Mr.
Sandhu felt, have been initiated at the
instance of Mr. J.S. Khalra. This aspect
of the matter has been widely covered in
various press conferences and
newsitems."
Counter affidavit has been filed by Mr. Sukhdev Singh Chhina, Superintendent of Police, City Amritsar. It is stated by Mr. Chhina that "a perusal of the police records shows that Shri Jaswant Singh Khalra ..... is neither wanted nor arrested by Amritsar Police in any criminal Case". It is further stated that investigations are currently in progress and all out efforts are being made to trace Jaswant Singh Khalra. The details of the efforts made by the police are given in paras 5 and 6 of the counter. The counter further stated as under:
"Sh. Ajit Singh Sandhu, PPS, Senior
Superintendent of Police, Tarn Taran,
was made to join the investigation on
23.9.95 with the object of varifying the
allegations regarding his involvement in
the abduction. According to Sh. Sandhu,
he was on leave w.e.f. 05.09.95. Sh.
Sandhu has stated under oath that he did
not threaten the petitioner’s husband at
any time nor did he ever influence Shri
Khalra, directly or indirectly, for the
withdrawal of writ petitions etc. Which
were pending before the High Court for
the States of Punjab and Haryana,
concerning police excesses, custodial
deaths and police kidnappings. Sh.
Sandhu also stated that Sh. Khalra is
not a witness against him in any court
case."
Mr. Ajit Singh Sandhu, Senior Superintendent of Police, Tarn Taran has also filed affidavit. Para 2 of the affidavit is as under:
"That I have gone through the contents
of the above mentioned writ petition and
I state that the facts mentioned in Para
No.19 of the petition are not correct. I
never threatened the petitioner’s
husband at any time nor did I ever
influenced him directly or indirectly
for the withdrawal of the writ petition
etc. Which were pending enquiries before
the Hon’ble High Court for the States of
Punjab and Haryana concerning police
excesses, custodial deaths and police
kidnappings."
The petitioner filed further affidavit dated October 9, 1995 by way of rejoinder. Paras 4 to 7 of the rejoinder are as under:
"It is incorrect to say that my husband,
Mr. Khalra, had no apprehension of his
safety prior to his being taken into
custody by mavericks of Punjab Police.
On the contrary, my husband had
apprehensions that the SSP Tarn Taran,
Ajit Singh Sandhu, positively threatened
my husband which is borne out from a
horde of Press clippings as also
affidavits which are being filed
herewith. Affidavits of Nav Kiran Singh,
advocate, Gurcharan Singh Tohra,
President SGPC, Ranjan Lakhanpal,
advocate, as also Jaspal Singh Dhillon
are being filed and annexed hereto and
marked as Annexure ‘P-1’ (Colly).
Annexure ‘P-2’ (Colly.) are various
reports of the Human Rights Wing,
Shiromani Akali Dal, State how the
Punjab Police and in particular the
police of Tarn Taran District has been
indicted for their excesses in extra
judicial murders.
Annexure ‘P-3’ (Colly.) are the
copies of Press Reports on the excesses
of the Punjab Police and in particular
that of Tarn Taran police and Mr. Ajit
Singh Sandhu, respondent herein.
I say that my husband was
continuously exposing the black deeds of
the Punjab Police which was a great
irritant to them and more particularly
to the Tarn Taran Police headed by Ajit
Singh Sandhu, SSP and, therefore, it is
wrong to say that there was no occasion
for Mr. Sandhu to feel annoyed." Mr. Navkiran Singh, advocate in his affidavit supporting the petitioner has stated as under:
"Mr. Ajit Singh Sandhu was transferred
back to the area of Tarn Taran as the
SSP as it was in his time and the
families of Militants were wiped out in
Extra Judicial killings. Mr. Khalra had
informed me that Mr. Ajit Singh Sandhu
was sending threatening messages to him.
The Tarn Taran police was specially
annoyed for his reports of Unclaimed
bodies which had created a flutter in
the police circles and which prompted
the State to post back Mr. Sandhu back
to Tarn Taran so that he could influence
the witnesses for not to appear as a
witness in the enquiries pending with
the CBI and before Session Judge at
Amritsar.
Mr. Khalra after his visit abroad had
started giving press releases
highlighting the police excesses of Tarn
Taran Police the present SSP Mr. Ajit
Singh Sandhu also joined the issue with
him and held a press conference in
retaliation. Mr. Khalra came to me to
Chandigarh and showed me the press
release and also discussed with me
regarding filing of a petition in High
Court for issuance of a direction to the
State to provide security to him, but he
was double minded for the reason that
his asking for security might not
demoralise the victims. It was
personally reported by him to me and his
other colleagues and he apprehends harm
at the hands of Ajit Singh Sandhu." Mr. Gurcharan Singh Tohra, President, Shiromani Gurdwara Prabandhak Committee, Amritsar in his affidavit supporting the petitioner has stated as under:
"That Sh. Jaswant Singh Khalra is a
General Secretary of Human rights Wing
of Shiromani Akali Dal and he has played
a major role in the investigation of the
‘Unclaimed Deadbodies’ as compiled by
the Human Rights Wings in its reports.
That the Police Officers were
annoyed with the office bearers of the
Human Rights Wing for its Investigation
of the Unclaimed deadbodies and issuance
of the reports in the cases of police
excesses. Mr. Khalra used to encourage
the victims of State excesses to file
petitions in the High Court and Supreme
Court. Several of such petitions, are
pending in the High Court in which there
are serious allegations against the Tarn
Taran Police and most of these excesses
were committed by the Tarn Taran police
under the command or Mr. Ajit Singh
Sandhu, SSP.
That Sh. Ajit Singh Sandhu, Senior
Superintendent of Police, Tarn Taran,
had extended threats to Sh. Jaswant
Singh Khalra, General Secretary Human
Rights Wing to stop his activities in
playing a role in exposing the police
irregularities.... Our party has full
apprehension that Sh. Ajit Singh Sandhu,
Senior Superintendent of Police, Tarn
Taran District has abducted Sh. Jaswant
Singh Khalra, General Secretary Human
rights Wing." The affidavits filed by Mr. Ranjan Lakhanpal, advocate and Shri Jaspal Singh Dhillon supporting the petitioner are in similar terms. Rajeev Singh has also filed affidavit supporting the petition.
Copy of the Press Note dated January 16, 1995 issued by the Human Rights Wing of the Shiromani Akali Dal under the signatures of Khalra and J.S. Dhillon under the Caption "DISAPPEARED." CREMATION GROUNDS." has been annexed along with the rejoinder. The contents of the Press note appeared in various newspapers. Photocopies of the newspaper reports have also been annexed with the rejoinder. The Press Note dated January 16, 1995., inter alia, states as under:
"The investigation team decided to work
in the Amritsar area and its
neiginbouring 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 the Patti municipality
cremation 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 creamation 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 of 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 25.12.92. 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 Ropar District.
Bhagel Singh alias Gurdarshan Singh
of village Deriwal was nabbed by the
Punjab police in Bihar. News of his
"arrest" was reported in the Punjab
press. Various organisations in Punjab
apprehended him being eliminated in a
fake encounter. This was around the last
week of Nov/first week of Dec./91. On
the 19.1.1992 the police knowing fully
well the identity of Baghel Singh and
his village, brought his body to the
Durgiana Mandir cremation grounds for
cremation as 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 had gone to a relatives farm in
Pilibhit in Uttar Pradesh. One morning a
jeep drove up to the farm house, a team
of doctors attired in white coasts,
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 Mr. Piara
Singh to come with them. Mr. Piara Singh
ended up at the Durgiana Mandir
cremation ground on 16.12.92.
Mr. Pargat Singh ‘Bullet’ was under
going treatment at the Guru Nanak
Hospital Amritsar he was abducted by the
Raja Sansi police and his "unidentified"
body was bought to the Durgiana Mandir
cremation grounds on 5.11.92." It is stated in the Press-note that the facts therein were investigated by Khalra and J.S. Dhillon.
On October 13, 1995 Mr. M.L. Sarin, learned Advocate- General for the State of Punjab stated that he was personally looking into the investigation in the case. He sought short adjournment. We adjourned the hearing to November 10, 1995.
Mr. Sukhdev Singh Chhinna, Superintendent of Police, City Amritsar has filed further affidavit. The contents of the affidavit are as under:
"That in the matter of the above
mentioned writ petition, I have made
thorough investigations regarding the
police officials whose names were
referred to by Mr. R.S. Sodhi, Advocate
counsel for the petitioner. I have
checked the Telephone Computer Records,
Log Books of Vehicles, Wireless Log
Books, Roznamchas of Police Stations and
other relevant records, pertaining to
these officials. I have also examined
and recorded the statements of more than
sixty five witnesses to verify and
account for the presence of these
officials at the time of occurrence i.e.
on 6.9.1995.
That on the basis of the record and
the statements of the witnesses referred
to above no inference can be drawn
against the said officials which could
implicate them anyway in the matter of
the disappearance of Sh. Jaswant Singh
Khalra.
That the deponent contacted the
petitioner on 7.9.95, 22.9.95, 17.10.95
& 27.10.95 but she refused to cooperate
and stated that she would do so only
after consulting her counsel Mr. R.S.
Sodhi.
That investigations are going on
and are being monitored by the State
Police Head Quarters.
That all out efforts are being made
to trace the whereabouts of Shri Jaswant
Singh Khalra and to work out this case." The petitioner has filed further affidavit dated November 10. 1995. Paras 3, 4, 5, 6, 7, 8, 9, 10 and 12 are as under:
"I say that in spite of giving names of
the officers, who were involved in the
kidnapping of my husband, my husband
still remains in illegal custody. Expect
for asking me whether I have got
anything more to say, I have not been
asked to help the investigation in any
manner.
I say that my husband had been a
staunch crusader of human rights and had
made startling discoveries about
thousands of persons who, it is
believed, were liquidated by the Punjab
Police and their bodies disposed of as
unclaimed/unidentified between 1992-94.
They were also able to obtain with
difficulty records pertaining to
cremation grounds at Durgiana Mandir and
Patti Municipal Cremation Grounds.
That the Durgiana Mandir records
show that the police has cremated
unclaimed/unidentified bodies whose
names, addresses and identification was
very much know.
I say that during the course of his
investigation, Mr. Jaswant Singh Khalra
also met a lot of people who complained
about members of their family being
missing for varying lengths of time;
some for several years. A rough estimate
revealed that the number of such missing
persons in Amritsar District along was
not less than 2,000.
Mr. Ajit Singh Sandhu, the SSP,
Tarn Taran Police District, came to know
these activities of Mr. Jaswant
Presumably fearing that his illegal
actions would be brought to light, he
threatened Mr. Khalra on several
occasions. On one particular occasion,
Mr. Sandhu even told Mr. Khalra that if
he did not desist from his activities he
would wind up on the list of
unclaimed/unidentified bodies cremated
by the Punjab Police.
I say that Mr. Khalra met Mr.
Gurcharan Singh Tohra, President,
Shiromani Gurdwara Prabandhak Committee
(in short SGPC) shortly before his
disappearance. He also met Justice Ajit
Singh Bains, a retired Judge of the High
Court of Punjab & Haryana at the same
time. To both these persons, Mr. Khalra
revealed the threats held out to him by
Mr. Ajit Singh Sandhu, the SSP of Tarn
Taran. A petition seeking protection
from the said Shri Ajit Singh was under
consideration/preparation on the date
that Mr. Khalra disappeared, i.e. on 6th
September, 1995. Affidavits affirming
these facts have been filed by both Mr.
Gurcharan Singh Tohra and Justice Ajit
Singh Bains in the Criminal Writ
Petition No. 447 of 1995. These
affidavits as well as others filed in
the said writ petition make it clear
that Mr. Ajit Singh Sandhu has held out
similar threats to the other members of
the team who investigated the cremation
grounds report.
A photo copy of the list of those
cremated as unclaimed/unidentified is
annexed hereto and marked as Annexure
‘p.1’". Along with the affidavit an alleged list of persons/bodies which were allegedly unclaimed and unidentified and stated to be cremated is given.
Mr. M.L. Sareen, learned Advocate-General, Punjab has very fairly stated that keeping in view the serious allegations levelled by the petitioner against the officers/officials of the Punjab Police, it would be in the interest of justice that the investigation in this matter be handed over to an independent authority. Even otherwise, in order to instil confidence in the public-mind and to do justice to the petitioner and his family it would be proper to withdraw the investigation from Punjab Police in this case. 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.
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 gorytale 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 appoint a high powered team 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 investigations.
The CBI shall complete the investigation regarding kidnapping of KHalra within three months of the receipt of this order. So far as the second investigation in concerned we do not fix any time limit but direct the CBI to file interim reports regarding the investigation in this Court after every three months.
We further direct the State of Punjab through Home Secretary and the Director General of Police to transfer Mr. Ajit Singh Sandhu, S.S.P., Tarn Taran out of the Districts of Tarn Taran and Amritsar. He shall not be posted in any adjoining District.
Copy of the order be sent to CBI, Director General, Punjab. Home Secretary, Punjab and Chief Secretary, Punjab.
To be listed after three months.