Research › Browse › Judgment

Supreme Court of India · body

1992 DIGILAW 283 (SC)

Dilip K. Basu v. State of West Bengal

1992-03-13

B.P.JEEVAN REDDY, KULDIP SINGH

body1992
JUDGMENT : 1. Pursuant to this Court's Order dated 5th March, 1992, Shri A.P. Nanday, Deputy Director, Enforcement Directorate (FERA) Delhi Zone Office, Lok Nayak Bhawan, New Delhi has filed an affidavit on behalf of the Enforcement Directorate. The relevant part of the affidavit is re-produced as under: "Shri Sawinder Singh, Kanhaiya Singh and Waryam Singh and 7 others were issued summons under section 40 of the Foreign Exchange Regulation Act, 1973 requiring their immediate presence at the Delhi zonal Office, for recording their statements as it was necessary to seek their clarifications on the reported statements of S/Shri Manmeet Singh and Sardool Singh and also on the foreign exchange and documents seized from various premises and persons as aforesaid. These persons voluntarily accompanied the officers of the Directorate. Officials of the Enforcement Directorate alongwith these persons reached the office at 10.00 p.m. on 28.2.1992. Some police personnel requisitioned during the searches also came to the office at Lok Nayak Bhawan and were present. Thereafter, food was ordered for everybody. The food was served in two batches and was over around mid- night on 28.2.1992. Thereafter some of the persons were made to sit in separate rooms. Shri A.K. Narang, Enforcement Officer, who had issued summons under section 40 of the Foreign Exchange Regulation Act, 1973 to Shri Sawinder Singh started recording the statement of Shri Sawinder Singh, he being the main person named by Shri Manmeet Singh and Sardool Singh. Shri A.K. Narang was assisted by Shri Jaswant Singh, Assistant, Enforcement Officer, during the interrogation. Shri R.K. -Sharnma, Assistant Director, who was supervising the entire follow up actions were also present in the office till 1.00 a.m. on 29.2.92, when he left for his residence. After Shri Sawinder Singh had written his statement of about two and a half pages, he requested for a glass of water. The said statement has been reported to be missing for which a complaint was lodged in the P.S. Tughlak, Road. Shri Narang, instructed Shri Jaswant Singh, Assistant Enforcement Officer to arrange for a glass of water for Shri Sawinder Singh. According to Shri Narang, the time at this Order dated March, 13, 1992 in W.P. (Crl.) No. 539/86 with WP (Crl) No. 592 (with Matter Death of Sawinder Singh Grover). juncture would have been around 1.20 a.m. approximately on 29.2.1992. Shri Narang, instructed Shri Jaswant Singh, Assistant Enforcement Officer to arrange for a glass of water for Shri Sawinder Singh. According to Shri Narang, the time at this Order dated March, 13, 1992 in W.P. (Crl.) No. 539/86 with WP (Crl) No. 592 (with Matter Death of Sawinder Singh Grover). juncture would have been around 1.20 a.m. approximately on 29.2.1992. Shri Jaswant Singh went outside the room for arranging a glass of water and as reported by Shri A.K. Narang, Shri Sawinder Singh got up, proceeded towards the closed window and opened the latch. Shri Narang enquired from him about his movements but shri Sawinder Singh instead of reply to Shri Narang's query suddenly climbed on the projection of the window, which is roughly at a height of 3 feet from the floor of the room. Shri Narang, was caught unaware and he tried to catch hold of him and pull back into the room. Shri Narang, Shri Sawinder Singh was uttering that he should be allowed to die and since Shri Sawinder Singh who was physically stronger than Shri Narang, jumped out of the room and met Shri Jaswant Singh in the corridor, who had gone out of the room for arranging water for Shri Sawinder Singh. Shri Jaswant Singh on hearing from Shri Narang about the jumping out of Shri Sawinder Singh immediately rushed down-stairs alongwith Shri Narang and Driver on Control Room duty Shri Gobind Bahadur. Shri Jaswant Singh, Shri Gobind Bahadur, Driver and one of the two police constables who were already present at the spot, rushed Shri Sawinder Singh to Dr. Ram Manohar Lohia Hospital, New Delhi. According to Shri Jaswant Singh who had taken Shri Sawinder Singh to Dr. Ram Manohar Lohia Hospital, the doctors of duty declared Shri Sawinder Singh "brought dead." 2. We have perused the affidavit. We are satisfied that the matter needs further probe under our supervision. We, therefore, direct the District and Session Judge, Delhi to nominate a Senior Additional District and Session Judge, Delhi to investigate/enquire into the circumstances leading to the death of Sawinder Singh while allegedly in the custody of the Enforcement Directorate. He shall enquire into the truth or otherwise of the circumstances disclosed in the affidavit filed by Shri A.P. Nanday, in this Court. He shall enquire into the truth or otherwise of the circumstances disclosed in the affidavit filed by Shri A.P. Nanday, in this Court. The District and Sessions Judge shall nominate the Additional District and Session Judge within 3 days of the receipt of this Order. The investigation/inquiry shall be completed within 4 weeks thereafter andn a report be sent to this Court. The Enforcement Directorate through the Attorney General is directed to be present before the District and Session Judge on Tuesday i.e., 17.3.92 for further directions. The widow of deceased Sawinder Singh may also be represented before the District and Sessions Judge/ Additional District and Sessions Judge. The inquiring Additional District and Sessions Judge may summon or call anyone as he may deem necessary and relevant for the purposes of this case. To be listed on 1st May, 1992. Registry is directed to send copies of this Court's Order dated March 5th, 1992, the affidavit of Mr. A.P. Nanday and this order to the District and Sessions Judge, Delhi by 4 p.m. tomorrow. Compliance to be recorded on File.