ORDER 1. The petitioner seeks a writ of habeas corpus to secure the release of brothers - Nishan Singh, Sukhdev Singh and Jagjit Singh who according to her, were taken away illegally by the Punjab Police from her house in the night between 7-12-1992 and 8-12-1992. Various steps were taken to trace them, but all possible efforts having failed, this petition under Article 32 of the Constitution was filed on 1-3-1994. After taking it on board on 2nd March, notice was issued making the same returnable on 9-3-1994. 2. Since then, the case has been adjourned on a number of occasions primarily to enable the Superintendent of Police, CID/Crime, Punjab to complete the investigation. As finalisation of investigation was getting delayed and the petitioner was becoming impatient, and rightly, it was stated in the order dated 22-7-1994 that enquiry by the Crime Branch must be completed as assured on behalf of the State and no further time would be given. Even so, time was being extended on prayer on behalf of the State. Finally, the enquiry report was filed in November and learned Additional General fairly stated that he would show the same to Shri Sodhi, appearing for the petitioner. This was done and we heard learned counsel for the parties on 14th December. 3. We have perused the report of the SP concerned. He has mentioned about eight possibilities as to who could have abducted the "trio", meaning the three brothers of the petitioner, and where the trio presently could be. The possibilities related to abduction by one or the other District Police of Punjab. The report states that such possibility is ruled out for which lye been assigned which are based basically on what witnesses are said to have stated during investigation. The possibility of liquidation by terrorists has not been ruled out, though abduction due to land dispute does not seem probable, according to the report. It further says that the petitioner being wedded to the extremist philosophy and given her background (her late husband being Personal Assistant to late Jarnail Singh Bhindranwale and one of her near relations being married to Waryam Singh, younger brother Satwant Singh, one of the assassins of late Prime Minister Smt Gandhi) she is perhaps aware about the whereabouts of her three brother 4.
Learned Additional Solicitor General has prayed to allow further to find out where the three abducted persons are - the information be that it may be that they are in Pakistan. Shri Sodhi, on the other hand, p that in view of the facts and circumstances of the case, including background of the petitioner, no useful purpose would be served by give any further time to CID or Crime Branch of Punjab Police, as the case heavily loaded against that police. So, according to the learned counsel, it fit case where the Central Bureau of Investigation (CBI) should be asked investigate and find out the truth. 5. We have considered the rival submissions. According to us, submission of Shri Sodhi merits acceptance because of the fact that allegation of the petitioner is about abduction by the Punjab Police, and s would be more appropriate to get the investigation made from an age other than the Punjab Police. Therefore, we direct CBI to investigate into matter, who would do so within six months from the date of receipt of order and submit its report to this Court soon after completion of the investigation. 6. The case would be put up for further hearing immediately after receipt of the report. 7. A copy of this order, along with a copy of the writ petition and the counter-affidavit filed on behalf of the State of Punjab, to be transmitted the Registry within a week from today to the Director, CBI for his doing the needful.