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1996 DIGILAW 1395 (SC)

Pritam Kaur Baryar v. State Of Punjab

1996-08-05

KULDIP SINGH, S.SAGHIR AHMAD

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JUDGMENT : 1. This Petition under Article 32 of the Constitution of India has been filed by Pritam Kaur, alleging, inter alia, that her three brothers, namely Nishan Singh (26 years). Sukhdev Singh (24 years) and Jagjit Singh (22 years) were taken into custody by the Punjab Police on the night intervening 7/8th December, 1992, from the petitioner's residence in Bariyar Village of Gurdaspur District. Despite the best efforts of the family and their running from pillar to post, the whereabouts of the three brothers have not been traced. Some sort of investigation into the matter was done by the Punjab Police including the Crime Branch but with no results. This Court directed the CBI to hold investigation into the matter and file a report in this Court. The CBI has filed its final report dated May 23, 1996. Copies of the Report have been given to learned counsel for the parties. The Report runs into 91 pages and the evidence collected during the course of investigation has been discussed in details in the Report. The conclusions reached by the CBI in the report are as under : "(i) On the basis of evidence on record, a prima facie case of criminal conspiracy and abduction is made out against SI Mangat Rai, the then SHO, PS Sagar, Kapurthala, and others unknown. SI Mangat Rai was arrested on 17.5.199 (sic) and presently is in judicial custody. (ii) A prima facie case is also made out against DSP chaman Lal and Kuldip Singh under section 218 IPC. (iii) The elimination of Raffiq Massih, the sole eye witness in the case, in suspicious circumstances merits regular investigation by a competent Agency. This Hon'ble Court may kindly consider ordering the Punjab CID to conduct investigation into the matter. (iv) The inordinate delay in the registration of FIR in Gurdaspur Distt. is required to be brought to the notice of the Govt. of Punjab." 2. So far as the conclusion (iii) regarding elimination of Raffiq Massih is concerned, we do not agree with the Report that further investigation in this matter should be entrusted to the CID Branch of the Punjab Government. Since the CBI is already seized of the matter and most of the work has been done by the CBI, we are of the view that it would be in the interest of justice that the CBI should continue with the investigation. Since the CBI is already seized of the matter and most of the work has been done by the CBI, we are of the view that it would be in the interest of justice that the CBI should continue with the investigation. While saying so, we have no doubt in the efficiency of the CXD Branch of the Punjab Government. We, therefore, direct the CBI to hold further investigation regarding elimination of Raffiq Massih and file a report in this court on or before October 31, 1996. 3. The first conclusion re-produced above indicates that a prima facie case of criminal conspiracy and abduction is made out against Sub-Inspector Mangat Rai, the then SHO, PS Sadar, Kapurthala and others unknown. It is further stated that Sub-Inspector Mangat Rai was arrested on May 17, 1996 and presently is in judicial custody. Mr. R.S. Sodhi, learned counsel for the petitioner states that since the three brothers, according to the CBI report, have been abducted by the Police a case for criminal conspiracy for abduction and murder should be registered against the persons concerned. It is not for us to go into this question. As and when CBI files the charge sheet before the trial Court, it will be open to the petitioner to argue this aspect in accordance with law before the trial Court at the appropriate stage. 4. Mr. Kevel Singh, Superintendent of Police, CBI (Supervisory Officer) states that the charge sheet against Mangat Rai, DSP Chaman Lal and Kuldip singh shall be filed in the appropriate Court shortly. The CBI may send a copy of this Report to the Punjab Government through the Chief Secretary. CBI has adversely commented regarding the functioning of the Punjab Police so far as the investigation of this case is concerned. We have no doubt that the Punjab Government shall look into this aspect and do the needful which is required to be done. Aftar hearing Mr. Kevel Singh, we request the appropriate Authority in the State of Punjab through Mr. R.S. Sun, learned counsel that proper assistance in the shape of vehicle, security by the CRPF personnel, accommodation at various places and telephone shall be provided to the CBI officers. Mr. Suri states that he shall personally look into the matter and shall see that no difficulty is caused to the CBI investigating teams in the State of Punjab. 5. Mr. Mr. Suri states that he shall personally look into the matter and shall see that no difficulty is caused to the CBI investigating teams in the State of Punjab. 5. Mr. R.S. Sodhi, learned counsel for the petitioner has contended that the three brothers were allegedly abducted by the Police in the year 1992. He further states that the CBI Report has, prima facie, come to the conclusion that a case against sub-Inspector Mangat Rai is to be registered for criminal conspiracy and abduction. Be that as it may, the fact remains that three young sons, of a family were taken away and their whereabouts are not known till date. From the writ petition and also from the CBI Report, it is obvious that the family has been running from one officer to another to find out the whereabouts of the boys. 6. Keeping in view the facts and circumstances of this case, we are of the view that the father of the three young sons, who were abducted and not been traced is entitled to suitable compensation. We direct the State of Punjab through the Chief Secretary, Punjab to pay a sum of Rs. 10,00,000/- (Rs. ten lakhs) to Pyara Singh, father of the abducted boys. This shall be dons within two months from today. The amount shall be given in the shape of Demand Draft in the name of Pyara Singh. 7. Mr. Suri states that be shall inform the Court as and when the money is paid to Pyara Singh. 8. To come up on November 5, 1996.