JUDGMENT : 1. By our order dated 30th August, 1994 we had directed the Central Bureau of Investigation to investigate into the matter and submit a Report since it was alleged that four persons were arrested and taken into custody by the Punjab Police on 17th January, 1994 and were thereafter shot dead in cold blood on 25th January, 1994. In the Counter Affidavit, the allegation was strongly denied and even the factum of their arrest was not admitted. It was further averred that four persons named in the petition, namely, (1) Balwinder Singh @ Kala, (2) Balwinder Singh @ Baju, (3) Harjinder Singh @ Rana, and (4) Saroop Singh @ Suba were notorious terrorists who had perpetrated great atrocities in the area and had committed heinous crimes and were wanted since long by the Punjab Police and were traced on 25th January, 1994 when an encounter took place in which they were killed in exchange of fire. At that stage of the proceedings, we had before us two versions, one alleging that the said four persons were arrested on 17.1.1994 and killed in cold blood on 25th January, 1994 while in police custody whereas the second was that all the four persons were notorious terrorists/ criminals and when traced on 25th January, 1994 they engaged the police force in fire and in the said encounter they were killed. 2. One fact which emerged as an undisputed fact was that they were killed by police bullets. However, the question was whether they were killed in cold blood while in police custody or whether they were killed during an encounter with the police. This question had to be investigated. Since the Punjab Police was allegedly involved in the commission of the crime, we thought it appropriate that the investigation may be carried out by an independent agency, namely, the Central Bureau of Investigation. We must also mention that several affidavits had been filed by persons who claimed to have knowledge of the arrest of the four persons by the police. All that documentary evidence was also directed to be made available to the C.B.I. to assist it in carrying out the investigation.
We must also mention that several affidavits had been filed by persons who claimed to have knowledge of the arrest of the four persons by the police. All that documentary evidence was also directed to be made available to the C.B.I. to assist it in carrying out the investigation. The investigation could not be completed within the time allowed by that order and so the time was extended from time to time and now the Report of the Central Bureau of Investigation is received and we have perused the same. From the evidence collected by the C.B.I. it is prima facie found that a police party headed by Vivek Mishra. SP(OPS), Gurdaspur, and Baldev Singh Sekhon, DSP(D), Gurdaspur, had allegedly killed the four persons in a fake encounter pursuant to a criminal conspiracy hatched by 27 persons named in paragraph 43 of the Report. It is further stated that from the evidence on record a prima facie case of abduction and illegal confinement appeared to have been made out against SHO Pritam Singh, ASI Tara Chand and Inspector Joginder Singh. It is further stated that a prima facie case of criminal conspiracy to murder the said four persons was made out against the 27 persons named in the Report. In view of the aforesaid Report received from the C.B.I., a prima facie case appears to have been made out and further action in pursuance thereof is called for. 3. We take the Report of the C.B.I. on record and direct the C.B.I. to further process the case with a view to bringing the concerned persons allegedly involved in the commission of the crime to book. All steps that are necessary in this direction should be taken with despatch by the C.B.I. The State of Punjab will give full assistance to the C.B.I. to enable it to bring the culprits to book in accordance with law. 4. In view of the above order, nothing further remains to be done so far as this Court is concerned and the petitions will stand disposed of accordingly. However, the C.B.I. will have liberty to seek any direction it considers necessary from this Court if it encounters any difficulty in processing the cast as per this Court's direction.