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2001 DIGILAW 1006 (PNJ)

Karnail Singh v. State Of Punjab

2001-09-11

V.M.JAIN

body2001
Judgment V.M.Jain, J. 1. This is petition under Article 226 of the Constitution of India, seeking an inquiry by the District and Session Judge, Gurdaspur, into the kidnapping and subsequent killing of Harpal Singh in a fake encounter by Kapurthala police and with a further direction to pay adequate compensation to the dependents of the deceased, Harpal Singh. 2. The allegations made in the petitioner were controverted by the other side. Vide order dated 10.7.1996, this Court had directed the Sessions Judge, Gurdaspur, to hold an inquiry into the averments made in the petition regarding the taking of Harpal Singh by respondent No. 3 and after recording evidence, the Sessions Judge was directed to submit his inquiry report, after recording the finding of fact on the said matter. It was further directed that the case shall be listed for hearing after receipt of the inquiry report from the Sessions Judge, Gurdaspur. 3. In pursuance of the said order, the District & Sessions Judge, Gurdaspur, held the inquiry and submitted his report dated 28.1.1997, in which the allegations made in the petition were not found established against the respondents. Thereupon, Karnail Singh, petitioner, filed objection to the inquiry report, in which he had complained that the investigation be entrusted to the CBI. 4. After hearing both the sides, this Court, vide order dated 18.11.1997, entrusted the case to the CBI with the direction to proceed in the matter expeditiously and to investigate the incident of kidnapping and whereabouts of Harpal Singh. It was further directed that the case shall be listed after the receipt of report from the CBI. Thereafter, the matter was investigated by the CBI. After investigation, the CBI found that a case under Section 364 read with Section 120-B, IPC, was made out against ASI Harinderpal Singh and other unknown Police Officials. The State Government issued necessary sanction to prosecute ASI Harinderpal Singh, vide order dated 24.10.2000. 5. Learned counsel for the petitioner has submitted that the present petition survives only with regard to the payment of compensation to the LRs of Harpal Singh, who was abducted on 17.7.1993 by ASI Harinderpal Singh and others. On the other hand, learned counsel for the State has submitted that no case for the grant of compensation is made out especially when nothing has come on the record to show that Harpal Singh has been murdered. 6. On the other hand, learned counsel for the State has submitted that no case for the grant of compensation is made out especially when nothing has come on the record to show that Harpal Singh has been murdered. 6. I have heard learned counsel for the parties and gone through the record carefully. 7. Learned counsel for the petitioner has submitted that in respect of kidnapping of Jagwinder Singh, Advocate form Kapurthala, after receipt of report of the CBI, the Honble Supreme Court had directed the State of Punjab to pay a sum of Rs. 10 lacs as compensation to the mother of Jagwinder Singh, Advocate, in Writ Petition (Criminal) No. 242-258/94, Navkiran Singh v. State of Punjab and others decided on 4.11.1996. It was further submitted that in respect of abduction and alleged murder of Kulwant Singh, Advocate, Ropar, after the receipt of the report from the CBI, the Honble Supreme Court had directed the Punjab Government to pay a sum of Rs. 10 lacs to the parents (father and mother of Kulwant Singh) as compensation, in Civil Appeal No. 7243 of 1993, Punjab and Haryana High Court Bar Association v. The State of Punjab, decided on 10.5.1996. It was further submitted that in respect of kidnapping of Jaswant Singh Khalra, General Secretary, Human Rights Wing of Shiromani Akali Dal, whose whereabouts were not still known, the Honble Supreme Court vide order dated 7.8.1996 had directed the Punjab Government to pay a sum of Rs. 10 lacs as interim compensation to the wife of the Jaswant Singh Khalra in Writ Petition (Criminal) No. 497 of 1996 Paramjit Kaur v. State of Punjab. It was further submitted that in Tarlochan Singh v. State of Punjab, Crl. W.P. No. 3342 of 1989, decided on 5.7.1996, this Court had directed the State of Punjab to pay a sum of Rs. 3 lacs to the legal heirs in respect of Kulwinder Singh @ Kid, who was allegedly kidnapped and eliminated by the local police, as per report of the Sessions Judge, Chandigarh and CBI was directed to register a case against the members of the police party. Reliance was also placed on the case Joga Singh etc. v. State of Punjab, bearing Crl. W.P. No. 524 of 1994, decided on 19.12.1996, vide which State of Punjab was directed to pay Rs. Reliance was also placed on the case Joga Singh etc. v. State of Punjab, bearing Crl. W.P. No. 524 of 1994, decided on 19.12.1996, vide which State of Punjab was directed to pay Rs. 3 lacs each to the 3 petitioners in respect of 3 deceased persons namely Rajwinder Singh. Mukhtiar Singh and Baljit Singh, in view of the finding of the Sessions Judge and the CBI was directed to register a case against the culprits. Reliance has also been placed on the law laid down by this Court, in the case Pritam Singh (died) v State of Punjab and others, bearing Crl. W.P. No. 346 of 1995, decided on 10.5.2001, reported as 2001(3) Recent Criminal Reports 569, vide which this Court had directed the Punjab Government to pay a sum of Rs. 3 lacs to the legal heirs of Santokh Singh, who had allegedly disappeared from the police custody and regarding whom the Sessions Judge, Jalandhar had made a report and registration of a case was directed by this Court against the police officials. Reliance was also placed on the law laid down by the Honble Supreme Court, in the case reported as 2000(2) RCR(Criminal) 250 (sic) Ajab Singh v. State of Uttar Pradesh, in which the Honble Supreme Court had directed CBI to register a case and conduct investigation into the circumstances of Rishipals death and State of Uttar Pradesh was directed to pay Rs. 5 lacs as compensation to the petitioners for the death of Rishipal, who had allegedly died while in judicial custody. 8. Learned counsel for the petitioner has also placed on the record list of legal heirs of Harpal Singh. Besides Karnail Singh (father of Harpal Singh), it has been alleged that Harpal Singh had left behind his widow Smt. Amarjeet Kaur and his two sons namely Gurminder Singh and Amritpal Singh aged 21 years and 19 years respectively. 9. The next question that comes up for consideration is as to how much amount should be awarded as compensation in this petition. The present case pertains to the death of Harpal Singh son of Karnail Singh, petitioner, aged about 45 years. The occurrence is stated to be of July, 1993. From the petition it is not possible to as to what Harpal Singh was doing at the relevant time nor the financial position of the family can be found. The present case pertains to the death of Harpal Singh son of Karnail Singh, petitioner, aged about 45 years. The occurrence is stated to be of July, 1993. From the petition it is not possible to as to what Harpal Singh was doing at the relevant time nor the financial position of the family can be found. It is also not known as to what the legal heirs of Harpal Singh including his father are doing. Considering that as per the report of the Distt. and Sessions Judge, Gurdaspur, prima facie, the allegations made in the petition against the police officials are not found to be established and thereupon the case was entrusted to CBI to investigate the case and after the completion of the investigation, the CBI has already submitted challan against ASI Harinder Pal Singh, after obtaining necessary sanction from the Punjab Government. Under these circumstances in view of the law laid down by the Honble Supreme Court and by this Court, in various authorities, referred to above, in my opinion, it is fit case where directions can be given to the Punjab Government to pay compensation to the legal heirs of Harpal Singh. However, taking into consideration that Harpal Singh was allegedly kidnapped by ASI Harinder Pal Singh and other police officials, and his whereabouts were not known since July, 1993, in my opinion, the ends of justice would be fully met in case Punjab Government through Chief Secretary is directed to pay a sum of Rs. 3 lacs as compensation to the legal heirs of said Harpal Singh, deceased. This amount shall be paid within 3 months from today. This amount of Rs. 3 lacs shall be adjusted towards the amount of compensation which might be awarded to them in any other proceedings in this regard. It is further directed that if ASI Harinder Pal Singh and/or any other police official is found guilty in this regard and is convicted, the Punjab Government would be at liberty to recover the aforesaid amount from him/them. 10. It is further directed that out of the aforesaid amount of Rs. 3 lacs, a sum of Rs. 1.50 lacs shall go to Smt. Amarjeet Kaur, widow of Harpal Singh deceased while the remaining amount of Rs. 10. It is further directed that out of the aforesaid amount of Rs. 3 lacs, a sum of Rs. 1.50 lacs shall go to Smt. Amarjeet Kaur, widow of Harpal Singh deceased while the remaining amount of Rs. 1.50 lacs shall be shared in equal shares by Karnail Singh (father) and Gurminder Singh and Amritpal Singh (sons) present petition stands disposed of accordingly.