Judgment Jora Singh, J. 1. Nirmal Kumar son of Hans Raj, r/o H. No. B-III/53, Street No. 3, Near Clock Tower, Faridkot, appeared in person on 5.5.1998 before Honble Mr. Justice Swatanter Kumar, Judge, camp at Faridakot, and submitted his affidavit. Affidavit of Nirmal Kumar was ordered to be treated as Crl. Misc. Petition on judicial side. 2. Notice to the State was issued returnable on 15.5.1998, with a direction that it be listed before him on the date fixed subject to the appropriate orders of Honble the Chief Justice. On 15.5.1998, Mr. Sushant Maini, DAG, Punjab, appeared on behalf of the State. Registry was also directed to provide a counsel as amicus curiae to the petitioner. Mr. Vikas Chatrath, Advocate, was appointed as amicus curiae. Notice was issued to SSP, Faridkot, to dispute an officer of an appropriate rank to assjst the State counsel in filing reply. State filed reply by way of affidavit of Jasvir Singh, DSP, Sub Division, Moga. Affidavit of Nirmal Kumar dated 5.5.1998 is to the effect that his son Bhagat Ram @ Bobby, aged about 16 years, was murdered along with Bharpur Singh on the intervening night of 27/28.12.1990 by ASI Mangal Singh and his naka party, after stopping their car. After murdering the innocent boys, ASI Mangal Singh got registered FIR No. 101 dated 28.12.1990, PS Sadar, Moga, with the connivance of other police officials. Telegram was also sent to the Governor, Punjab, along with a petition on 29.12.1990 by the father of Bharpur Singh. A report by human rights activist Dr. Jiwan Jyot appeared in the daily Ajit newspaper dated 5.1f991 to the effect that after investigation, she is of the opinion that innocent boys were murdered by the police officials. Nirmal Kumar had appeared before the Deputy Commissioner, Faridkot, appointed as Investigating Officer by the Home Department and Punjab Vigilance, but despite complaints, DSP Paramjit Singh under the orders of SSP, Faridkot, forced the wife of Nirmal Kumar to claim compensation of Rs. 20,000/- and Rs. 30,000/-. DSP Bal Kishan Bali and other police officials had also pressurized. Nirmal Kumar to withdraw the complaint against the police officials. 3. Reply by the State in the shape of affidavit of Jasvir Singh, DSP, Sub Division, Moga, shows that on 28.12.1990, police party headed by ASI Mangal Singh was holding nakabandi at Bus Stand Khukharana. 20,000/- and Rs. 30,000/-. DSP Bal Kishan Bali and other police officials had also pressurized. Nirmal Kumar to withdraw the complaint against the police officials. 3. Reply by the State in the shape of affidavit of Jasvir Singh, DSP, Sub Division, Moga, shows that on 28.12.1990, police party headed by ASI Mangal Singh was holding nakabandi at Bus Stand Khukharana. At about 12.20 A.M. during night time, 4/5 terrorists came from the side of Village Mahasery and started firing on the police party. In defence, the naka party also started firing with their respective weapons towards the terrorists. ASI Mangal Singh through wireless informed other naka parties. ASI Jagmail Singh, who was also holding a nakabandi at Bus Stand Ghalkalan, informed ASI Mangal Singh that one Maruti Car of white colour and one Maruti Car of coca cola colour were signalled to stop, but instead of stopping the vehicles, the occupants of the vehicles drew away the cars towards the side where police party headed by ASI Mangal Singh was holding a nakabandi. There was a cross firing between the extremists and the naka party. Meanwhile both the cars came at the place of naka where cross firing between the police and extremists was going on. Bharpur Singh and Bobby received injuries in the cross firing by the police party and the extremists accidentally. Nirmaljit Kumar has already received a compensation of Rs. 4.00 lacs from the Punjab Government. Brother of Booby was appointed as Clerk in the Education Department on compassionate ground. Terrorists were eliminated in Police encounter in the area of Village Randhawa, District Muktsar. Cancellation report (Annexure R-l) was attached with the affidavit. 4. Learned counsel for the petitioner argued that Bharpur Singh and Bhagat Ram in Car. No. DBB-5330 driven by Satnam Singh son of Ajit Singh were returning from Moga side. Police party headed by ASI Mangal Singh was holding a nakabandi near Bus Stand Khukharana. Car was stopped. Occupants of the car requested the police party to check the car, but Bhagat Ram and Bharpur Singh were murdered by the police party. In case terrorists had attacked the police party, then some of the police officials were expected to be injured, but no one from the police party received even simple injury. Car was stopped. Occupants of the car requested the police party to check the car, but Bhagat Ram and Bharpur Singh were murdered by the police party. In case terrorists had attacked the police party, then some of the police officials were expected to be injured, but no one from the police party received even simple injury. Story of the police party is to the effect that when the police party headed fully armed came and started firing to eliminate the police party. ASI Mangal Singh through wireless has informed the other naka parties. Police party headed by ASI Jagmail Singh was holding nakabandi at Bus Stand Ghalkalan. Two maruti cars, one of white colour and the second coca,cola colour, came from the side of Moga and were signalled to stop, but the car drivers did not stop the vehicles and had gone towards the side where police party headed by ASI Mangal Singh was holding nakabandi. In case car drivers had failed to stop the cars in spite of signal, then police party headed by ASI Jagmail Singh could easily fire to stop the vehicles. Police party headed by ASI Jagmail Singh should have chased the vehicles. In case encounter was going on amongst the terrorists and the police party, then car drivers and other occupants of the cars were not expected to proceed further. Deceased were not armed. Satnam Singh was the driver of the car, but Satnam Singh did not receive any injury. Car was also not damaged. Satnam Singh also filed his affidavit to the effect that story of the prosecution is not correct one. Second car driven by Vijay Kumar was noticed near Talwandi Chowk. Story was concocted that terrorists, who had attacked the police party, were eliminated in the police encounter on cancellation report was submitted. Learned counsel for the petitioner further argued that investigation of the police to find out whether the death of young boys was accidental in the cross firing or they were eliminated without any reason or fault of the deceased. 5. Learned State counsel argued that 4/5 terrorists on the intervening night of 27/28.12.1990 after reaching the house of Jagjit Singh at 11.00 P.M. had gone towards Khukharana. Police party headed by ASI Mangal Singh was holding a nakabandi near Bus Stand of Village Khukharana. Terrorists started firing to eliminate the police party. 5. Learned State counsel argued that 4/5 terrorists on the intervening night of 27/28.12.1990 after reaching the house of Jagjit Singh at 11.00 P.M. had gone towards Khukharana. Police party headed by ASI Mangal Singh was holding a nakabandi near Bus Stand of Village Khukharana. Terrorists started firing to eliminate the police party. In the meantime, two cars came from the side of Moga. Earlier both the cars were signaled to stop by the police party headed by ASI Jagmai 1 Singh while holding nakabandi near Bus Stand Gallkalan. Instead of stopping the cars, the cars, had gone towards Khusharana. One car driven by . Vijay Kumar did not stop and had gone towards Talawandi Chowk. Second car was driven by Satnam Singh. Both the deceased were in that car and in the cross firing, Bharpur Singh and Bhagat Ram had received fire arm injuries. Death of both the boys was accidental. Police party had no intention to eliminate the boys. After firing, terrorists had fled away from the spot. Later on, those terrorists were eliminated in the police encounter in the area of Village fault. Cancellation report was rightly submitted. Nirmal Kumar received a sum of Rs. 4.00 lacs as compensation. Brother of second deceased got employment. 6. Along with the affidavit of Jasvir Singh, DSP cancellation report was attached. As per story, police party headed by ASI Mangal Singh was holding nakabandi near Bus Stand Khukharana and there was an encounter with the terrorists, but very strange that no one, either from the side of the terrorists or the police party, had received even a simple injury. 7. Story was introduced that one Jagjit Singh @ Kau @ Pardhan remained in jail. Terrorists were known to him. On the intervening night of 27/28.12.1990 at 11.00 P.M. some one knocked his door by saying that he is Shera @ Shamsher Singh son of Dial Singh, residence of Village Mahika, and there are some Singhs with him. Door was opened. Dara Singh son of Gurdip Singh Karam Singh @ Darji son of Harbans Singh and Rajwinder Singh @ Karma son of Bahagwan Singh were present with Shamsher Singh. All were armed with AK 47 rifles. They had requested Jagjit Singh to serve tea, as they wanted to go to Village Road. Door was opened. Dara Singh son of Gurdip Singh Karam Singh @ Darji son of Harbans Singh and Rajwinder Singh @ Karma son of Bahagwan Singh were present with Shamsher Singh. All were armed with AK 47 rifles. They had requested Jagjit Singh to serve tea, as they wanted to go to Village Road. After taking tea, they were towards Bus Stand of Village Khukharana and after some time when firing was stopped, in the morning, he (Jagjit Singh), came to know that Shamsher Singh and others had fired on the police party and in self defence, police party had returned fire on the police party had returned fire and during cross firing, two maruti cars were also caught into the encounter. One car had gone towards Tailwandi Chowk due to fast speed, whereas two occupants of the second car died due to firing. 8. In case the cars, one driven by Satnam Singh and the second by Vijay Kumar, did not stop despite signal by the police party headed by ASI Jagmail Singh, then police party headed by ASI Jagmail Singh should have fired and chased the cars to stop. Cars had gone towards the Bus Stand of Village Khukharana, where the police party headed by ASI Mangal Singh was busy in the encounter. One car did not stop and had gone towards Talwandi Chowk. Second car driven by Satmam Singh was caught in the cross firing, but Satnam Singh, driver of the car, was not injured. Question is whether the car driven by Satnam Singh was also damaged in the firing. Copies of the postmortem reports show that while sitting in the car, injuries were not possible. Case in hand is required to be thoroughly investigated as to whether Satnam Singh was driving car No. DBB- 5330; whether Jagjit Singh @ Pradhan, r/o Village Mahasery, ever remained in jail and when he was in jail, whether Shamsher Singh, Dara Singh, Karam Singh and Rajwinder Singh were in the jail; and whether the above said terrorists as per police were rightly eliminated in the police encounter in the area of Village Randhawa on 31.12.1990. 9. In case heirs of the deceased received compensation or got employment on compassionate ground, then question is whether a clean chit is to be given to the police officials. 9. In case heirs of the deceased received compensation or got employment on compassionate ground, then question is whether a clean chit is to be given to the police officials. Whether seat of injuries suggests that injuries were possible in cross firing while sitting in the car and why no injury was received by the driver. 10. Without any comments on the merits of the case, I am of the opinion that thorough investigation is required as to whether encounter was genuine or fake; whether death of Bhagat Ram and Bharpur Singh was accidental or they were murdered in view of the affidavits of Nirmal Kumar and Satnam Singh. 11. To separate grain from the chaff and to find out the truth, Special Investigating Team is ordered to be constituted to be headed by Inspector General level police officer of repute. 12. Director General of Police, Punjab, is to appoint any police officer of the rank of Inspector General within one month from the receipt of the order. Special Investigating Team headed by Inspector General of Police level officer is to thoroughly investigate the matter in dispute and submit report within three months for further action. The petition is disposed of accordingly.