Punjab-Haryana High Court
Gurbachan Kaur And Ors vs State Of Punjab on 14 November, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
Civil Writ Petition No.11506 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.11506 of 2011
Date of decision: 14.11.2014
Gurbachan Kaur and another .....Petitioners
Versus
State of Punjab and others .....Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Mr. G.S. Kaura, Advocate,
for the petitioners.
Mr. Rupam Aggarwal, DAG, Punjab.
*******
R ITU BAHRI, J.
The petitioners are seeking direction to respondent Nos. 1 to 3 to hand over the investigation of FIR No.96 dated 26.08.1992, under Sections 307/34 IPC and Sections 25/27/54/59 of Arms Act, registered at Police Station, Sadar Khanna, in which fake encounter was conducted by respondent Nos.6 and 7.
Son of petitioner No.1 and brother of petitioner No.2 namely Gurcharan Singh @ Charani, aged about 28 years, was arrested in FIR No.77 dated 19.12.1990, under Sections 307/34 IPC and Sections 3, 4 of TADA Act. In that regard, he was facing Session Trial No. 61P/99 dated 12.06.1991 in the Court of Additional Judge, Designated Court, District Jail, Nabha. He was lodged in Nabha Jail and vide order dated 30.04.1992 (Annexure P-1) was got released on interim from 05.05.1992 to 14.05.1992 by the police by submitting forged documents in the Court in order to attend AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.11506 of 2011 2 the marriage of petitioner No.2.
Marriage of petitioner No.2 was never fixed and respondent No.6 along with some other officials hatched a conspiracy and by forging the signatures of Gurmeet Singh, Bakshish Singh, Darshan Singh, Labh Singh and Jeet Singh made an application before the Designated Court that they wanted to attend the marriage of petitioner No.2. The bail bonds (Annexure P-2) were furnished on 13.05.1992 by forging the signatures of Parman Singh Annexure P-3. On 26/27.08.1992, the family of the petitioners came to know that Gurcharan Singh had been killed in an encounter and in this regard, FIR No.96/26.08.1992, under Sections 307/34 IPC and Sections 25/27/54/59 of Arms Act has been registered. Thereafter, the petitioners made various applications (Annexures P-4 to P-6) to the senior officers for conducting investigation into the matter. The investigation was conducted by Superintendent of Police, Khanna and report thereof (Annexures P-7 and P-8), was sent to the DIG on 10.08.2008. In the enquiry, it was concluded that Gurcharan Singh, son of petitioner No.1 was released on bail from Nabha Jail by the Chief Judicial Magistrate, Patiala and he was killed in police encounter in the intervening night of 25/26.8.1992 in the area of Police Station, Sadar Khanna. In this regard, FIR No.96 dated 26.08.1992, under Sections 307/34 IPC was registered at Police Station, Sadar Khanna. In the enquiry, it has also been stated that statements Parman Singh and Gurmeet Singh, Sarpanch, who had given bail bonds for the release of Gurcharan Singh, were recorded, wherein they have stated that they had not submitted the bail bonds of Gurcharan Singh. They have also stated that the bail bonds did not bear their signatures.
In the background of the above facts, a direction is being AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.11506 of 2011 3 sought by the petitioners to investigate the circumstances, in which Gurcharan Singh was released on interim bail with forged bail bonds and thereafter, he was killed in a fake encounter.
Upon notice, written statement on behalf of respondent Nos. 1, 3, 5 and 6 has been filed, stating therein that the incident had taken place in the year 1992. Pursuant to the representation made by petitioner No.1, a thorough enquiry was conducted by Senior Superintendent of Police, Khanna-respondent No.5. In the enquiry, it came to light that Gurcharan Singh alias Charni (son of petitioner No.1 and brother of petitioner No.2) was lodged in Nabha Jail in case FIR No.77 dated 19.12.1990, under Sections 307/34 IPC and Sections 3, 4 of TADA Act. One K.S. Nagra, Advocate, had appeared on behalf of said Gurcharan Singh alias Charni and submitted an application for grant of concession of interim bail on the ground that he had to attend the marriage of his brother i.e. petitioner NO.2. An affidavit of Gurmit Singh, Sarpanch, Gram Panchayat, Village Bhamia, supported by Bakhshish Singh, Jit Singh, Darshan Singh and Labh Singh, Members Panchayat, was annexed along with the application. The interim bail was granted by the Designated Court, District Jail, Nabha.
On 25.08.1992, SI Gurdial Singh was on patrolling duty along with police party and in an encounter with the police, aforesaid Gurcharan Singh alias Charni was killed. In this regard, FIR No. 96 dated 26.08.1992, under Sections 307/34 IPC and 25/27/54/59 of Arm Act, was registered at Police Station, Sadar Khanna. The other companion of said Gurcharan Singh @ Charni had run away at the time of encounter, who were later on killed in another encounter. In the case of aforesaid FIR i.e. FIR No.96, an untraced report was prepared on 28.12.1992. It has been further stated that AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.11506 of 2011 4 the petitioners have filed this petition after a gap of almost 20 years, by levelling false allegations against the police and by putting forth the wrong version of facts. The release orders were passed by the Additional Judge, Designated Court, Nabha, which is in the territorial jurisdiction of Senior Superintendent of Police, Patiala.
In a separate reply filed by the Deputy Superintendent of Police, Nabha, on behalf of respondent No.4, it has been stated that Shri K.S. Nagra, Advocate, had appeared on behalf of Gurcharan Singh alias Charni and applied for grant of concession of interim bail. Along with the application for bail, an affidavit of Gurmit Singh, Sarpanch, Gram Panchayat, Bhamia, supported by Bakhshish Singh, Jit Singh, Darshan Singh and Labh Singh, Member Panchayat, was annexed. The bail was being sought to attend the marriage of his brother i.e. petitioner No.2. Pursuant to this application, interim bail was granted by the Additional Judge, Designated Court at District Jail, Nabha. It was Mr. K.S. Nagra, Advocate, who had appeared and made application with the supportive documents. It has been further stated that respondent No.4 i.e. Senior Superintendent of Police, Patiala cannot depose with regard to the application, initiated by Mr. K.S. Nagra, Advocate, before the Court, upon which, concession of bail was granted to Gurcharan Singh son of petitioner No.1.
Learned counsel for the petitioners has argued that after registration of FIR No. 96 dated 26.08.1992, under Sections 307/34 IPC and 25/27/54/59 of Arm Act, a proper investigation has not been carried out by the police. Gurcharan Singh, son of petitioner No.1 was killed in a fake encounter and investigation of this FIR should be referred to the Central AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.11506 of 2011 5 Bureau of Investigation (CBI).
This prayer of the petitioners cannot be accepted, as untraced report was prepared in this case on 28.12.1992. The petitioners have not initiated any action against Mr. K.S. Nagra, Advocate, who had filed bail application for release of Gurcharan Singh alias Charani from Nabha Jail. The said Advocate had annexed affidavit of other persons of village stating that petitioner NO.2 was to get married and had sought the concession of interim bail.
Another fact, which needs to be taken note is that in the investigation dated 10.08.2008 (Annexure P-7) carried out by the Senior Superintendent of Police, Khanna, it has been so stated that statements of Jivan Singh, Parman Singh and Gurmeet Singh, Sarpanch, were recorded, who stated that they had not submitted any bail bonds for release of Gurcharan Singh. They had denied their signatures on the bail bonds. The bail bonds had been expired on 03.01.1998. The petitioners have not chosen to take any action or make a complaint against K.S. Nagra, Advocate, who had appeared on behalf of Gurcharan Singh @ Charani and had applied for bail. It was K.S. Nagra, Avocate, who had prepared the application for grant of bail along with affidavits of Gurmeet Singh, Sarpanch, Bakhshish Singh, Jit Singh, Darshan Singh and Labh Singh, Member Panchayat. Therefore, he was responsible for proceeding with the application for grant of bail, which was finally allowed by the Court of Sh. S.K. Chopra, Additional Judge, Designated Court, District Jail, Nabha. In this background, the presence of Gurcharan Singh at Khanna, where an encounter had taken place in which he was killed, cannot be shifted to the police of District Patiala. On 26.08.1992, FIR No. 96, under Sections AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.11506 of 2011 6 307/34 IPC and 25/27/54/59 of Arm Act was registered at Khanna. Thereafter, an untraced report was prepared on 28.12.1992. The petitioners have admitted that they came to know on 26/27.08.1992 that aforesaid Gurcharan Singh had been killed in an encounter. Despite having the knowledge of his death and untraced report dated 28.12.1992, the complaint was made on 17.10.2008 (Annexure P-4) for conducting investigation in the fake encounter of Gurcharan Singh. This application was made before the Chief Minister during 'Sangat Darshan' for initiating investigation regarding earlier application, which was given in 2008. On this application, an enquiry was conducted by Senior Superintendent of Police, Khanna and the report was sent to the Deputy Inspector General of Police, Punjab, on 10.08.2008 (Annexure P-7). In this enquiry report, it was observed that Gurcharan Singh had been released on bail by the Chief Judicial Magistrate, Patiala on 14.05.1992. The persons, who had given the bail bonds were called for investigation. However, they denied their signatures on the bail bonds. Moreover, the process of granting of bail was initiated at Patiala. As per enquiry report (Annexure P-7), during the intervening night of 25/26.08.1992, ASI Gurdial Singh, SHO, Police Station, Sadar Khanna, along with police party had conducted a naka bandi at 'Puli Sua' of vilage Bagaur, in the meantime, some Sikh persons were seen coming from the side of village, who were signaled to stop. Instead of stopping, they started firing on police party. Police party also fired in self defence. Thereafter, dead body of a person was found in the fields. In this regard, FIR No.96 dated 26.08.1992 was registered. The person, who had died in the incident, was identified by ASI Baldev Singh, CIA Staff, Khanna, as Gurcharan Singh son of Banta Singh, resident of village Bhamia. The enquiry officer AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh Civil Writ Petition No.11506 of 2011 7 was further informed that there were four other FIRs registered against him in the year 1990. This was the reason, why Gurcharan Singh had opened fire on the police party and he was killed in self defence during police encounter.
After going through the enquiry report (Annexure P-7), it can be concluded that the incident, which had taken place on 25/26.08.1992 in the area of Police Station, Sadar Khanna, the department of police (District Patiala) had no role to play in getting Gurcharan Singh son of petitioner No.1 releeased on bail from the Jail. The son of petitioner No.1 was facing criminal trials in four FIRs. He was facing sentence in Nabha Jail. His bail application was filed by K.S. Nagra, Advocate, which was allowed on 14.05.1992. The petitioners did not raise any complaint against the said Advocate despite the fact that they came to know that their son had died on 26/27.08.1992. Hence, this Court has no hesitation to accept the enquiry report dated 10.08.2008 (Annexure P-7).
Resultantly, prayer of the petitioners for referring the matter to CBI for further investigation is rejected.
Dismissed.
(RITU BAHRI) 14.11.2014 JUDGE ajp AJAY PRASHER 2014.11.15 11:49 I attest to the accuracy and authenticity of this document High Court Chandigarh