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PETITIONER: NAVKIRAN SINGH & ORS.

       Vs.

RESPONDENT: STATE OF PUNAJAB THROUGH CHIEFSECRETARY & ANR.

DATE OF JUDGMENT02/07/1995

BENCH: KULDIP SINGH (J) BENCH: KULDIP SINGH (J) VENKATACHALA N. (J)

CITATION:  1995 SCC  (4) 591        JT 1995 (7)   477  1995 SCALE  (4)229

ACT:

HEADNOTE:

JUDGMENT:                     THE 2ND DAY OF JULY, 1995 Present:           Hon’ble Mr.Justice Kuldip Singh           Hon’ble Mr.Justice N.Venkatachala Mr.R.S.Sodhi, Adv. for the Petitioners. Mr.K.T.S.Tulsi, Additional Solicitor General, and Mr.R.S.Suri, Adv. with him for the Respondents.                     J U D G M E N T      The following Judgment of the Court was delivered:      Navkiran Singh & Ors.                V.      State of Punjab through Chief      Secretry & Anr.                     J U D G M E N T Kuldip Singh,J.      A letter-petition  dated May 29, 1994 by Navkiran Singh and 16  other advocates practising in the punjab and Haryana High Court  at Chandigrah and various other places in punjab voicing their  concern over  the  kidnapping/elimination  of advocates in  the State of punjab was addressed to the Chief Justice of India. Copies thereof were sent to all the Judges of  the   Supreme  Court.A   note  was   received  from  the residential office  of one  of us (Kuldip Singh,J.) desiring that the  letter be treated as a writ petition under Article 32 of  the Constitution  of India,  if permitted  under  the Rules, and  be  placed  before  an  appropriate  Bench.  The petition was  examined by  the PIL-Cell of the Supreme Court and it  was  decided  to  treat  the  letter-petition  as  a petition under Article 32 of the Constitution of India.      Paras 3 & 4 of the writ petition are reproduced hereunder :-      "3. The Punjab sitution is not unknow to      anybody.  Rather,   it   has   gone   to      International sphere.  The  most  talked      about mater  is the  failing of the rule

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    of   law   at   the   hands   of   State      Administration  and  its  law  enforcing      agencies, more  prominently  the  police      and   paramilitary   forces.   For   the      present, we  are not  concerned with any      other aspect  of  the  matter,  but  our      serious concern  is with  regard to  the      kidnapping of Advocates in Punjab by the      Punjab police and thereafter elimination      thereof, but taking the stand that their      whereabouts are not known to the police.      Ranbir Singh  Manshia, an  Advocate from      Bathinda was  kidnapped  by  the  punjab      police some  three years  ago and  uptil      now his  whereabouts are not made known.      Thereafter, Jagwinder Singh, an Advocate      from Kapurthala  was taken  away by  the      Punjab police  and possibly  was done to      death. Thereafter,  towards the start of      1993 Kulwant  singh, advocate  of Ropar,      his wife,  and  their  son,  only  1-1/2      Years old,  was kidnapped  by the  Ropar      police  (punjab)   and  after   a   long      persuasion of the matter, the State took      the stand  that they have been killed at      the hands  of a terrorist. The State was      not even  prepared to  investigate  into      the case and ultimately, the matter went      over to  the Supreme  Court  from  where      there was  a direction to probe into the      case  by  the  CBI,  which  is  yet  not      complete. It is a fact that Advocates of      Punjab, Haryana  and Chandigarh remained      on  strike   for  about  two  months  in      relation to the matter of Kulwant Singh.      With regard  to other Advocates also, at      some places, the Advocates also, at some      places, the Advocates went on strikes.      4.  Now   on  2.5.94,  Sukhwinder  singh      Bhatti,   Advocate    of   Sangrur   was      returning to  his  village  after  court      work. Earlier,  he used  to come  to the      courts on  a  scooter.  Sensing  trouble      from  the   police  there,   he  started      travelling in  the bus  with a view that      he will  be more  safe in the company of      public in  the bus.  It is  also  stated      that he  was made  to get  down from the      bus on  the date  referred to  above  by      some armed persons in plain clothes, who      were having  a vehicle  without  number.      There were  three eye  witnesses of  the      same  village   to  which   Shri  Bhatti      belongs. The  police posts on both sides      of the road were there from where he was      made  to  alight  from  the  bus.  Every      vehicle is to be checked especially when      it is  without number and is occupied by      persons having weapons. Therefore, there      cannot be  any other kidnapper excepting      the Punjab police people. Uptil now, his      whereabouts are not available, although,      the  police   registered   a   case   of      kidnapping. It  is a  strange  situation      that   when   the   police   is   itself

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    kidnapping,  a   false  case   is  being      registered and  its outcome  can well be      imagined. Various  Bar Associations  are      taking up  the matter  in different ways      by approaching  the State Administration      or seeking  legal remedy. It will not be      difficult to  predict that the kidnapped      Advocate will  suffer the  fate  of  the      type of  Mansahia, Jagwinder  Singh  and      Kulwant Singh."      It was,  inter alia,  prayed in  the petition  that the persons  responsible  for  kidnapping  and  killing  of  the advocates  be  suitably  punished,  appopriate  compensation should be paid to the kith and kin of kidnapped advocates by the State  and protection  and security  cover be  given  to those advocates  who happen to conduct cases of TADA, police excesses and human-rights violations.      This Court  on November  7, 1994  issued notice  to the State  of  Punjab  through  Chief  Secretary  and  the  Home Secretary.  Notice   was  also   issued  to   the   District Magistrates and  the Superintendents  of Police of Bathinda, Ropar and  Sangrur. The  State of  Punjab has filed reply to the writ  petition by  way of  affidavit  of  Karnail  Chand Banga, Deputy Secretary, Punjab, Department of Human Affairs and Justices, Chandigarh.      So far  as the  kidnapping and murder of Kulwant Singh, advocate  of   Ropar,  his  wife  and  his  small  child  is concerned,   this    Court   has   already   entrusted   the investigation to  the CBI  which is  being conducted  by the said agency. Similarly. V.K. Bali,J. of the Punjab & Haryana High Court  has  directed  the  CBI  to  hold  investigation regarding the  kidnapping on May 12, 1994 of Shri Sukhwinder Singh Bhatti,  advocate practising  in  District  Courts  at Sangrur. The  investigation so  entrusted to  the CBI by the High Court  is still  pending. So far as these two cases are concerned nothing  more need  be done.  The  result  of  the investigation by the CBI is awaited.      Shri Jagwinder  Singh alias  Happy, advocate Kapurthala was allegedly kidnapped by the police on September 25, 1992. Nasib Kaur,  wife of  Sukhdev Singh  and mother of Jagwinder Singh, advocate  lodged  the  first  information  report  on October 1, 1992 in the following words :-      "On 25.9.92  at about  6.30 A.M. myself,      my husband,  daughter and  two sons  and      daughter were  present in  the house.  I      was standing near the door, a gypsy blue      in colour  came from  the city  side  in      which  some   persons  in  uniform  were      sitting and  stopped in front of door of      our house.  One person with two stars on      his  shoulders,   height   about   5’-8"      alighted from  the gypsy and asked about      my son  Jagwinder Singh  @ Happy  who is      practising  lawyer   at   Jalandhar.   I      replied that  he is present in the house      and entered  the house  to call him. The      person wearing  two stars  alongwith two      other   men   in   uniform   immediately      followed me.  I introduced  them with my      son Jagwinder  Singh. They  said that he      is called  by officers  of staff. My son      Jagwinder Singh asked that he would come      himself to  the staff  but they  did not      agree. Myself  and Jagwinder  Singh came      out of  the house  with them  from where

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    they took  Jagwinder Singh  towards city      in the  gypsy. My husband also requested      them  that  he  will  produce  Jagwinder      Singh in  staff but  in vain. We kept on      searching our son Jagwinder Singh at our      own but  could not find any clue. My son      Jagwinder Singh  has been kidnapped by 5      sikh uniformed  persons and is kept some      where. Today  I was  coming to lodge the      report alongwith my husband but you have      met. Action  be taken. The statement has      been  heard  which  is  correct.  I  can      identify the  persons on seeing them. My      son  has   been  taken   away  with  the      intention to kill."      We have  carefully perused the reply filed on behalf of the State  of Punjab.  It has  been repeatedly stated in the reply that  efforts were  made  to  trace  Jagwinder  Singh, advocate but  he could  not  be  found.  Finally  Shri  R.L. Bhagat,  Superintendent  Police  Headquarters  came  to  the conclusion on  February 10,  1993 that  no clue was found in spite of  the best  efforts made  to  trace  Shri  Jagwinder Singh, advocate  and as such untraced report was filed which was accepted  by the  Magistrate concerned  on September  8, 1993.      So far  as the kidnappin of Shri Ranbir Singh Mansahia, advocate from  Bathinda is concerned, it is stated that case FIR No.  169 dated  September 12,  1991  was  registered  at police station  kotwali Bathinda regarding the kidnapping of the said  advocate. It  is repeatedly  stated in  the  reply filed by  the State of Punjab that investigation was made by various officers  from time  to time  to trace Shri Mansahia but with  no success.  It is finally stated that on November 11, 1992  Inspector Harmel Singh, CID, Patiala wrote summary report and  recommended that  untraced report be prepared in this case as no clue of Ranbir Singh Mansahia, advocate came to light  during investigation. Untraced report was filed on December 26,  1992 which  was accepted by the Chief judicial Magistrate, Bathinda on December 24, 1994.      We are  not satisfied with the reply filed by the State of Punjab. We are also not satisfied with the cryptic orders of  the  concerned  magistrate  who  accepted  the  untraced reports. We  are of  the view  that it  is necessary to have further investigation  by an independent agency which is not under  the   influence  of   the  Punjab  police  and  other authorities responsible  for the  law and order in the State of  Punjab.  No  citizen  of  this  country  much  less  the advocates  who   are  protectors  of  human  rights  can  be permitted to be kidnapped and eliminated in the manner it is alleged. In  any case we are unable to accept the version of the State  of Punjab  that the State machinery including the Punjab police  is not  in a  position to  trace the culprits responsible for the kidnapping of the advocates.      We,  therefore,  direct  the  CBI  to  investigate  the kidnapping of  Jagwinder Singh  and Ranbir  Singh  Mansahia, advocates and send a report to this Court within four months of the  receipt of this order. Copy of this order along with copy of  paper-book be  sent to  Director, CBI  to appoint a senior  officer   to  hold  investigation/inquiry  into  the kidnapping of the two above mentioned advocates and submit a report to  this Court  within the  specified time. We direct the Chief  Secretary, Home  Secretary, Director  General  of Police, Punjab,  the senior Superintendents of Police in the district concerned  and the  Punjab  police  in  general  to render all  held and assistance to the CBI in conducting the

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investigations as directed by us.      We are  of the  view that  the  State  of  Punjab  must provide  security  to  all  those  advocates  who  genuinely apprehend danger  to their  lives from militants/anti social elements in the State of Punjab. If the request for security is recommended  by the  district judge of the distric or the Registrar of the High Court it may be treated as genuine and the State Government may consider the same sympathetically.      The writ  petition is  disposed of  in the above terms. The Registry to place the report of the CBI before the Court as and when it is received.