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PETITIONER: SMT. HARBANS KAUR

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT16/12/1994

BENCH: SEN, S.C. (J) BENCH: SEN, S.C. (J) JEEVAN REDDY, B.P. (J)

CITATION:  1995 SCC  (1) 623        JT 1995 (1)   240  1994 SCALE  (5)279

ACT:

HEADNOTE:

JUDGMENT: 1.   This is a habeas corpus petition filed  by         Smt. Harbans Kaur.  The petitioner prays for a direction upon the Director  General  of  Police, State of  Punjab,  and  other respondents,  to produce the petitioner’s sons Surinder  Pal Singh  and  Sarvjeet Singh.  There is also a prayer  for  an order  directing inquiry into the cause of death  of  Gurbax Singh.   The  allegation  is that the Gurbax  Singh  was  in police custody from 3rd April, 1994 till date of his death. 2.   It  has been alleged in the petition that Surinder  Pal Singh,  Gurbax Singh, Sarvjeet Singh and Manjit  Singh,  the sons  of the petitioner, were married and were  living  with their   families  at  1619/2,  Durgapuri,  Habowal,   Kalan, Ludhiana,  Punjab, along with their mother,  the  petitioner herein. 3.   On 3.4.1994 Surinder Pal Singh was called to the Police Post  through a Constable.  Since then his whereabouts  were not  known and it was alleged that he was kept  in  unlawful custody  of  Police  and had not been  produced  before  any Magistrate.   The  petitioner  made  representation  to  the Director  General  of  Police and  various  other  important persons of the State, but to no avail. 4.   It has been alleged that on 27.4.1994one Constable came to  the house of the petitioner and asked for Gurbax  Singh. The Constable stated that if Gurbax Singh appeared before SI Surjit  Chand  Sharma,  then Surinder  Pal  Singh  would  be released from police custody. 5.   On 24th June, 1994, Sarvjit and Manjit  applied     for anticipatory bail in the Court     of  Additional   Sessions Judge,Ludhiana,  and an interim order was passed.  The  case was adjourned till 29.6.1994. 6.It has been further alleged that on 5.6.1994the third  son of the petitioner Sarvjeet Singh was picked up by SI  Surjit Chand Sharma.  He was also not produced before the Court. 7.It  has also been alleged that Gurbax Singh was  taken  to the police custody on 27.4.1994 and was mercilessly  beaten.

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When his condition became very critical, the Police got  him admitted  in  the Hospital D.M.C., Ludhiana,  on  9th  June, 1994.  On 12th June, 1994 he was declared dead.  It was  the contention of the petitioner that none of the three sons  of the petitioner were ever produced before the Court. 8.In the affidavit filed on behalf of the respondent, it has been  stated that on 4.4.1994 an F.1.R. was filed  in  which allegations  were  made that five  persons,  namely,  Gurbax Singh, Surinder Pal Singh, Sarvjeet Singh, Manjit Singh  and Puran Singh, had committed offences under the provisions  of Sections 420/408/468/471/ 148 and 411 of Indian Penal  Code. The 242 first four persons were the sons of the writ petitioner  and the  fifth  person was a truck  driver.   After  preliminary inquiries, Surinder Pal and Sarvjeet Singh were arrested  on 23rd   June,  1994  and  were  produced  before  the   local Magistrate  on 24.6.1994. The Judicial  Magistrate  remanded them  to judicial custody at Central Jail,  Ludhiana,  where both  the accused are now lodged.  Puran Singh was  arrested subsequently on 8.7.1994 from Kamal.  In his case, remand to police custody was ordered till 13.7.1994. Manjit Singh  was avoiding Police and hence could not be interrogated. 9.There  is a controversy about the date when  Surinder  Pal Singh  and  Sarvjeet Singh were taken into  police  custody. The  writ petitioner as early as on 9.6.1994 and 13th  June, 1994  had sent telegrams and letters to various  authorities about the unlawful detention of her three sons, Surinder Pal Singh,  Gurbax  Singh  and Sarvjeet Singh,  in  P.P.  Ghumar Mandi, P.S. Division No.5, Ludhiana. 10.  Since  the telegrams and letters had  no  effect,  this habeas corpus petition was filed.  Thereafter, Surinder  Pal and  Sarvjeet were produced before the Judicial  Magistrate, First  Class,  Ludhiana,  on 29.6.94 and  were  remanded  to judicial  custody at Central Jail of  Ludhiana.   Therefore, the habeas corpus petition in the case of Surinder Pal Singh and Sarvjeet Singh has now become infructuous. 11. The only question that remains for consideration is  the case of Gurbax Singh.  According to the respondents,  Gurbax Singh  had not been arrested or interrogated or  taken  into police  custody in any manner at all.  Gurbax died  of  heat stroke  in  hospital.   The  records  produced  by  Dayanand Medical  College  & Hospital Ludhiana,  reveal  that  Gurbax singh  was  admitted to the hospital on 10th June,  1994  at 5.40 P.M., suffering from high fever; the diagnosis was that he was suffering from heat stroke, coma and shock.  He  died in the hospital at 5.32 P.M. on 14th June, 1994.   According to  the  hospital record, the body was handed  over  to  his wife,  Rajinder  Kaur.  It also appears  from  the  hospital record  that  at  the time of admission,  Ajay  Paul  Singh, nephew  of Gurbax Singh, gave written consent on  behalf  of Gurbax  Singh, to undergo the treatment in the hospital  and also to undergo investigations, anaesthesia or operation, as advised by the Physician/Surgeon. 12.As against this, it has to be borne in mind that the writ petitioner  had appealed to various  authorities,  including D.G.  Police,  by telegram complaining  about  the  unlawful detention  of her sons Surinder, Gurbax and Sarvjeet.   This telegram  was  sent  on 9.6.94. This was followed  up  by  a letter dated 13th June, 1994, in which it was alleged:-               ".......  my sons are in unlawful  custody  of               the police and they are trying to show them as               absconders....... Gurbax Singh was  taken in a               general hospital by a constable and the police               has obtained signatures of the wife of  Gurbax

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             Singh  to  cover their mischief and  to  prove               innocence.   Gurbax Singh is almost  at  death               bed and he may die at any moment." 13.  This habeas corpus petition was affirmed on 16th  June, 1994.   An affidavit of urgency verified on 22nd June,  1994 was filed in this Court expressing the apprehension:-               "That the one son of the deponent i.e.               243               Shri  Gurubaksh Singh was murdered  in  police               custody  on 12.6.1994. The remaining two  sons               of deponent are in unlawful custody and  their               whereabouts  and  welfare are not  known  till               date.  The deponent is under apprehension that               they will also be killed if the matter is  not               listed immediately.               4.    That  the  remaining  two  sons  of  the               deponent  i.e. Surinder Pal Singh and  Sarvjit               Singh  were picked up by the Police on  3.4.94               and  5.4.94, Since then they are tortured  and               harassed by the police.  " 14.Various  allegations  have  also been made  in  the  writ petition  against the police officials.  It has been  stated that  Gurbax Singh was taken into custody on  27.4.1994,  He was  mercilessly beaten.  He was in police custody  on  12th June,  1994.  He was unconscious and his condition was  very critical when he was admitted in the hospital on 10th  June, 1994.  In the F.I.R. filed on 4.4.1994 all the four sons  of the  petitioner Gurbax Singh, Surinder Pal  Singh,  Sarvjeet Singh  and Manjit Singh were named.  It has been  stated  by the  respondent on Affidavit that Manjit Singh was  avoiding the police.  No such allegation was made against the  Gurbax Singh.   The allegation that Gurbax Singh had been  arrested by police has been denied.  Surinder Pal Singh and  Sarvjeet Singh  were  produced before the Judicial  Magistrate  First Class,  Ludhiana  on 29.6.94. This was after  the  death  of Gurbax  Singh.  The petitioner has prayed for  inquiry  into the  cause  of death of Gurbax Singh.  Although  Gurbax  was named in the F.I.R., the respondents have not stated in  the affidavit  anything  about him.  It has been  admitted  that Surinder  Pal and Sarvjeet were arrested, Manjit  Singh  was avoiding police.  It is not the case of the respondents that Gurbax was also evading arrest. 15.  The allegation that has been made by the petitioner  on the  facts  that  have been brought on the  record  of  this Court,  is  that  the  police  investigation  causes   great concern.   The mother of Gurbax Singh had  been  complaining about  the  illegal detention of her three sons for  a  long time.  She did not receive any reply to her letters from any quarters.   It  was  only when she  filed  a  habeas  corpus petition, Surinder Pal and Sarvjeet were produced before the judicial  Magistrate  at Ludhiana on  29.6.1994.  There  are conflicting  allegations  about the cause of  the  death  of Gurbax  Singh.  However, now that Surinder Pal and  Sarvjeet have been produced before the Magistrate and the  Magistrate has  remanded  them to judicial custody, no writ  of  habeas corpus need be issued in respect of them.  So far as  Gurbax Singh is concerned, the unfortunate fact is that he has died in a hospital.  Therefore, no question arises for issue of a writ of habeas corpus in his case. 16.There  is, however, one aspect of the case  which  causes concern.   The writ petitioner had expressed  great  anxiety about her sons and had sent telegrams and letters to various authorities on 9.6.1994 and 13.6.1994.  Her  complaint   was that her three sons Surinder  Pal, Gurbax and  Sarvjeet  had been taken into police custody.  The habeas corpus  petition

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was  affirmed on 16th June, 1994.  An affidavit  of  urgency was  verified  on 22nd June, 1994.  It was  only  after  the habeas  corpus  petition  was  filed  in  this  Court,  that Surinder  Pal  and Sarvjeet were produced before  the  local Magistrate of Ludhiana on 24th June, 1994.  In the facts  of this  case, it is difficult to assume that the  letters  and the  telegrams,  that  were sent  by  the  petitioner,  were without any basis. 244 Now  that Gurbax Singh has died and Surinder Pal  Singh  and Sarvjeet Singh have been produced before the Magistrate,  no writ  of habeas corpus can be issued.  But, very  disturbing facts  have  been  brought  to  the  notice  of  the   Court concerning  life and liberty of her sons.  On behalf of  the writ  petitioner,  a prayer has been made  that  an  enquiry should be made as to the cause of the death of Gurbax  Singh and also whether Surinder Pal and Sarvjeet were detained  in police  custody  for  about a  fortnight  before  they  were produced before a Magistrate. 17.  In  the  interest  of  justice,  this  case  should  be investigated by the Director General of Police, Punjab.  The Director General of Police is directed to make an enquiry as to  exactly when Surinder Pat Singh and Sarvjeet Singh  were taken into police custody and enquiry should also be made as to  when,  if  at all, Gurbax Singh was  taken  into  police custody  and  whether he was mercilessly  beaten  in  police custody  which, ultimately, led to his death.  The  Director General of Police is directed to give a report to this Court within a period of eight weeks from date. 18.  The  writ  petition, therefore, is  adjourned  for  ten weeks.