CWP No.3131 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.3131 of 2011 Date of decision 15.11.2011 Harvinder Singh . Petitioner Versus State of Punjab and others .. Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr.Anil Malhotra, Advocate , Amicus Curiae Mr. Suvir Sehgal, Addl. AG Punjab. 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR,J. 1. The instant petition was registered by this Court on its own motion on the basis of a news item published in the English Daily Hindustan Times on 3.12.2010. The news item disclosed the dis-appearance of one Shaminder Singh @ Shera from police custody and was eventually traced. He appeared before this Court on 3.1.2011. Further in a separate incident which tookplace on 17.1.2011 he received injuries and eventually succumbed to those injuries in Post Graduate Institute of Medical Science and Research, Chandigarh on 25.1.2011. FIR No. 5 dated 18.1.2011 was registered at PS Pojewal, District Saheed Bhagat Singh Nagar. A separate writ petition bearing CWP No. 3131 of 2011 was filed by the brother of deceased Shaminder Singh @ Shera namely Harvinder Singh with a prayer for issuance of directions for proper investigation of FIR No. 5. It was also prayed that the investigation be carried out by the C.B.I. and further necessary and adequate security be provided to him and family members of CWP No.3131 of 2011 2 deceased Shaminder Singh @ Shera because Harvinder Singh himself was also injured in that freak incident on 17.1.2011. On the file of CWP No. 3131 of 2011 particularly on the death of Shaminder Singh @ Shera , proceedings in CWP No. 21604 of 2010 were closed vide order dated 16.3.2011. 2. In the order dated 16.3.2011, this Court also noticed that no observation with regard to investigation by the police in case FIR No. 5 dated 18.1.2011 (supra) was required to be made yet the Court observed that the investigation undertaken did not disclose any attempt to identify 4/5 other persons who were involved in the assault of Shaminder Singh @ Shera as also the owner of the vehicle namely Manjit Singh in which the accused persons had fled from the place of occurrence. Accordingly direction was issued to the Investigating Officer to conduct proceedings in an effective and comprehensive manner and to submit status report of the same before this Court within four weeks. 3. This Court also issued directions to Shri Ranvir Singh, Superintendent of Police to provide effective security cover to the petitioner Harvinder Singh and family members of deceased Shaminder Singh @ Shera.The Superintendent of Police was to ensure that no harm was to be caused to any one of them. The order also placed responsibility of the well being and security of Harvinder Singh and family members of deceased Shaminder Singh @ Shera on the Superintendent of Police Shri Ranvir Singh posted of Saheed Bhagat Singh Nagar. 4. It would be relevant to mention that on 30.10.2010 Shaminder Singh @ Shera is alleged to have been taken in police custody by the police belonging to Police Station, Balachaur and he was kept there till CWP No.3131 of 2011 3 18.10.2010. He was taken to CIA Staff, Nawanshahar and was brutally tortured. He alleged escaped from the police custody on 25.11.2010 fearing his death in a stage managed encounter. Accordingly news about his illegal custody was published which was treated as Public Interest Litigation by this Court. On 20.12.2010 the Punjab Police admitted that Shaminder Singh @ Shera was alive and his family apprehended his elimination in police custody. On 3.1.2011, as already noticed, Shaminder Singh @ Shera was produced before the High Court and was allowed to go as a free person because no case was registered against him. Even on behalf of State of Punjab a statement was made that he would not be harassed and would be protected. A sum of rupees one lac as compensation was awarded by this Court for the torture and illegal custody suffered by him. 5. On 14.1.2011, Harvinder Singh and his brother Shaminder Singh @ Shera were called to the office of S.P. (Operation) Shri Dharam Singh Uppal at Nawanshahar. The petitioner met the Superintendent of Police at around 2/2.30 PM and was asked to withdraw the case pending in the High Court. Eventually on 17.1.2011 at about 8/8.30 PM, petitioner Harvinder Singh Singh and his brother Shaminder Singh @ Shera were attacked. However, Shaminder Singh @ Shera died at the PGI on 25.1.2011. 6. In the status report dated 19.4.2011, Deputy Superintendent of Police, Police Station Sub Division, Balachaur has stated that all the directions issued by this Court in the order dated 16.3.2011 were complied with and investigation was carried in an effective and comprehensive manner. It was stated that the Special Investigation Team requires more time as certain new facts have come to light only on 16.4.2011. It was CWP No.3131 of 2011 4 assured that the investigation is being conducted with full vigor and would be taken to its logical end. 7. In the separate status report dated 19.4.2011 filed by the Deputy Superintendent of Police, Sub Division, Balachaur it has been alleged that following FIRs were registered against Shaminder Singh @ Shera in different police stations in the State of Punjab. “ 1. FIR 57, dated 23.4.2008 under Sections 452/323/506 IPC PS Ropar- pending trial' 2. FIR 67, dated 29.5.2008 under Sections 323/341 IPC PS City Nawanshar- pending trial' 3. FIR 20, dated 15.11.2008 under Sections 326/325/506/34 IPC PS Sahnewal- pending trial' 4. FIR 100, dated 7.9.2010 under Sections 382/34 IPC PS Chamkaur Sahib- under investigation; The following cases stand registered against the present petitioner. 1. FIR No.42 dated 20.3.2009 under Section 353/186 IPC, PS Division No.2, Ludhiana- Under investigation.” 8. In para 5 of the aforesaid status report it has been revealed that during enquiry of complaint No.547, dated 20.12.2010 father of the petitioner Harvinder Singh and his brother Shaminder Singh @ Shera were summoned by the S.P,(Operation) SBS Nagar for 13.1.2011 by issuing notices under Section 160 Cr.P.C. in connection with some enquiry in the complaint made by Jagan Nath s/o Bishan Dass but none of them appeared before the Police and the notices issued to them were received back with the report that they have refused to accept service of the notice. The CWP No.3131 of 2011 5 allegation regarding pressuring Harvinder Singh for withdrawal of the case has also been controverted by stating that those allegations were false and concocted. It has also been asserted that there is no cause made out for handing over the investigation to the CBI and that the petitioner Harvinder Singh and family members of deceased Shaminder Singh @ Shera have been provided adequate protection. It has also been stated that on 20.12.2010, the petitioner was asked to take security but the same was refused. Likewise, the security was again refused on 3.1.2011 and on 27.1.2011 , DDR No.28 registered at PS Pojewal. Vide DDR Nos. 29 dated 28.1.2011 and DDR No.20 dated 29.1.2011 two PSOs were deputed with the petitioner and family members of Shaminder Singh @ Shera to ensure their protection. There are general averments controverting the allegations of pressuring and of unfair treatment. 9. Affidavit of Shri Parveen Kumar, Deputy Superintendent of Police, Balachaur has been filed on 7.11.2011. It has been stated in para 1 of the affidavit that during the course of investigation of case FIR No.5 dated 18.1.2011 registered under Sections 302, 307, 382, 212, 323, 324 and 148 read with Section 149 IPC, PS Pojewal, District Shaheed Bhagat Singh Nagar registered on the statement of Harvinder Singh against four accused namely, Chaman Lal @ Tony, Naresh Kumar @ Nikku, Ajay Kumar @ Ajju and Narinder Kumar @ Bhoda, challan against the aforesaid accused was presented before the Sub Divisional Judicial Magistrate, Balachaur. On 16.4.2011, the complainant petitioner made a statement to the effect that three other assailants namely Sanju s/o Chaman Lal, sonu s/o Mehar Chand both residents of village Makhupur and Devinder Kumar @ Rinku s/o Jagdish Rai, r/o village Chuharpur, PS Pojewal and 6/7 unidentified CWP No.3131 of 2011 6 assailants had caused serious and grievous injuries to him and his brother Shaminder Singh @ Shera who subsequent succumbed to his injuries and died in the PGI Chandigarh. On the directions issued by this Court on 23.5.2011, progress report regarding investigation conducted by the police was to be submitted. Accordingly report was filed on 21.7.2011 and supplementary challan under Section 212 IPC against Manjit Kumar s/o Parshottam Lal r/o village Chandiani Khurd, PS Pojewal, District Shaheed Bhagat Singh Nagar and challan under Sections 302, 307, 302, 324, 148 read with Section 149 IPC against Devinder Kumar alias Rinku son of Jagdish Rai, r/o village Chuharpur, PS Pojewal was presented before the Sub Divisional Judicial Magistrate, Balachaur on 23.8.2011. The case was already been committed to the Court of Sessions on 13.10.2011 which is now fixed for 17.11.2011. 10. We have heard learned counsel for the parties at some length and are of the view that the investigation has been taken to its logical end and challan stand presented in the Court. The matter is now committed to the Sessions Court which is fixed for 17.11.2011. The trial Court shall proceed in accordance with law and conclude the trial expeditiously and preferably within a period of one year from today. 11. The writ petition stands disposed of with the aforesaid directions. The protection given to the petitioner Harvinder Singh and family members of deceased Shaminder Singh @ Shera vide DDR No. 28 dated 10.2.2011 registered at Police Station Pojewal shall continue and it shall be the duty of the Superintendent of Police, Saheed Bhagat Singh Nagar to ensure safety of the petitioner Harvinder Singh and family members of deceased Shaminder Singh @ Shera. The family members of CWP No.3131 of 2011 7 Shaminder @ Shera be paid a compensation of rupees one lac by the State of Punjab-respondent no.1. The compensation be paid by the Deputy Commissioner after obtaining report from the police. The payment shall be made by a negotiable instrument payable to the widow. The needful shall be done within one month from the date of receipt of a copy of this order. We further make it clear that in case the petitioner or family members of Shaminder Singh @ Shera feels the necessity of any further direction then liberty is granted to them to move appropriate application before this Court or before the trial Court. (M.M.Kumar) Judge (Rajiv Narain Raina) 15.11.2011 Judge okg