1 1 454 7 10 V U Crl Misc No N 1381of 1998 1 IN TF HlGH COURT OF PUNJAB 0 HARYANA AT CHANDIGARH CrlMisclNo M1381 of 1998 Date ofdecisior 1 22009 Nirmal Kumar Petitioner versus StateofPunjab eeeRespondent CORAM HONBLE MR JUSTICE JORA SINGH r 0 Present Mratish Goel Advocate 0 for thepetitioner I MrPSGrewal AAG Punjab 0 I JORA SINGH J Z Nirmal Kumar son ofHans Raj r10FlNoB4I1153 StreetNo3 r Near Clock Tower Faridkot in person on 5 1998 before I Ilon ble Mr Justice Swatanter Kumar Judge camp at Faridkot and 08 sublnittedhis affidavit Affidavit of Nirmal Kumar was ordered to be 10 treatedas Crl Misc Petition onjudiclalside 7 Z Noticeto the State was issued returnableon 153 1998 with a C directionthat it be listed before him on the date flxed subjectto the 374 ordersofHonble the ChiefJustice On 1531998 Mr SushantMaini DAG Punjab on behalf of the State Registrywas also directed to providea counsel as amicuscuriae to thepetitioner Mr Vikas Chatrath Advocate was appointed as amicus curiae Notice was issued to SSP Faridkot to depute an officer of an rank to assistthe Statecounsel in fllingreply Statefiled replyby way ofaffidavit ofJasvir SinghDSP Sub Division Moga Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 455 1 Crl Misc No M 1381of 1998 2 Le l Aftldavit ofNirmal Kumar dated531998 is to the effect that his son Bhagatram Bobbyagedabout 16 yearswas murderedalong with BharpurSinghon the night of 2712812 1990 by ASI MangalSinghand his nakaparty aRer stopping their car After the innocent boys ASI MangalSinghgot registeredFIR NoOl dated 28 12 990 PS Sadar Mogawith the connivance of other policeofficials 1 L Telegram was also sent to the Govemor Punjabalongwith a petition on 0 2912890 by the father of BharpurSingh A report by human rights C actlVlSt Driwan Jyotappearedin the dailyAjit newspaperdated 51991 I C5 to the effect that after she is ofthe opinionthat innocentboys I were murderedby the policeofficials Nirmal Kumar had appearedbefore Z the DeputyCommissioner Faridkot appointed as Offlcer by U the Home and PunjabVigilancebut despitecomplaints DSP I ParamjitSinghunder the ordersof SSP Faridkot forced the wife of Nirmal 08 C Kumar to claim of Rs00001 and Rs30000 DSP Bal V Kishan Bali and otherpoliceofflcials had also Nirmal Kumar to Z withdraw thecomplaintagainstthepoliceofficials Replyby the State in the shapeof affidavit of Jasvir Singh DSP Sub Division Moga shows that on 28 2 990 policepartyheaded byASI MangalSinghwas holdingnakabandiat Bus StandKhukharana At about 1220 AM duringnight time 415 terrorists came from the side of VillageMahaseryand startedSringon the policeparty In defence the naka party also startedflringwith their respectiveweapons towards the terrorists ASI MangalSinghthrough wireless informed other nakaparties ASI JagmailSingh who was also holdinga nakabandi at Bus Stand Ghalkalan infonned ASI MangalSinghthat oneMarutiCarofwhitecolour Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 456 Crl Misc No A11381 0f1998 3 and one Maruti Car of coca cola colour were signalledto stop but instead of stopping the vehicles the occupantsof the vehicles drew awaythe cars towards the side where policepaity headed by ASI MangalSinghwas holding a nakabandi There was a cross tlringbetweenthe extreinistsand the nakaparty Meanwhile both the cars came at the placeof naka where cross flringbetweenthepoliceand extremistswas goingon BharpurSingh r and Bobbyreceived injuriesin the cross firingby the policepartyand the 0 extremistsaccidentallyNirmal Kumar hasalreadyreceiveda compensation C I of RsA00 lac from the PunjabGovernment Brother of Bobby was C5 appointed as Clerk in the Education Department on ground Terrorists were eliminated in police encounter in the area of Village Z Randhawa District Muktsar Cancellation report Annexure R was r attachedwith the afOdavit 6 I Learned counsel for the petitionerarguedthat BharpurSingh U 08 00 and BhagatRam in Car NoDBB5330 driven by SatnamSinghson of Ajit 7 Singhwere retuming fr6m Mogaside Police partyheadedbyASI Mangal Z Singhwas holdinga nakabandi near Bus Stand Khukharana Car was m stoppedOccupants ofthe car thepolicepartyto check the car but BhagatRam and BharpurSinghwere murderedby thepoliceparty In caseterroristshad attackedthepoliceparty then some ofthe policeofflclals were expected to be injuredbut no one from the policepartyreceivedeven simpleinjury Storyofthe policepartyis to the effect that when the police partyheaded by ASI MangalSlnghwas holdingnakabandi then 415 terrorists fullyarmed came and startedtlringto eliminate the policeparty ASI MangalSinghthroughwireless had informed the other naka parties Police party headed byASI JagmailSinghwas hoIdingnakabandi at Bus Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 457 Ilo e CrMiscNoM1381 0f1998 4 Stand Ghalkalan Two maruti cars one of white colour and the second of coca cola colour came from the side of Mogaand were signalledto stop but the car drivers did not stopthe vehicles and had gone towardsthe side wherepolicepartyheadedbyASI MangalSinghwas holdingnakabandi In case car drivers had failed to stopthe cars in spiteof signalthen police partyheadedby ASI JagmailSinghcould easilyfire to stopthe vehicles Police partyheadedby ASI JagmailSinghshould have chasedthe vehicles 0 In case encounter was going on amongsthe terronsts and the policeparty C then car drivers and other occupantsof the cars were not expected to I C5 proceedfilrther Deceased were not armed SatnamSinghwas the driver of I the car but Satnam Singhdid not receive any injury Car was also not Z damagedSatnam Singhalso Sled his afftdavitto the effect that storyofthe prosecutionis not correct one Second car driven by VljayKumar was Il noticednear Talwandi Chowk Storywas concoctedthat terrorists who had 08 attacked the policeparty were eliminated in the policeencounter on 3111990 FIR No227190 was registered To save the policeoffIcials 7 Z cancellation report was submitted Learned counsel for the petitioner Qm furtherarguedthat of the case lnay be entrustedelther to the CBI or any responsibleoffice ofthe policeto tlnd out whetherthe deathof youngboys was accidental in the cross firing or theywere eliminated without any reason or f6ult ofthe deceased Learned State counsel arguedthat 415 terrorists on the nightof 27128121990 afterreaching the house of JagjitSingh at 1 100 PM had gone towards Khukharana Police partyheadedby ASl MangalSinghwas holdinga nakabandi near Bus Stand of Village Khukharana Terrorists startedfiringto eliininate the policepalty ln the Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 458 Ill CrlMisc NoMl 1381of1998 5 meantime two cars came from the side ofMoga Earlier both the cars were signalledto stopby the policepartyheadedby ASI JagmailSinghwhile holdingnakabandinear Bus StandGhalkalan Insteadof stopping the cars the cars had gone towardsKhukharana One car driven by VijayKumar did not stopand had gone towardsTalwandi Chowk Second car was driven by SatnamSingh Both the deceasedwere in that car and lll the cross firing 1 r BharpurSinghand BhagatRam had received flre arm injuries Death of 0 both the boyswas accidental Police partyhad no intentionto eliminatethe C boys After flring terrorlsts had fled away from the spot Later onthose I C5 terrorlsts were eliminated in the policeencounter ln the area of Village I Randhawa on 312990 Police offlcials holdingnakabandiwere not at Z fault Cancellation reportwas rightlysubmitted Nirmai Kumar received a tr SUlll of RsA00 lac as Brother of second deceased got I 08 Along with the affidavit of Jasvir SinghDSP cancellation 7 report was attached As per story policeparty headed by ASI Mangal Z Singhwas holdingnakabandi near Bus StandKhukharanaand therewasan Cl encounterwith the terrorists but very strangethat no one either froln the side ofthe terroristsor thepoliceparty had receivedeven a simpleinjury Storywas introducedthat one JagjitSingh Kau Pardhan remainedin jail Terrorists were known to him On the interveningnightof 27128121990 at 1 100 PM some one knocked his door bysayingthat he is Shera ShamsherSinghSOll of Dial Singhresident of VillageMahike andthere are some Singhswith him Door was openedDara Singhson of GurdipSingh Karam Singh Darjison of Harbans Singhand Rajwinder Singh Karma son ofBhagwanSinghwere presentwith ShamsherSingh Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 1 Il 1 4 8 CrlMiscN0M11381 0f1998 6 All were armedwith AK 47 rifles Theyhad JagjitSinghto serve tea as theywanted to go to VillageRode Atler takingtea theywent towardsBus Standof VillageKhukharanaand after some time when firing wasstoppedin the momingheoagjitSingh9 came to know that Shamsher Singhand others had fired on the policeparty and in self defence police partyhad returnedfire and duringcross flring two maruti cars were also C caughtinto the encounter One car had gone towardsTalwandi Chowk due C 0 to fastspeedwhereastwo occupantsofthe secondcar died dueto Oring 0 In case the cars one driven by SatnamSinghand the second C by Vijay Kumar did not stopdespitesignalby the policepartyheadedby I ASI JagmailSinghthenpolicepartyheadedby ASI JagmailSlnghshould Z have flred and chased the cars to stop Cars had gone towards the Bus Stand of Village Khukharana where the police party headed by ASI I MangalSingbwas busyin the encounter One car did not stop and had 08 gonetowards Talwandi Chowk Second car driven by Satnam Singhwas 10 caughtin the cross firing but Satnam Singhdriver of the car was not 7 Z injured Questionis whether the car driven by Satnam Singhwas also damaged in the firing Copiesof the postmortemrepons show that while sittingin the car injuries were not possibleCase in hand is required to be thoroughly as to whether Satnam Singhwas drivingcar NoDBB330 whether second car was beingdriven byVijayKumar and what was the number of that car whether Jjit Singh Pardhan rlo VillaeIllahaseryever remained in jail and when he wasln jail whether ShamsherSingh Dara SinghKaram Singhand RajwinderSinghwere ln the jail and whether the above said terrorists as per policewere rightly Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 460 Il Crl Misc No M 1381of 1998 7 eliminated in the policeencounter in the area of Village Randhawa on 31 12 1990 In case heirs of the deceasedreceived compensation or got on groundthenquestion is whethera clean chit 1Sto begivento the policeofficials Whether seat of injuriessuggeststhat injuries were possiblein cross firingwhile sittingin the car and whyno 1 injurywas receivedbythe driver r Without any commentson the merits of the case l am of the 0 0 opllllOn thatthorough is required as to whether encounter was I C or fake whether death of BhagatRam and BharpurSinghwas I accidental or theywere murderedin view ofthe affidavits ofNirmal Kumar Z and Satnam Singh l To separategrainfrom the chaff and to find out the truth I Team is ordered to be constituted to be headed by 08 General level policeofficer ofrepute 10 Director General of Police Punjab 1S to appointany police 7 Z officer of the rank of InspectorGeneral within one month from the receipt of the order Special Team headedby InspectorGeneral of Police level offlcer is to thoroughly the matter 111 disputeand submitreportwithin threemonthsfor 6lrtheraction The petitionis disposedofaccordingly 1 2 1122009 pk JUDGE 1 69 Ill Batra Amit Sh. Charanjit Batra 2012.05.13 03: 13 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document