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Punjab-Haryana High Court
Manjit Kaur vs State on 4 March, 2021 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
224
CRWP-280-2021 (O&M)
Date of decision: 04.03.2021
Manjit Kaur …..Petitioner
Versus
State of Punjab and others …..Respondents
CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI
Present : Mr. S.S. Aviraj, Advocate
for the petitioner.
Mr. Rana Harjasdeep Singh, DAG, Punjab
for respondent No.1-State.
Mr. Sumeet Goel, Advocate
for respondent No.3-CBI.
Mr. Navkiran Singh, Advocate
for the applicant-detenue Gurvinder Singh
in CRM-235-2021 and CRM-259-2021.
****
ARUN KUMAR TYAGI, J. (ORAL)
(The case has been taken up for hearing through video
conferencing.)
CRM-235-2021
For the reasons mentioned in the application, the same is
allowed and affidavit of the applicant-detenue Gurvinder Singh is taken
on record as Annexure A-1 subject to all just exceptions.
CRM-259-2021
Prayer in the application was for pre-ponement of the main
case from 04.03.2021 to an earlier date which has become infructuous
and is accordingly disposed of as having become infructuous.
CRWP-280-2021
Written complaint dated 24.12.2020 made by Manjit Kaur
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to Hon’ble the Chief Justice of this Court through post was received in
the Chief Justice’s Secretariat on 05.01.2021 and was, under the orders
dated 08.01.2021 passed by Hon’ble Mr. Justice Jaswant Singh, treated
as a Criminal Writ Petition (habeas corpus) under Article 226 of the
Constitution of India under the title ‘Manjit Kaur Vs. State’ and the
same was accordingly listed before this Court on judicial side.
The petitioner-Manjit Kaur alleged in the above said
complaint that on 10.12.2020 the officials of CIA Staff, Gurdaspur and
Police Station Sadar, Gurdaspur took her son Gurvinder Singh with
them saying that some Senior Officer had called her son. Thereafter,
she visited Police Station Sadar and CIA Staff, Gurdaspur many times
but they did not allow her to meet her son and continued to make false
promise to the effect that they had to produce her son in the Court.
Neither the police allowed her to meet her son nor her son was
produced in the Court.
Pursuant to notice of motion dated 15.01.2021, Mr. P.S.
Walia, Asstt. A.G., Punjab, appeared and accepted notice on behalf of
the respondent-State and sought time to file status report.
Status report by way of affidavit dated 19.01.2021 of Sub-
Inspector Jatinder Pal Singh, SHO, Police Station Sadar Gurdaspur was
filed. In the said affidavit it was mentioned that similar application
dated 24.12.2020 was made by Manjit Kaur (the present petitioner) to
learned Duty Magistrate, Gurdaspur. Report was filed before him that
Gurvinder Singh had not been arrested or illegally detained by the
Police of Police Station Sadar Gurdaspur and CIA Staff, Gurdaspur.
Inspector Ravinder Joshi along with Constables Omveer Singh and
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Amarbir Singh came to Police Station Sadar, Gurdaspur on 10.12.2020
regarding investigation of FIR No.93 dated 16.03.2020 registered under
Sections 468, 471 and 120-B of the Indian Penal Code, 1860 and
Section 12 of the Passport Act in Police Station Special Cell, New
Delhi and called Gurvinder Singh and issued direction to him to appear
in Police Station Special Cell, Lodhi Colony, New Delhi on 11.12.2020
at 12:00 noon. DDR was registered in Police Station Sadar Gurdaspur
vide G.D. No.41 dated 10.12.2020 in this regard.
Since the above-said status report did not mention anything
as to whereabouts of Gurvinder Singh, learned State Counsel sought
time to file additional reply.
Additional status report by of affidavit dated 22.01.2021 of
Sh.Sukhpal Singh, PPS, Deputy Superintendent of Police, City, District
Gurdaspur was filed by learned State Counsel through e-mail print out
of which was taken on record.
In the additional status report it was mentioned that
Inspector Ravinder Joshi, Special Cell, NDR had filed a status report in
the Court of learned Additional Chief Judicial Magistrate, Gurdaspur in
the above-said case and in view of the status report, the application
dated 24.12.2020 filed by Manjit Kaur was dismissed by learned
Additional Chief Judicial Magistrate, Gurdaspur vide order dated
06.01.2021. Copy of status report dated 05.01.2021 filed by Inspector
Ravinder Joshi, Special Cell, NDR before learned Additional Chief
Judicial Magistrate, Gurdaspur and order dated 06.01.2021 passed by
learned Additional Chief Judicial Magistrate, Gurdaspur were enclosed
with the additional status report.
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In view of the facts and circumstances of the case, National
Investigation Agency was ordered to be impleaded as respondent No.2.
Mr. Sukhdeep Singh Sandhu, Advocate appeared and
accepted notice on behalf of respondent No.2-National Investigation
Agency and sought time to complete his instructions/file status report.
Mr. Sukhdeep Singh Sandhu, learned Counsel for
respondent No.2 submitted that the FIR in question had been registered
by Delhi Police and was being investigated by its officer Inspector
Ravinder Joshi and NIA had no concern with the same.
From the status report dated 05.01.2021 filed by Inspector
Ravinder Joshi before learned Additional Chief Judicial Magistrate,
Gurdaspur it emerged that Sukhmeet Pal Singh @ Sukh Bhikhariwal @
Kamaljeet Singh allegedly executed the sensational killing of Shaurya
Chakra recipient Balwinder Singh through his henchmen Gurjit Singh
@ Bhaa and Sukhdeep Singh @ Bhura who were arrested on
07.12.2020 and their preliminary interrogation revealed that Gurvinder
Singh (son of the petitioner-Manjit Kaur) was a close contact/associate
of gangster Sukhmeet Pal Singh @ Sukh Bhikhariwal @ Kamaljeet
Singh. On the basis of said revelation the police team headed by
Inspector Ravinder Joshi went to Police Station Sadar Gurdaspur.
Gurvinder Singh was called to Police Station Sadar, Gurdaspur by the
said police team headed by Inspector Ravinder Joshi on 10.12.2020
regarding investigation of FIR No.93 dated 16.03.2020 registered under
Sections 468, 471 and 120-B of the Indian Penal Code, 1860 and
Section 12 of the Passport Act in Police Station Special Cell, New
Delhi. Gurvinder Singh was questioned by Inspector Ravinder Joshi
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and was directed to appear in Police Station Special Cell, Lodhi Colony
for further questioning on 11.12.2020. Gurvinder Singh appeared
before Inspector Ravinder Joshi on 11.12.2020 and produced envelop
having fake Aadhar Card, PAN Card and Passport bearing
No.S1204024 having picture of gangster Sukhmeet Pal Singh @ Sukh
Bhikhariwal @ Kamaljeet Singh. Gurvinder Singh was again asked by
Inspector Ravinder Joshi to appear before him on 18.12.2020 and was
relieved from the investigation on 12.12.2020. During intervening night
of 12/13.12.2020 a team of Special Cell departed for Punjab for
investigation. Due to the ongoing farmer’s agitation, Gurvinder Singh
showed his inability to go to Punjab along with the police team and
informed his family members about the same. During the night due to
heavy fog, the police team along with Gurvinder Singh stayed
overnight at a hotel at village Nilokheri, Karnal. Gurvinder Singh
informed that he has a close acquaintance living nearby and that he can
go there on his own. In the morning of 13.12.2020 Gurvinder Singh left
hotel on his own without informing the police party. When Gurvinder
Singh did not turn up on 18.12.2020 his search was made. It came to
notice that Gurvinder Singh went to his friend Harpreet @ Harsh on
13.12.2020 who arranged his stay at his relative’s house in Mohali.
Gurvinder Singh stayed there for about 6 days and purchased new
mobile phone and new SIM. Gurvinder Singh also contacted his brother
Amandeep Singh @ Manie, settled in Canada, and got Rs.40,349.30/-
transferred to the bank account of his friend Harpreet @ Harsh.
Gurvinder Singh with his friend Harpreet @ Harsh went to V.K.
Garments shop at Main Bazar, Taraori, Karnal for purchasing some
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clothes and Chhabra Communications for purchasing mobile phone.
The CCTV footage showing presence of Gurvinder Singh and Harpreet
@ Harsh was also downloaded. On 31.12.2020 Sukhmeet Pal Singh @
Sukh Bhikhariwal @ Kamaljeet Singh was apprehended at IGI Airport,
New Delhi who confessed that the sensational killing was executed on
the instructions of ISI and that weapon used in the sensational killing
was provided to them through Gurvinder Singh.
Since from the above said status report it emerged that
Gurvinder Singh was not arrested in the above said case, appeared to
have been illegally detained during the period from 10.12.2020 to
13.12.2020 and to be missing since 13.12.2020 and the petitioner had
no knowledge as to whereabouts of her son Gurvinder Singh, Central
Bureau of Investigation was ordered to be impleaded as respondent
No.3 and was directed to register DDR, ascertain whereabouts of/trace
Gurvinder Singh and produce him before this Court, if so traced,
conduct preliminary enquiry into allegations of his illegal detention and
mysterious circumstances of his subsequent disappearance and register
FIR if such preliminary enquiry disclosed commission of any
cognizable offence including illegal detention of Gurvinder Singh by
anyone and thereupon investigate the matter and submit interim/final
action taken report in this regard.
In compliance with the above said order, respondent No.3-
CBI has submitted its report in a sealed cover which is opened in the
Court and is taken on record.
In its report, respondent No.3-CBI has given the details of
the action taken by it and also enclosed with its report statement in
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tabular form giving details of action taken while also mentioning in its
report what remained to be done in the enquiry.
Detenue Gurvinder Singh has also filed affidavit dated
13.02.2021 which is taken on record.
In his affidavit detenue Gurvinder Singh has alleged his
illegal detention by the police of Police Station Sadar Gurdaspur on
06.11.2020 and by Delhi Police from 10.12.2020 to 12.12.2020 and has
admitted that he escaped from custody of Delhi Police on 12.12.2020.
The petitioner in his affidavit has not mentioned where he remained
from 12.12.2020 upto 28.01.2021 and why he did not contact and
inform his mother regarding his whereabouts and has not given any
plausible explanation, apart from vague apprehension of danger to his
life, as to why after passing of order dated 27.01.2021 by this Court
directing CBI to conduct an enquiry he did not contact the concerned
officers of the CBI. In his affidavit detenue Gurvinder Singh has
alleged his illegal detention from 29.01.2021 to 07.02.2021 but there is
no plausible explanation as to why he did not make any complaint
regarding his alleged illegal detention before the concerned Judicial
Magistrate First Class having territorial jurisdiction.
Learned Counsel for the petitioner has submitted that now
the petitioner is missing since 07.02.2021 from the house of her brother
but learned Counsel for the petitioner has conceded that her brother has
not lodged any missing report in the local police station and the
petitioner-mother of the detenue is not alleged to be in illegal detention
by anyone.
Learned Counsel for detenue Gurvinder Singh seeks time
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for addressing arguments for taking of further proceedings in the
present habeas corpus petition.
In the present case conduct of the petitioner-mother of
detenue Gurvinder Singh as well as Gurvinder Singh appears to be
shrouded with unexplained mysterious circumstances and this Court is
constrained to express its disapproval of somewhat deliberate omission
to offer any plausible explanation for the same. Anyone approaching
the Court has to do so with clean hands and the process of law cannot
be allowed to be abused by anyone by withholding relevant information
from the Court.
Hon’ble Supreme Court in its judgment in Kanu Sanyal
Vs. District Magistrate, Darjeeling and others : (1973) 2 SCC 674,
traced the history, nature and scope of the writ of habeas corpus. While
explaining the nature and scope of the writ of habeas corpus Hon’ble
Supreme Court held that the writ of habeas corpus is essentially a
procedural writ. It deals with the machinery of justice, not the
substantive law. The object of the writ is to secure release of a person
who is illegally restrained of his liberty. The writ is, no doubt, a
command addressed to a person who is alleged to have another person
unlawfully in his custody requiring him to bring the body of such
person before the Court, but the production of the body of the person
detained is directed in order that the circumstances of his detention may
be inquired into, or to put it differently, “in the order that appropriate
judgment be rendered on judicial enquiry into the alleged unlawful
restrain”. But the writ is primarily designed to give a person restrained
of his liberty a speedy and effective remedy for having the legality of
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his detention enquired into and determined and if the detention is found
to be unlawful, having himself discharged and freed from such
restraint. The most characteristic element of the writ is its
peremptoriness. The essential and leading theory of the whole
procedure is the immediate determination of the right to the applicant’s
freedom and his release, if the detention is found to be unlawful. That is
the primary purpose of the writ, that is its substance and end. The
production of the body of the person alleged to be wrongfully detained
is ancillary to this main purpose of the writ. It is merely a means for
achieving the end which is to secure the liberty of the subject illegally
detained.
Exercise of the writ jurisdiction for issuance of a writ of
habeas corpus involves the procedure of issuance of rule nisi directing
the concerned authority by whom a person is alleged to be kept in
confinement to produce the body of the detenue with justification for
detention and making of the rule nisi absolute if the detention is
unjustified which has the effect of release of the person illegally
detained.
In the present case, detenue Gurvinder Singh was not in
custody of anyone when this Court took cognizance of the matter and
directed enquiry by the CBI and detenue Gurvinder Singh is not in
custody of anyone as on today. Therefore, in the present case the
question of making further enquiry for issuance of writ of habeas
corpus regarding his alleged illegal detention in custody at the time of
return of process and directing his release therefrom does not arise.
Detenue Gurvinder Singh can take appropriate proceedings
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regarding his alleged illegal detention on 06.11.2020, 10.12.2020 to
12.12.2020 and 29.01.2021 to 07.02.2021.
In the facts and circumstances of the case which have now
emerged, there appears to be no compelling reason for this Court to
continue with the present petition and take any further proceedings and
make any further inquiry on the same for issuance of writ of habeas
corpus or even directing the CBI to continue any further with
preliminary enquiry as directed by this Court vide order dated
27.01.2021 as the petitioner as well as detenue Gurvinder Singh have
the alternative remedies including the remedy of filing complaint before
the concerned Judicial Magistrate First Class having territorial
jurisdiction available to them and shall be at liberty to avail the same in
accordance with law.
The present habeas corpus petition is disposed of
accordingly.
04.03.2021 (ARUN KUMAR TYAGI)
Vinay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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