Full Judgment Text
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PETITIONER:
NAIN KAUR & ANR.
Vs.
RESPONDENT:
STATE OF J & K. & ORS.
DATE OF JUDGMENT: 27/02/1996
BENCH:
MUKHERJEE M.K. (J)
BENCH:
MUKHERJEE M.K. (J)
MAJMUDAR S.B. (J)
CITATION:
1996 SCC (3) 72 JT 1996 (4) 12
1996 SCALE (2)SP79
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This petition under Article 32 of the Constitution of
India has been filed for a writ requiring production of
Dharamvir Singh, a practising Advocate of Amritsar, before
this Court. The two petitioners are the mother and cousin of
Dharamvir respectively. Their grievance is that even though
Dharamvir was on bail in connection with two cases earlier
registered against him and was released from Central Jail,
Jammu on May 12,1995 consequent upon quashing of his
detention by the High Court of Jammu & Kashmir, he was taken
into custody as soon as he came out of the Jail by Sudarshan
Singh, an officer of Pacca Danga Police Station of Jammu
city and since then his whereabouts are not known.
Responding to the notice issued on the petition, Mr.
Pramod Jain, Special Secretary (Home), Government of Jammu
and Kashmir has filed a counter affidavit wherein he has
admitted that Dharamvir Singh was released from Central
Jail, Jammu on May 12, 1995. In detailing Dharamvir’s
subsequent movements, Mr. Jain has stated that on May 21,
1995 a Nakka was laid he area of Kharkhola Post near the
Indo-Pak Border under the joint supervision of officials of
Border Security Force (BSF) and local Police Station Ranbir
Singh Pura. In course of an encounter there one person
sustained injured and fell down dead, while his associates
escaped. From the spot one 0.38 mm pistol with two live
rounds and one nozzle were recovered . On receipt of the
report of the above death, an entry was made in the daily
diary of Ranbir Singh Pura Police Station and investigation
under Section 174 Cr.P.C. taken up. In course of that
investigation photographs of the dead body were taken, but
inspite of best efforts the identity of the deceased could
not be immediately established, as nobody came forward to
claim the dead body. It was therefore handed over to Jammu &
Kashmir Sewa Samiti for cremation after keeping the same for
three days. Mr. Jain has further stated that subsequently a
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few sikh gentlemen and a lady came to the police station and
identified, on perusal of the photographs, clothes and other
items seized from the person of the deceased, that he was
Dharamvir. Mr. Jain has lastly stated that during the
investigation it was established that Dharamvir was Killed
it an encounter with BSF and other members of Nakka party
while entering into India from Pakistan. In support of his
above statements Mr. Jain has filed the statements recorded
during the investigation under Section 174 Cr.P.C. and some
other documents.
Since the respondents were claiming that the person who
allegedly died in the encounter was Dharamvir, relying on
the identification of some sikh gentlemen and a lady
principally on the basis of the photograph of a dead body,
we enquired of the petitioners as to whether the photograph
was that of Dharamvir. As petitioner No. 1, the mother of
Dharamvir, emphatically stated it was not of her son we
directed her to produce a photograph of Dharamvir with a
supporting affidavit which she complied with. To pursue the
matter further we tried to requisition the services of Mr.
R.L. Chadha, an advocate of Jammu High Court, who according
to the petitioners was present when Dharamvir Singh was
brought out of the Central Jail, Jammu and taken away by the
officers of Pacca Danga Police Station. Mr. Chadha, however,
did not respond to our request.
Since from a comparison of the photographs, it is
difficult for us to disbelieve the assertion of the
petitioner No. 1 that the dead body was not that of her son
and, for that matter, to accept the version of the
respondent that Dharamvir died in an encounter we direct the
Director of Central Bureau of Investigation to cause an
investigation made into the matter and submit its report
within three months from today.
List thereafter.