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Issues Involved:
1. Demand for Judicial Inquiry 2. Withdrawal of Writ Petition 3. High Court's Handling of the Case 4. Direction for Fresh Investigation Summary: 1. Demand for Judicial Inquiry: The case revolves around the abduction and alleged murder of Kulwant Singh, Advocate, his wife, and their two-year-old child on January 25, 1993. Dissatisfied with the police investigation, the Punjab and Haryana High Court Bar Association demanded a judicial inquiry by a sitting Judge of the High Court or a District Judge. The State Government did not accede to this demand, leading to an indefinite strike by the Bar Association from February 6, 1993. An Action Committee formed by the Bar Association conducted its inquiry and submitted a report on February 14, 1993, implicating the Ropar Police in the brutal killings. 2. Withdrawal of Writ Petition: One Suresh Kumar filed Civil Writ Petition No. 2376 of 1993 in public interest before the Punjab and Haryana High Court, seeking a judicial inquiry into the murders. The High Court admitted the petition and issued notices to the Bar Association and Bar Council. However, the writ petition was dismissed as withdrawn by a five-Judge Bench of the High Court on March 19, 1993, despite objections from senior advocates representing various Bar associations. The Bench reasoned that the petition primarily addressed the lawyers' strike rather than the murders. 3. High Court's Handling of the Case: The Supreme Court criticized the High Court for failing to address the serious issues raised in the writ petition. The High Court was deemed "wholly unjustified in closing its eyes and ears to the controversy," which had shocked the lawyer fraternity. The Supreme Court emphasized that the High Court should have directed an independent investigation into the abduction and alleged murder of Kulwant Singh and his family. 4. Direction for Fresh Investigation: Recognizing the need for a fresh investigation to instill public confidence, the Supreme Court directed the Central Bureau of Investigation (CBI) to take up the investigation of FIR No. 10 dated October 8, 1993, u/s 364/302/201 IPC and 3/4/5 TADA (P) Act, Police Station Rupnagar, District Ropar. The Senior Superintendent of Police, Ropar, and the Station House Officer, Police Station Rupnagar, were instructed to assist the CBI. The Director of CBI was directed to appoint a responsible officer to conduct the investigation within one week, and the investigation was to be completed within three months. Proceedings before the Additional District and Sessions Judge, Ropar, were stayed until March 31, 1994. The appeal was thus disposed of, with the Supreme Court ensuring a thorough and independent investigation into the tragic incident.
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