1994 (9) TMI 346 - SC - Indian Laws

Summary

Issues Involved:
1. Alleged abduction and illegal detention.
2. Police misconduct and accountability.
3. Investigation and inquiry delays.
4. Independent investigation necessity.

Summary:

1. Alleged Abduction and Illegal Detention:
The habeas corpus petition was filed to secure the release of seven individuals allegedly abducted by a police party led by the third respondent, DSP Baldev Singh, on 29-10-1991. The petitioner claimed that the abducted individuals were detained in various police stations until 28-12-1991, and efforts to secure their release had failed, leading to the filing of the petition on 27-7-1994.

2. Police Misconduct and Accountability:
The third respondent denied the allegations, stating that an FIR regarding the abduction was lodged on 23-3-1994 and was under investigation. However, the Additional Solicitor General, representing the State of Punjab, admitted that the third respondent was guilty of the abduction in complicity with other policemen. The affidavit filed by the Director General of Police, Punjab, acknowledged the abduction and stated that the third respondent and other accused were in judicial custody.

3. Investigation and Inquiry Delays:
The affidavit of the Director General of Police, Punjab, detailed the procedural delays and discrepancies in the investigation. The initial complaint was received on 25-1-1992, but the case was only registered on 23-3-1994. The inquiry reports were delayed, and there was a lack of prompt action against the accused officers. The court found the delays and lack of decisive action by the Punjab Police concerning.

4. Independent Investigation Necessity:
The court expressed dissatisfaction with the Punjab Police's handling of the investigation and ordered an independent investigation by the Director of the Central Bureau of Investigation (CBI). The investigation was to cover the circumstances of the abduction, the whereabouts or liquidation of the abducted individuals, the delay in inquiry, and any attempts to cover up the misdoings of the police officers involved.

Conclusion:
The Supreme Court directed the Director of CBI to conduct a thorough investigation and submit a report within four weeks. The State of Punjab was instructed to assist the CBI in the inquiry. The court reserved the right to make further orders, including compensation to the next of kin of the abducted individuals, based on the CBI's report.