INDER SINGH versus STATE OF PUNJAB AND ORS.

Citation: [1995] SUPP. 1 S.C.R. 309 · Decided: 10-05-1995 · Supreme Court of India · Bench: A.M. AHMADI, A.S. ANAND, S.P. BHARUCHA · Disposal: Disposed off

Judgment (excerpt)

INDER SINGH 
A 
v. 
STATE OF PUNJAB AND ORS. 
MAY 10, 1995 
[A.M. AHMADI CJ, DR. A.S. ANAND AND S.P. BHARUCHA, JJ.] 
B 
Constitution of India, 1950: 
Article 32---Habeas Corpus Petition-Punjab Police party abducting 
seven persons-Subsequently all the seven became untraceabl~Supreme C 
Court ordering CBI investigation-Report concluded that the seven persons 
were in all probability killed-Appropriate action against erring officials or-
dered-Legal representatives of each of the seven persons to be paid Rs. 1.50 
lakh-State to recover the same from the guilty when they are identified. 
This habeas corpus petition sought the release of 7 persons. This D 
Court directed an enquiry to be conducted by the Director of Central 
Bureau of Investigation. Accordingly the enquiry was conducted and the 
report established that a Punjab Police Officer of the rank of Deputy 
Superintendent of Police, upon suspicion that the 7 persons were involved 
in the abduction of his brother by militants, led a police party unlawfully E 
to their house and abducted them; they were kept under unlawful detention 
• in police stations in Punjab and thereafter they were untraceable; and that 
it was reasonable to conclude that in all probability they were killed by 
those who had abducted them. 
On behalf of the State of Punjab and the DGP, it was interalia 
submitted that the Punjab Police should revive the commendation of the 
Court as the Punjab Police had acted on its own to discover the crime and 
to take action against its errant officers and men. 
Disposing of the Writ Petition, this Court 
HELD : 1. The Punjab Police would appear to have forgotten that it 
F 
G 
was a police force and that the primary duty of those in uniform is, to 
uphold law and order and protect the citizen. If members of police force 
resort to illegal abduction and assassination, if other members of that 
police force do not record and investigate complaints in this behalf for H 
309 
310 
SUPREMECOURTREPORTS [1995] SUPP.1 S.C.R. 
A long periods of time, if those who had been abducted are found to have 
been unlawfully detained in police stations in the concerned State prior to 
their probable assassination, the case is not one of errant behaviour by a 
few members of that police force. On the contrary it betrays scant respect 
for the life and liberty of innocent citizens and exposes the willingness of 
B other in uniform to lend a helping hand to one who wreaks private 
vengeance on mere suspicion. [313-H, 314-A-B] 
2. This Court has in recent times come across far too many instances 
where the police have acted not to uphold the law and protect the citizen but 
in aid of a private cause and to oppress the citizen. It is a trend that bodes 
C ill for the country, and it must be promptly checked. The D.C.P., Punjab is 
expected to take a serious view in such cases if be is' minded to protect the 
image of the police force which he is heading. He can ill afford to shut his 
eyes to the nose-dive that it is taking witlt such ghastly incidents surfacing 
at regular intervals. Nor can the Home Department of the Central Govern-
ment afford to appear to be a helpless silent spectator. [314-C-D] 
D 
3. When the police force of a State acts as the Punjab Police has done 
in this case, the State whose arm that force is, must bear the consequences. 
It must do so in token of its failure to enforce law and order and protect 
its citizens and to compensate in some measure those who have suffered 
E by reason of such failure. The State of Punjab is directed to pay to the 
legal representatives of each of the said 7 persons the amount of Rs. 1.50 
lakhs within 2 weeks. Later when the guilty are identified the State should 
endeavour to recover the said amount which is the tax-payers' money. 
[314-E-F] 
F 
4. The prosecution of those who have been charge-sheeted in connec-
tion with the abduction and disappearance of the said 7 persons should 
be expeditiously conducted under the supervision of the Crime Branch of 
the Punjab Police. The court trying the accused shall decide the case on 
the evidence that may be laid before it without being unduly influenced by 
G what is stated in this order. [314-G) 
5. Disciplinary inquiries must be ~tarted against the accused as also 
against Sita Ram the then SSP., Batala and the then DIG, Border Range, 
Amritsar. Others responsible for delaying the registration of the complaint 
and inquiry thereon must also be identified and proceeded agai

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