MRS. PARAMJIT KAUR versus STATE OF PUNJAB AND ORS.

Citation: [1995] SUPP. 5 S.C.R. 250 · Decided: 15-11-1995 · Supreme Court of India · Bench: KULDIP SINGH, S. SAGHIR AHMAD · Disposal: Disposed off

Judgment (excerpt)

A 
B 
c 
MRS. PARAMJIT KAUR 
v. 
STATE OF PUNJAB AND ORS. 
NOVEMBER 15, 1995 
[KULDIP SINGH AND S. SAGHIR AHMAD, JJ.] 
Constitution of India-Art. 32-H abeas corpus petition-Allegation of 
kidnapping by persons in police unifomis--Order to withdraw investigation 
from Punjab Police-Matter to be handed over to Central Bureau of inves-
tigation-Press Note dated 16. 1.1995 stating about cremation by police of dead 
bodies as 'Unclaimed Deadbodies-CBI directed investigate into facts. 
A Habeas corpus petition was filed alleging that petitioner's hus-
band, General Secretary, Human Rights Wing of Shiromani Akali Dal had 
been kidnapped by some persons in police uniforms from a busy residential 
D area of Amritsar; that the kidnapping was witnessed by a large number of 
neighbours and other persons as it was broad day light; that the victim had 
apprehention of his safety prior to his being taken into custody and the 
SSP, Tarn Taran Positively threatened her husband as he was continuously 
exposing the black deeds of the Punjab Police. Various reports of the 
E 
Human Rights Wing, Shiromani Akali Dal were annexed stating how the 
Punjab Police and in particular the police of Tarn Taran District had been 
indicated for their excesses in extra judicial murders. President, Shiromani 
Gurdwara Prabandhak Committee in his affidavit supported the petitioner 
while stating that the petitioner's husband had played a major role in the 
investigation of the 'Unclaimed Deadbodies' as compiled by the Human 
F 
Rights Wing in its reports and he used to encourage the victims of state 
excesses to file petitions in the High Court and Supreme Court. The af- · 
fidavits filed by some Advocates supporting the petitioner were also in 
similar terms. Copy of the Press Note dated 16.1.1995 issued by the Human 
Rights Wing of the Shiromani Akali Dal under the signatures of the 
G petitioner's husband under the caption "Disappeared", "Cremation 
Ground", had been annexed along with the rejoinder. The Press Note stated 
that the investigation team decided to work in the Amritsar area le~rnt that 
the police regularly bring bodies to the municipality cremation grounds for 
cremation declaring them as unclaimed; that the team found that the only 
record of these un~laimed bodies was available from the receipt book 
H through which firewood was Jssued for the disposal of the bodies; that in 
250 
PARAMTITKAUR v. STATE OF PUNJAB 
251 
Amritsar District from 1.6.1984 to the end of 1994 about 2000 bodies had A 
been cremated as unclaimed and the officials expressed their inability to 
show any records. 
The petitioner filed further affidavit stating that inspite of giving 
names of the of1icers, who were involved in the kidnapping of her husband, 
her husband still remained in illegal custody and she had not been asked 
to help the investigation in any manner; that her husband had been a 
staunch crusader of human rights and had made startling discoveries 
about thousands of persons who were liquidated by the Punjab Police and 
their bodies disposed of as unclaimed/unidentified. Along with the affidavit 
an alleged list of persons/bodies which were allegedly unclaimed and 
unidentified and stated to be cremated was given. 
B 
c 
Counter af1idavit had been filed by the Superintendent of Police, 
Amritsar, stating that the petitioner's husband was neither wanted nor 
arrested by the Amritsar Police in any criminal case and that investigations 
were currently in progress and all out efforts were being made to trace the D 
victim. The Senior Superintendent of Police. Tarn Taran also filed affidavit 
stating that the allegations made against him were not correct and that he 
never threatened the petitioner's husband at any time nor did he ever 
influenced him directly or indirectly for the withdrawal of the writ petition 
etc. which were pending enquiries concerning police excesses, custodial E 
deaths and police kidnappings. 
The Advocate General, Punjab had stated that keeping in view the 
serious allegations levelled by the petitioner against the officers/officials of 
the Punjab Police, it would be in the interest of justice that the investigation 
in this matter be handed over to an independent authority. 
F 
Disposing of the matter, this Court 
HELD : 1.1. In order to instil confidence in the public mind and to 
do justice to the petitioner and his family it would be proper to withdraw G 
the investigation from Punjab Police in this case. The Director

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