PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATION versus THE STATE OF PUNJAB AND ORS.

Citation: [1996] SUPP. 2 S.C.R. 787 · Decided: 10-05-1996 · Supreme Court of India · Bench: KULDIP SINGH, FAIZAN UDDIN
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Judgment (excerpt)

.... · 
PUNJAB AND HARYANA HIGH COURT BAR ASSOCIATION 
A 
v. 
THE STATE OF PUNJAB AND ORS. 
MAY 10, 1996 
[KULDIP SINGH AND FAIZAN UDDIN, JJ.] 
B 
Indian Penal Code, 1860 : 
Ss.364, 302, 201-Abduction and murder of an advocate, his wife and 
a child-Petition before High Court seeking direction for independent in-
C 
quiry--High Court declining to inteifere-Appeai-Directions by this Court to 
CBI to take up the investigation-Report of CB.I. indicating that person 
accused in the case was falsely implicated and naming certain Police Officers 
prima facie responsible for the false implication and suggesting their prosecu-
tion as also action against D.I.G. Punjab Police for his lack of super-
D 
vision-Held, as regards prosecution of the Police Officers, matter to be 
argued before trial court-It would be in the interest of justice to suspend the 
police officers during the course of the trial-171e person falsely implicated 
would be released forthwith and the Government would pay Rs. 2,00,000 to 
him as compensation for sufferings caused to him because of false implica-
E 
tion in the case in particular his remaining in jail for a long period-Govern-
ment would pay Rs. JO, 00, 000 as compensation to the parents of the deceased 
Advocate. 
Constitution of India, 1950: 
A1ticle 136-Compensation for murder and false implication of in-
1_1ocent person in the niurder cas~Abduction and murder of an advocate and 
F 
his family members-On directions by this Court CB.I. submitting its report 
indicating that person accused in the case was falsely implicated and naming 
some police officers prima facie responsible for false implication-171is Court G 
directing to pay Rs. 10,00,000 as compensation to parents of deceased advo-
cate and Rs. 2, 00, 000 to the person falsely implicated in the case-Action to 
be taken against ening police officers. 
Nilabati Behera v. State of Orissa, [1993] 2 SCC 746, relied on. 
H 
787 
788 
SUPREME COURT REPORTS [1996] SUPP. 2 S.C.R. 
A 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7243 of 
1993. 
From the Judgment and Order dated 19.3.93 of the Punjab & 
Haryana High Court in C.W.P. No. 23i6 of 1993. 
B 
A.N. Jayram, Additional Solicitor General, Dinesh Mathur, 
c 
D 
E 
F 
G 
H 
Navikiran Singh, R. Barra, Sudhir Walia, R.S. Suri C.B. Babu, P. Parmesum 
and Debasis Misra for the Appearing parties. 
The following Order of the Court was delivered : 
This Court by the order dated December 7, 1993 directed the Central 
Bureau of investigation (CBI) to investigate into the mysterious and most 
tragic abduction and alleged murder of Kulwant Singh, Advocate, his wife 
and their two year old child. This Court noticed the inaction on the part 
of the High Court in the following words: 
"The High Court was wholly unjustified in closing its eyes and ears 
to the controversy which had shocked the lawyer fraternity in the 
Region. For the reasons best known to it, the High Court became 
wholly oblivious to the patent facts on the record and failed to 
perform the duty entrusted to it under the constitution. After giving 
our thoughtful consideration to the facts and circumstances of this 
case, we are of the view that the least the High Court could have 
done in this case was to have directed an independent investiga-
tion/enquiry into the mysterious and most tragic abduction and 
alleged murder of Kulwant Singh Advocate and his family." 
The operative part of the order dated December 7, 1993. was as under: 
"We therefore, direct the CBI to take up the investigation of the 
case F.I.R. No. 10 dated 8.10.1993 under sections 364/302/201, 
I.P.C. and 3/4/5 T.A.D.A. (P) Act, Police Station Rupnagar, Dis-
trict Ropar with immediate effect. We further direct the Senior 
Superintendent of Police, Ropar and the Station House Officer, 
Police Station Rupnagar to assist the CBI in conducting the inves-
tigation. The CBI shall exercise all the powers available to it under 
the Criminal Procedure Code and any other provision of law. The 
State of Punjab through its Home Secretary is further directed to 
provide all assistance to the CBI in this respect. 
PB,ANDHARYANAHIGH COURTv. STATE 
789 
We direct the Director, CBI to depute a responsible officer to A 
hold the investigation as directed by us. This may be done within 
one week from the receipt of this order. The CBI shall complete 
the investigation "ithin three months from the date of receipt. of 
this order by the Director and submit its report in accordance 
with
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