SMT. HARBANS KAUR versus UNION OF INDIA AND ORS.

Citation: [1994] SUPP. 6 S.C.R. 642 · Decided: 16-12-1994 · Supreme Court of India · Bench: B.P. JEEVAN REDDY · Disposal: Hearing Adjourned

Judgment (excerpt)

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SMT. HARBANS KAUR 
v. 
UNION OF INDIA AND ORS. 
DECEMBER 16, 1994 
[B.P. JEEV AN REDDY AND SUHAS C. SEN, JJ.] 
Constitution of India, 1950: Article 32 
Habeas Corpus-Petitioner alleging illegal detention, torture and 
harassment of her sons by police-Allegation of Custodial death of one. 
son-Directions by Supreme Court-Enquiry into alleged illegal detention 
and custodial death. 
The petitioner filed a writ of habeas corpus in this Court praying 
for directions to Director General of Police, Punjab to produce her sons 
SP and SS as well as an inquiry into the cause of death of her other son 
G who died in police custody. The case of the petiti<mer was that her 
sons SP and SS were picked up by police on 3.4.94 and 5.4.94 
respectively. They were not only kept in unlawful police custody for a 
long time but were also tortured and harassed. As regards G, her case 
was that he was taken to police custody on 27.4.94 and was mercilessly 
beaten and when his condition became very critical, the police got him 
admitted in hospital where he was declared dead. The petitioner 
further stated that against illegal detention of her sons, she represented 
through various telegrams and letters to Director General of Police and 
various other authorities and since she did not receive any reply she 
filed a writ of habeas corpus. However, subsequent to the filing of the 
writ petition, SP and SS were produced before the Judicial Magistrate 
at Ludhiana on 22.6.94 who remanded them to judicial custody. 
The respondents admitted that SP and SS were arrested in 
connection with investigation of a criminal case but denied the 
allegation that G was arrested by police. 
Adjourning the matter, this Court 
HELD: I. Since SP and SS have been produced before the Magis-
trate. who has remanded them to judicial custody, no writ of habeas 
corpus need be issued in respect of them. (646 HJ 
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HARBANS KAUR v. U.0.1 [SEN, J.] 
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2. So far as G is concerned, the unfortunate fact is that he has died A 
in a hospital. According to the hospital records, his body was handed 
over to his wife. It also appears from the hospital record that at the 
time of admission, nephew of G gave written consent on behalf of G to 
undergo the treatment and operation in the hospital. Since G has died 
no question arises for issue of a writ of habeas corpus in his case. 
(646 H, 647 A to BJ B 
3. However, very disturbing facts have been brought to the notice 
of the Court concerning life and liberty of petitioner's sons. Petitioner 
had been complaining about the illegal detention of her three sons for a 
long time. In the facts of this case, it is difficult to assume that the 
letters and the telegrams that were sent by the petitioner, were without C 
any basis. Therefore, in the interest of justice, this case should be inves-
tigated by the Director General of Police, Punjab. He is directed to 
make an enquiry as to exactly when SP and SS were taken into police 
custody and enquiry should also be made as to when if at all, G was 
taken into police custody and whether he was mercilessly beaten in 
police custody which, ultimately, led to his death. He is further directed D 
to submit a report to this Court within eight weeks from the date of this 
order. [647 D to F] 
CRIMINAL ORIGINAL JURISDICTION: Writ Petition (Crl.) 203 of 
1994. 
(Under Article 32 of the Constitution of India.) 
R.P. Kathuria, Nag Pandey and K.K. Gupta for the Petitioner. 
R.S. Suri for the Respondent. 
The Judgment of the Court was delivered by 
SEN, J. This is a habeas corpus petition filed by Smt. Harbans Kaur. 
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The Petitioner Prays for a direction upon the Director General of Police, 
State of Punjab, and other respondents, to produce the petitioner's sons 
Surinder Pal Singh and Sarvjeet Singh. There is also a prayer for an order 
directing inquiry into the cause of death of Gurbax Singh. The allegation is 
that Gurbax Singh was in police custody from 3rd April, 1994 till date of G 
his death. 
It has been alleged in the petition that Surinder Pal Singh, Gurbax 
Singh, Sarvjeet Singh and Manjit Singh, the sons of the petitioner, were 
married and were living with their families at 1619/2, Durgapuri, Habowal, 
Kalan, Ludhiana, Punjab, along with their mother, the petitioner herein. 
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SUPREME COURT REPORTS 
(1994] SUPP. 6 S.C.R 
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On 3.4.1994 Surinder Pal Singh was called to the police post through a 
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constable. Since then his whe

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