ORDER

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 investigation/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 FIR No. 10 dated 8.10.1993 under Sections 364/302/201, IPC and 3/4/5 T.A.D.A. (P) Act, Police Station Rupnagar, District 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 investigation. 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.

We direct the Director, CBI to depute a responsible officer to 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 within three months from the date of receipt of this order by the Director and submit its report in accordance with law. The proceedings before the Addl. Distt. & Sessions Judge, Rupar, shall remain stayed till March 31, 1994."

This Court granted extension to the CBI from time to time for the completion of the investigation. The CBI submitted the final report to this Court on March 7, 1996 whereunder following actions have been recommended :

"(i) Harpreet Singh @ Lucky s/o of Gurmit Singh Saini, r/o vill. Bahadurpur, who is presently facing trial in case FIR No. 10/93 of PS Sadar Ropar in the Designated Court, Nabha has been falsely implicated in the case.

(ii) SI Avindervir Singh, ASI Darshan Singh, Inspr. Balwant Singh and DSP Jaspal Singh are prima facie responsible for the false implication of Harpreet Singh @ Lucky in the aforesaid case and are liable for prosecution for offences under Sections 193, 194, 211 and 218 IPC.

(iii) The State Government of Punjab is to be requested for taking suitable action against Shri Sanjiv Gupta, DIG, Punjab Police for his lack of supervision."

Mr. Navkiran Singh, Advocate, appearing for the Punjab and Haryana High Court Bar Association has vehemently contended that there is sufficient material on the record to prosecute the police officers for the abduction and murder of Kulwant Singh, Advocate and his family. He has invited our attention to the following paragraphs from the CBI report :

"6. Now the question arises, if Harpreet Singh @ Lucky had not abducted and murdered Kulwant Singh, Advocate and his family, then what happened to them. The evidence of the family members of Kulwant Singh Advocate is there to show that Kulwant Singh had talked to PS City, Ropar on telephone at about 9.30 PM on 25.1.93 and left the house alongwith his wife and son to the said police station for bringing Manjit Kaur and her son who were reportedly detained by the police. It is also in their evidence that he left the house in his Maruti Car No. DAQ-3804. Certain shop keepers/vendors falling enrou