JUDGMENT

Special leave granted.

2. This appeal is a sequel to an unfortunate occurrence dated January 25, 1993, wherein Kulwant Singh, Advocate, practising at the District Courts, Ropar, his wife and a child aged about two years were alleged to have been abducted and murdered. The lawyer fraternity in general and the advocates practising at the High Court and the District Courts in the States of Punjab, Haryana and the Union Territory of Chandigarh were not satisfied with the police investigation. The Punjab and Haryana High Court Bar Association (Bar Association) demanded a judicial enquiry into the occurrence by a sitting Judge of the High Court or a District Judge or a Vigilance Judge belonging to the higher Judiciary. Their demand, having not been accessed to by the State Government the Bar Association went on indefinite strike with effect from February 6, 1993. Later on, the District Bar Associations in the States of Punjab, Haryana and the Union Territory of Chandigarh also went on strike thereby stopping the functioning of the Courts throughout the jurisdiction of the Punjab and Haryana High Court. An action committee formed by the Bar Association held an enquiry into the matter and submitted its report on February 14, 1993. the report is reproduced hereunder:-

"REPORT OF THE KILLING OF MR. KULWANT SINGH, ADVOCATE, HIS WIFE AND TWO YEARS OLD SON.

Bar Association of Punjab and Haryana High Court formed an "Action Committee" for the release of Mr. Kulwant Singh, Advocate, his wife and two years old son, who were alleged to have been abducted. detained by the Ropar Police on 25th Jan. 1993.

The brief facts regarding detention/ abduction of Mr. Kulwant Singh, Advocate and his family and child Mr. Kulwant Singh was trying for the release of one Mrs. Manjit Kaur and her minor son who were being illegally detained by Ropar Police. Manjit Kaur belonged to the village Budha Bora and Mr. Kulwant Singh also belonged to the same village. The Panchayat of said village had requested Mr. Kulwant Singh, Advocate to get Manjit and her son released from illegal custody of the police. On 25th Jan. 1993 at about 9.25 P.M. Mr. Kulwant Singh rang up the police station to check up whether Manjit Kaur and her minor son had been released or not. He was told that two had been released and he could come and take them as the police wanted to hand them over to some responsible person. As a lady was to be brought, Mr. Kulwant Singh told his wife to accompany to the police station. There was no one to look after the child as Mr. Jagir Singh, Kulwant Singhs father was only one left behind in the house and as such the child was also taken along with by Mr. Kulwant Singh to the police station. Mr. Kulwant Singh and his family left for the police station, Ropar at about 9.30 P.M. in their maruti car and have not been heard of since then. Mr. Jagir Singh, father of Mr. Kulwant Singh, met the President of the Ropar District Bar Association and informed him about the whole thing. The two then contacted the S. H.O. Police Station Ropar and also D. S. P. Ropar. Mr. Jagir Singh then met the S. S. P. The S. S. P. told Mr. Jagir Singh that Mr. Kulwant Singh is not in the custody of Ropar Police and that he may have been taken away by police of some other District.

That five members led by Convener of Action Committee visited Ropar on 4th Feb. 1993 and met the members of the local Bar Association. They then met the Deputy Commissioner, Ropar at his residence and told him about their concern regarding Mr. Kulwant Singh and his Family. The D. C. told the Action Committee members that he had checked up with the local police and that Mr. Kulwant Singh and his family have not been picked up by the Ropar Police. The Police has nothing against him as he is not involved in any crime. He said that the police sent wireless messages all over Punjab and that some information regarding Mr. Kulwant Singh and his family will come soon.

The Action Committee members then met the S. P. O