ORDER

Kuldip Singh, J. - A telegram was received at the residence office of one of us (Kuldip Singh, J.). This Court on September 11, 1995 passed the following order:

"The telegram in hand has been received at the residence office of one of us (Kuldip Singh, J.). The sender of the telegram is Mr. Gurcharan Singh Tohra. It is stated in the telegram that Sardar Jaswant Singh Khalra, General Secretary Human Rights Wing of Shiromani Akali Dal has been kidnapped by the police. We treat this telegram as a Habeas Corpus Petition and issue notice to the Home Secretary, Punjab, Director General of Police, Punjab, and the Senior Superintendent of Police, Amritsar returnable within one week. Mr. Sodhi who is present in Court states that he has also filed a petition in this Court in this respect. He undertakes to serve the respondents by dasti process in addition. The Registry to serve these respondents by telex/telephone or fax,"

Meanwhile Mrs. Paramjit Kaur wife of Jaswant Singh. Khalra also filed a petition under Article 32 of the Constitution of India seeking direction in the nature of habeas corpus.

2. It is alleged in the petition that on September 6, 1995 at about 9.20 A.M. while Petitioners husband J.S. Khalra was washing his car outside the gate of House No.8, Kabir Park. Amritsar, a Maruti Van, sky blue, colour bearing Registration No. BBN-5969 came and stopped close to the place where Mr. Kalra was working. Four uniformed policemen with black head dresses (Patkas), and armed with automatic weapon jumped out of the Van. They had walky-talky instruments with them. They pointed the weapons at Khalra mishandled him despite his protests and pushed him into the Van form the rear. It is further alleged that the policemen informed through walky-talky to some one presumably their superior that Khalra had been taken into custody and the job/mission was a success. The Van was followed by an open police Gypsy wherein 4/5 policemen, fully armed were standing and an officer was sitting in the front seat. The Gypsy gave cover to the Maruti Van. It is, thus, alleged in the petition that Khalra was kidnapped by some persons in police uniforms at 9.20 a.m. form a busy residential area of Amritsar.

3. It is stated in the petition that Rajeev Singh. Son of Shri Parkash Singh, who was present close by witnessed the kidnapping. He even tried to intervene but was pushed aside. He managed to overhear the conversation on walky-talky and also noted the number of Maruti Van in which Khalra had been taken. It is further stated that the kidnapping was witnessed by a large number of neighours and other persons since it was broad daylight (9.20 a.m.) when people were on way to their normal vocations. The petitioner states that while she was going to the university, where she works, she also noticed the Gypsy with the police personnel and she would be in a position to recognise some of the persons standing in the Gypsy.

4. The petition further states that the petitioner along with friends and relatives went to Police Station Islamabad, sent telegrams to the Chief Justice of India, Chief Justice of Punjab and Haryana High Court, Director General of Police, Punjab and various other authorities. It is stated that they also met Mr. D.R. Bhatti, Inspector General of Police. Para 19 of the writ Petition is as under:

"The petitioner firmly believes that her husband has been picked up at the instance of Ajit Singh Sandhu, SSP, Tarn Taran Police District, who has on various occasions being threatening the petitioners husband with dire consequences if he did not influence and/or play an active role in getting the writ petitions withdrawn wherein police accesses, custodial deaths and police kidnapping were pending enquiries before the High Court and which Mr. Sandhu felt, have been initiated at the instance of Mr. J.S. Khalra. This aspect of the matter has been widely covered in various press conferences and news items."

5. Counter affidavit has been filed by Mr. Sukhdev Si