JUDGMENT

C. Sen, J. - This is a habeas corpus petition filed by Smt. Harbans Kaur. The petitioner prays for a direction upon the Director General of Police, State of Punjab, and other respondents, to produce the petitioners’ 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 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.

On 3.4.1994 Surinder Pal Singh was called to the Police Post through a Constable. Since then his whereabouts were not known and it was alleged that he was kept in unlawful custody of Police and had not been produced before any Magistrate. The petitioner made representation to the Director General of Police and various other important persons of the State, but to no avail.

It has been alleged that on 27.4.1994 one Constable came to the house of the petitioner and asked for Gurbax Singh. The Constable slated that if Gurbax Singh appeared before SI Surjit Chand Sharma, then Surinder Pal Singh would be released from police custody.

On 24th June, 1994, Sarvjeet and Manjit applied for anticipatory bail in the Court of Additional Sessions Judge, Ludhiana, and an interim order was passed. The case was adjourned till 29.6.1994.

It has been/further alleged that on 5.6.1994 the third son of the petitioner Sarvjeet Singh was picked up by SI Surjit Chand Sharma. He was also not produced before the Court.

It has also been alleged that Gurbax Singh was taken to the police custody on 27.4.1994 and was mercilessly beaten. When his condition be came very critical, the Police got him admitted in the Hospital D.M.C., Ludhiana, on 9th June, 1994. On 12th June 1994 he was declared dead. It was the contention of the petitioner that none of the three sons of the petitioner were ever produced before the Court.

2. In the affidavit filed on behalf of the respondent, it has been stated that on 4.4.1994 an F.I.R. was filed in which allegations were made that five persons, namely, Gurbax Singh, Surinder Pal Singh, Sarvjeet Singh, Manjit Singh and Puran Singh, had committed offences under the provisions of Sections 420/408/468/471/148 and 411 of Indian Penal Code. The first four persons were the sons of the writ petitioner and the fifth person was a truck driver. After preliminary inquiries, Surinder Pal and Sarvjeet Singh were arrested on 23rd June, 1994 and were produced before the local Magistrate on 24.6.1994. The Judicial Magistrate remanded them to judicial custody at Central Jail, Ludhiana, where both the accused are now lodged Puran Singh was arrested subsequently on 8.7.1994 from Kamal. In his case, remand to police custody was ordered till 13.7.1994. Manjit Singh was avoiding police and hence could not be interrogated.

3. There is a controversy about the date-when Surinder Pal Singh and Sarvjeet Singh were taken into police custody. The writ petitioner as early as on 9.6.1994 and 13th June, 1994 had sent telegrams and letters to various authorities about the unlawful detention of her three sons. Surinder Pal Singh, Gurbax Singh and Sarvjeet Singh, in P.P. Ghumar Mandi, P.S. Division No.5, Ludhiana.

4. Since the telegrams and letters had no effect, this habeas corpus petition was filed. Thereafter, Surinder Pal and Sarvjeet were produced before the Judicial Magistrate, First Class, Ludhiana, on 29.6.1994 and were remanded to judicial custody at Central Jail of Ludhiana. Therefore, the habeas corpus petition in the case of Surinder Pal Singh and Sarvjeet Singh has now become infructuous.

5. The only question that remains for consideration is the case of Gurbax Singh. According to the respondents, Gurbax Singh had not b