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1997 Supreme(SC) 1198

G.T.NANAVATI, V.N.KHARE
Malkiat Singh – Appellant
Versus
State Of U. P. – Respondent


ORDER

1. This is a habeas corpus petition filed by the father of one Talvinder Singh. The allegation of the petitioner is that since 12-7-1991 Talvinder Singh has been kept in illegal custody by the police officers of District Pilibhit, State of U.P. It is now unnecessary to state other facts and allegations as on the basis of the report filed by the Additional Chief Judicial Magistrate, Pilibhit. Pursuant to the order passed by this Court on 9-3-1992, it can be stated with reasonable certainty that Talvinder Singh was killed in an alleged encounter which took place between the police and 4 Sikh youths on 13-7-1991 at Phagunal Chat in the jurisdiction of P. S. Bilsanda. From the charge-sheet filed by the CBI against some police officers in respect of deaths of 10 other Sikh youths, it appears that while deceased Talvinder Singh along with other Sikh youths was travelling in a bus, he was made to get down from it and was taken into custody by the police. What happened thereafter and the manner in which the encounter took place is neither explained by the police nor has been stated by the CBI or the ACJM, Pilibhit, who conducted the enquiry.

2. In view of the report of ACJM this Cour




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