Judgment

KULDIPSINGH

( 1 ) A letter-petition dated 29/5/1994 by Navkiran Singh and 16 other advocates practising in the Punjab and Haryana High court at Chandigarh and various other places in Punjab voicing their concern over the kidnapping/elimination of advocates in the State of Punjab was addressed to the chief justice of India. Copies thereof were sent to all the Judges of the Supreme court. A note was received from the residential office of one of us (Kuldip Singh, J.) desiring that the letter be treated as a writ petition under Article 32 of the Constitution of India, if permitted under the Rules, and be placed before an appropriate bench. The petition was examined by the PIL cell of the Supreme court and it was decided to treat the letter-petition as a petition under Article 32 of the Constitution of India.

( 2 ) PARAS 3 and 4 of the writ petition are reproduced hereunder:

"3. The Punjab situation is not unknown to anybody. Rather, it has gone to international sphere. The most talked about matter is the failing of the rule of law at the hands of the State Administration and its law- enforcing agencies, more prominently the police and paramilitary forces. For the present, we are not concerned with any other aspect of the matter, but our serious concern is with regard to the kidnapping of advocates in Punjab by the Punjab Police and thereafter elimination thereof, but taking the stand that their whereabouts are not known to the police. Ranbir Singh Mansahia, an advocate from Bhatinda was kidnapped by the Punjab Police some three years ago and uptil now his whereabouts are not made known. Thereafter, Jagwinder Singh, an advocate from Kapurthala was taken away by the Punjab Police and possibly was done to death. Thereafter, towards the start of 1993 Kulwant Singh, advocate of Ropar, his wife, and their son, only 1-1/2 years old, was kidnapped by the Ropar Police (Punjab) and after a long persuasion of the matter, the State took the stand that they have been killed at the hands of a terrorist. The State was not even prepared to investigate into the case and ultimately, the matter went over to the Supreme court from where there was a direction to probe into the case by the CBI, which is yet not complete. It is a fact that advocates of Punjab, Haryana and Chandigarh remained on strike for about two months in relation to the matter of Kulwant Singh. With regard to other advocates also, at some places, the advocates went on strikes.

4. Now on 2/5/1994, Sukhwinder Singh Bhatti, advocate of Sangrur was returning to his village after court work. Earlier, he used to come to the courts on a scooter. Sensing trouble from the police there, he started travelling in the bus with a view that he will be more safe in the company of the public in the bus. It is also stated that he was made to get down from the bus on the date referred to above by some armed persons in plain clothes, who were having a vehicle without number. There were three eyewitnesses of the same village to which Shri Bhatti belongs. The police posts on both sides of the road were there from 593 where he was made to alight from the bus. Every vehicle is to be checked especially when it is without number and is occupied by persons having weapons. Therefore, there cannot be any other kidnapper excepting the Punjab Police people. Uptil now, his whereabouts are not available, although, the police registered a case of kidnapping. It is a strange situation that when the police is itself kidnapping, a false case is being registered and its outcome can well be imagined. Various Bar Associations are taking up the matter in different ways by approaching the State Administration or seeking legal remedy. It will not be difficult to predict that the kidnapped advocate will suffer the same fate as Mansahia, Jagwinder Singh and Kulwant Singh. "

( 3 ) IT was, inter alia, prayed in the petition that the persons responsible for kidnapping and killing of the advocates be suitably punished, appro