The fundamental duty of the law to protect the liberty and life of every citizen, and the right to medical treatment as per the doctor's advice.

R.L.Anand, J.

1. Ms. Satinderjit Kaur petitioner has sought directions against respondents No. 1 to 4 including Partap Singh Bajwa, Minister Public Relations, Civil Secretariat, Punjab, respondent No. 3 praying as follows :

a) issue directions to respondent No. 4 to give effective medical treatment to Gurjinder Singh husband of the petitioner as per advice of the doctors and get the surgery performed forthwith;

b) issue directions to State to disclose to the petitioner all the cases in which her husband Gurjinder Singh is wanted for investigation;

c) issue directions to the respondent No. 4 that Gurjinder Singh may not be taken out of jail except in handcuffs and irons so that no excuse is given to the police party for enacting a false encounter or any accident;

d) issue directions that Gurjinder Singh be interrogated only in the jail premises and not taken out for remand without permission of this Honble Court and after due notice to the family.

e) issue any other writ, order or direction, which this Honble Court may deem fit and proper in the circumstances or the case.

2. The prayer of the present petitioner is being disputed by the respondents. There is no quarrel about the proposition that Satnam Singh Bajwa was the father of Partap Singh Bajwa, respondent No. 3, who is admittedly a Minister in the Cabinet of Punjab Govt. There is a sacred maxim of law that not only justice should be done but it seems to have been done. It is also not disputed that for the murder of Satnam Singh Bajwa, father of respondent No. 3, 10 persons were arrayed as suspects. Out of these 10 persons, 7 persons had died and they did not even face the trial for the murder of Mr. Satnam Singh Bajwa. Under these circumstances, a genuine apprehension can be entertained by the present petitioner Satinderjit Kaur wife of Gurjinder Singh that lest her husband may also not meet with the same fate which has been given to 7 persons who were not tried regularly for the murder of Satnam Singh Bajwa. It is fundamental and sacred duty of the law of protect the liberty of every citizen of India irrespective of the fact that he is being labelled with the most henious offences because rule of law is supreme. No person can be condemned unheard particularly on the basis of the allegations made against him. In these circumstances, out of the five directions sought for by the present petitioner this Court is of the considered opinion that directions must be given to respondent No. 4 to give effective medical treatment to Gurjinder Singh as per advice of the doctor and in case the doctor further opines that surgery is required on the person of Gurjinder Singh for any ailment he must be given due medical aid so that surgery can be performed upon him by competent surgeons of the Govt. hospital. Life is most valuable one to a human being and there is no substitute of life. Keeping in view the above principle, the first direction sought by Smt. Satinderjit Kaur has become necessary.

3. The second direction sought by the petitioner cannot be given because in the opinion of this Court it is a fiercing and roaming enquiry.

4. The third directions is also given to respondent No. 4 that Gurjinder Singh may not be taken out from the Jail premises except with the permission of CJM concerned who will be competent to formulate an opinion whether the taking out of Gurjinder Singh from jail premises has become necessary in a particular given up circumstances or not. While giving directions to the authorities for taking out Gurjinder Singh every care must be taken out by the learned CJM to satisfy himself that the personal security of Gurjinder Singh may not be jeopardised at the hands of the police authorities.

5. With regard to fourth prayer it has become infructuous in view of the relief given above in the present petition.

6. Resultantly in the end, the petition is partly allowed as indicated above.