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2018 Supreme(P&H) 378
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rakesh Kumar Jain, J.
Harjit Kaur – Petitioner
Versus
State of Punjab and others – Respondents
CWP No.2131 of 2016 (O&M)
Decided On : 17-04-2018
For the Petitioner:Mr. Mohinder Kumar, Advocate,
For the Respondent: Ms. Deepali Puri, Addl. A.G.
The main legal point established in the judgment is that even if a person is a dreaded criminal, they cannot be killed in cold blood, and the police must make an effort to arrest such a person.
Headnote:
Compensation - Fake Encounter - Arms Act, 1959 - IPC - [Section 307 IPC, 25, 27 of Arms Act, 1959, Section 304 read with Section 34 of IPC, Section 173(2) Cr.P.C., Section 197 Cr.P.C.]
Fact of the Case:
The petitioner, widow of Mukhjit Singh, filed a petition seeking compensation for his alleged killing by the police in a fake encounter. The deceased was shot by the police, and subsequent investigations and departmental actions were undertaken.
Finding of the Court:
The court found that the deceased had not attacked the police and was killed in a fake encounter. The court relied on precedents and awarded the petitioner an amount of Rs.20 lakhs as compensation, deducting the Rs.5 lakhs already paid.
Issues: The issues revolved around the compensation to be awarded to the petitioner for the death of her husband in a fake encounter by the police.
Ratio Decidendi: The court relied on the principle that even if a person is a dreaded criminal, they cannot be killed in cold blood, and the police must make an effort to arrest such a person.
Final Decision: The court disposed of the petition with a direction to the respondents to pay the remaining amount of compensation of Rs.15 lakhs to the petitioner within 3 months.
Rakesh Kumar Jain, J.
1. The petitioner is the widow of one Mukhjit Singh @ Mukha who was allegedly killed by the police in a fake encounter on 16.06.2015 has preferred this petition for seeking compensation.
2. In brief, the petitioner was married to Mukhjit Singh and is having two children. He was the sole bread winner of the family. He was 38 years of age when he was killed by a police party of Amritsir District on 16.06.2015 at about 6.30 pm at Mudhal, near Verka, by opening indiscriminate firing at him when he was sitting in his car and caused 23 gunshot injuries to which he succumbed at the spot. It is submitted that in order to cover up the killing of Mukhjit Singh, one FIR No.242 dated 16.06.2015, under Sections 307 IPC read with Section 25 and 27 of the Arms Act, 1959 was registered at Police Station ‘A’ Division, Amritsar at 11:00 pm on the complaint of one SI Ramesh Kumar.
3. In response to this petition, various affidavits by way of reply have been filed. In the reply dated 27.05.2016, filed by G. Nageswara Rao, IPS, IGP/Crime, Punjab, it is averred that the Director General of Police, Punjab, vide his order No.1304-09/Crime/Inv.-1 dated 17.06.2015, constituted a Special Investigation Team to investigate the above-said FIR case. It is further averred in the said reply that the SIT is finalizing the report of investigation of the aforesaid FIR case which would be submitted to the Court shortly. Thereafter, another reply was filed by G. Nageswara Rao, IPS, IGP/Crime, Punjab on 18.07.2016, in which he made the following averments:-
“5. That the Special Investigation Team has completed the investigation of above-said case FIR No.242 dated 16.06.2015 under Sections 307 IPC and 25, 27 of Arms Act, PS ‘A’ Division, Commissionerate Amritsar and the Report of Investigation was submitted to the Director General of Police, Punjab through the Director, Bureau of Investigation, Punjab, vide letter No.2127/R/IGP/Crime, dated 16.6.2016, which has been approved by the DGP, Punjab. The Report of Investigation along with case file has been sent to Commissioner of Police, Amritsar, for further necessary action as per recommendations of the SIT. The following recommendations have been made by the Special Investigation Team in its report submitted to the Director, Bureau of Investigation, Punjab :-
“RECOMMENDATIONS OF THE SPECIAL INVESTIGATION TEAM
Based upon the investigation conducted by the SIT, the following is recommended:-
(I) The allegations levelled in the FIR against deceased Mukhjit Singh @ Mukha amounting to commission of offences under Section 307 of IPC, 25, 27 of Arms Act, 1959, are not proved.
(II) Police Report under Section 173(2) Cr.P.C., be filed for commission of offence punishable under Section 304 read with Section 34 of IPC, after obtaining necessary Sanctions for prosecution under Section 197 Cr.P.C. against the following police officials:-
(i). SI Ramesh Kumar No.1382/GSP.
(ii). ASI Joginder Singh No.2639/ASR.
(iii). HC Ranbir Singh No.821/ASR.
(iv). HC Rajesh Kumar No.3564/ASR.
(v). HC Sandeep Kumar No.2176/ASR.
(vi). HC Jasbir Singh No.669/ASR.
(vii). C-II Navjot Singh No.2895/ASR.
(viii). Ct. Satwinderjit Singh No.3894/ASR.
Although, as per record of the Kot Incharge, Amirtsar, AK-47 Assault Rifle No.88320625 was issued to Ct. Love Kumar No.3568/ASR, the same was used by HC Rajesh Kumar No.3564/ASR, on the day of incident.
(III) In view of the fact that AK-47 Assault Rifle issued to Ct. Love Kumar No.3568/ASR was used by HC Rajesh Kumar No.3564/ASR, Regular Departmental Action is recommended against Ct. Love Kumar No.3568/ASR for allowing HC Rajesh Kumar No.3564/ASR to use his weapon on the day of incident.
(IV) As MHC Baljit Singh, No.70/ASR allowed 'Malkhana' vehicle bearing Registration No.PB-08/BP-4613 to be misused by Sub Inspector Ramesh Kumar, No.1382/GSP, Departmental action is recommended against these two officials.
(V) As HC Kanwaljit Singh, No.1957/ASR, Incharge Cyber/Computer Cell misused 'Malkhana' vehic
