IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Criminal Misc.No.41911-M of 2006

Date of Decision: January 10, 2007

Kirpal Singh Randhawa

...Petitioner

VERSUS

State of Punjab & others

...Respondents

CORAM:

HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest?

Present:

Mr.Gurmeet Singh, Advocate,

for Mr.R.S.Bains, Advocate,

for the petitioner.

Mr.M.C.Berry, Sr.DAG, Punjab,

for the State.

*****

Kirpal Singh Randhawa, an important witness in the case of

abduction and disappearance of Jaswant Singh Khalra, Human Rights Activist,

seeks directions for his proper security, which, according to him, is being

thinned despite the directions of the Hon'ble Supreme Court. Jaswant Singh

Khalra, was allegedly murdered brutally by group of nine police officials,

including the then SSP, Tarn Taran, leading to registration of an FIR No.14(S)/

95/Delhi under Sections 120-B, 364, 302, 201 read with Section 34 IPC. This

FIR had been registered under the directions of the Hon'ble Supreme Court and

Criminal Misc.No.41911-M of 2006 :2:

was investigated by the CBI, which had presented this challan.

The petitioner, who admittedly is an eye-witness in the

murder case of Jaswant Singh Khalra, fears that his security is

endangered in view of the withdrawal of Escort Gypsy earlier

provided to him under the directions of the Hon'ble Supreme Court,

which has resulted in his security guard being ineffective in travelling

with him, while he is required to go on some social or other such

commitments. The perusal of the petition would reveal that the

petitioner has given an eye-witness account in the case of above-

noted murder trial leading to conviction of different police officials for

an offence under Sections 302/201.364/120-B/34 IPC. Having regard

to the involvement of police officials and the importance of this case,

the Hon'ble Supreme Court vide its order dated 15.3.1996 had given

directions for providing full protection to all the witnesses, who were

assisting the CBI in investigating this murder case known as `Khalra

murder case'. The order in this regard has been annexed as

Annexure P-1 with this petition and the relevant portion thereof reads

as under:-

“We direct the Home Secretary and the Director General

of Police, State of Punjab, to give full protection to all the

witnesses who are assisting the CBI in this investigation

as and when any of the witnesses ask for police

protection (independent) the same be provided to them.”

It may also need a notice that having regard to sensitive nature of the

case and the influence that the police officials may have been able

to exercise, the directions were issued by the Hon'ble Supreme Court

to transfer all the police officials out of district Amritsar. So much so

Criminal Misc.No.41911-M of 2006 :3:

that Shri Ajit Singh Sandhu, SSP, Tarn Taran was not permitted to

retain accommodation at Taran Taran, though he had been

transferred from the district under the orders of the Hon'ble Supreme

Court. On request made by DSP K.S.Joshi, Investigating Officer,

CBI, Jaspal Singh, DSP, Tarn Taran and Surinder Pal Singh, SHO,

Police Station, Sarhali were directed to be transferred from the

District with the further directions that they shall not be posted either

in the Districts of Amritsar or Tarn Taran or the adjoining Districts.

Complying with the directions of the Hon'ble Supreme Court, the

petitioner was provided six gunmen, three from CISF and three from

Punjab Police, who have remained with him for providing protection

to his life and liberty. He was also provided Escort Gypsy alongwith

150 litres of petrol per month for his day-to-day pursuits. It is in this

background that the prese