MRS. PARAMJIT KAURversusSTATE OF PUNJAB AND ORS.

A                          MRS. PARAMJIT KAUR
                                    v.
                        STATE OF PUNJAB AND ORS.

                              NOVEMBER 15, 1995

B              [KULDIP SINGH AND S. SAGHIR AHMAD, JJ.]

           Constitution of India-Art. 32-Habeas corpus petition-Allegation of
    kidnapping by persons in police unifomis--Order to withdraw investigation
    from Punjab Police-Matter to be handed over to Central Bureau of inves-
c   tigation-Press Note dated 16. 1.1995 stating about cremation by police of dead
    bodies as 'Unclaimed Deadbodies-CBI directed investigate into facts.

          A Habeas corpus petition was filed alleging that petitioner's hus-
    band, General Secretary, Human Rights Wing of Shiromani Akali Dal had
    been kidnapped by some persons in police uniforms from a busy residential
D   area of Amritsar; that the kidnapping was witnessed by a large number of
    neighbours and other persons as it was broad day light; that the victim had
    apprehention of his safety prior to his being taken into custody and the
    SSP, Tarn Taran Positively threatened her husband as he was continuously
    exposing the black deeds of the Punjab Police. Various reports of the
E   Human Rights Wing, Shiromani Akali Dal were annexed stating how the
    Punjab Police and in particular the police of Tarn Taran District had been
    indicated for their excesses in extra judicial murders. President, Shiromani
    Gurdwara Prabandhak Committee in his affidavit supported the petitioner
    while stating that the petitioner's husband had played a major role in the
    investigation of the 'Unclaimed Deadbodies' as compiled by the Human
F   Rights Wing in its reports and he used to encourage the victims of state
    excesses to file petitions in the High Court and Supreme Court. The af- ·
    fidavits filed by some Advocates supporting the petitioner were also in
    similar terms. Copy of the Press Note dated 16.1.1995 issued by the Human
    Rights Wing of the Shiromani Akali Dal under the signatures of the
G   petitioner's husband under the caption "Disappeared", "Cremation
    Ground", had been annexed along with the rejoinder. The Press Note stated
    that the investigation team decided to work in the Amritsar area le~rnt that
    the police regularly bring bodies to the municipality cremation grounds for
    cremation declaring them as unclaimed; that the team found that the only
    record of these un~laimed bodies was available from the receipt book
H   through which firewood was Jssued for the disposal of the bodies; that in
                                         250
                 PARAMTITKAUR v. STATE OF PUNJAB                            251

Amritsar District from 1.6.1984 to the end of 1994 about 2000 bodies had A
been cremated as unclaimed and the officials expressed their inability to
show any records.

       The petitioner filed further affidavit stating that inspite of giving
names of the of1icers, who were involved in the kidnapping of her husband,
her husband still remained in illegal custody and she had not been asked           B
to help the investigation in any manner; that her husband had been a
staunch crusader of human rights and had made startling discoveries
about thousands of persons who were liquidated by the Punjab Police and
their bodies disposed of as unclaimed/unidentified. Along with the affidavit
an alleged list of persons/bodies which were allegedly unclaimed and               c
unidentified and stated to be cremated was given.

      Counter af1idavit had been filed by the Superintendent of Police,
Amritsar, stating that the petitioner's husband was neither wanted nor
arrested by the Amritsar Police in any criminal case and that investigations
were currently in progress and all out efforts were being made to trace the D
victim. The Senior Superintendent of Police. Tarn Taran also filed affidavit
stating that the allegations made against him were not correct and that he
never threatened the petitioner's husband at any time nor did he ever
influenced him directly or indirectly for the withdrawal of the writ petition
etc. which were pending enquiries concerning police excesses, custodial E
deaths and police kidnappings.

      The Advocate General, Punjab had stated that keeping in view the
serious allegations levelled by the petitioner against the officers/officials of
the Punjab Police, it would be in the interest of justice that the investigation
in this matter be handed over to an independent authority.                         F

      Disposing of the matter, this Court

      HELD : 1.1. In order to instil confidence in the public mind and to
do justice to the petitioner and his family it would be proper to withdraw G
the investigation from Punjab Police in this case. The Director, Central
Bureau of Investigation was directed to appoint an investigation team
headed by a responsible officer to hold investigation in the kidnapping and
whereabouts of petitioner's husband. The Director General of Police, Pun·
jab, all concerned Punjab Police Of1icer, Home Secretary and Chief
Secretary Punjab, to render all assistance and help to the CBI in the H
    252                   SUPREME COURT REPORTS [1995] SUPP. 5 S.C.R.

A   investigation. [262-C-D]

           1.2. This Court cannot close its eyes to the contents of the Press Note
    dated January 16, 1995 stated to be investigated by petitioner' husband. In
    case it is found that the facts stated in the Press Note are correct - even
    partially- it would be a gory tale of Human-rights violations. It is horrifying
B   to visualize that dead-bodies of large number of persons-allegedly
    thousands- could be cremated by the police unceremoniously with a label
    "unidentified". Our faith in democracy and rule of law assures us that
    nothing of the type can ever happen in this country but the allegations in the
    Press Note - horrendous as they are - need thorough investigation. There-
C   fore, the Director, Central Bureau of Investigation is directed to appoint a
    high powered team to investigate into the facts contained in the Press Note
    dated January 16, 1995. All the concerned authorities of the State of Punjab
    including the Director General of Police, Punjab to render all assistance to
    the CBI in the investiga~ion. All authorities of the Punjab Government shall      ...
    render all help and assistance to the CBI team as and when asked by any
D   member of the said team. The CBI can seek any further directions from this
    Court from time to ti~e as may be necessary during the investigation.
                                                                         [262-E-H]
          1.3. The CBI shall complete the investigation regarding kidnapping
    of petitioner's husband within three months of the receipt of this order. So
E   far as the second investigation is concerned no time limit is fixed but the
    CBI is directed to file interim reports regarding the investigation in this
    Court after every three months. [263-A-B]

         1.4. The State of Punjab through Home Secretary and the Director
F   General of Police, is directed to transfer Mr. Ajit Singh Sandhu SSP, Tarn
    Taran and Amritsar. He shall not be posted in any adjoining District.
                                                                     [263-B-C]
         CRIMINAL ORIGINAL JURISDICTION : Writ Petition (CRL.)
    No. 497 of 1995.
G
          (Under Article 32 of the Constitution of India.)

          R.S. Sodhi for the Petitioner.

          M.L. Sareen Adv. Genl. (Punjab) Mrs. Jaysree Anand and R.S. Suri
H   for the Respondents.
                P ARAMJIT KAUR v. STATE OF PUNJAB                        253

     The following Order of the Court was delivered :                           A
      A telegram was received at the residence office of one of us (Kuldip
Singh, J.) This Court on September 11, 1995 passed the following order :

        "The telegram in hand has been received at the residence office
        of one of us (Kuldip Singh, J). The sender of the telegram is Mr.       B
        Gurcharan Singh Tohra. It is stated in the telegram that Sardar
        Jaswant Singh Khalra, General Secretary Human Rights Wing of
        Shiromani Akali Dal has been kidnapped by the police. We treat
        this telegram as a Habeas Corpus Petition and issue notice to the
        Home Secretary, Punjab, Director General of Police, Punjab, and         c
        the Senior Superintendent of Police, Amritsar returnable within
        one week, Mr. Sodhi who is present in Court states that he has
        also filed a petition in this Court in this respect. He undertakes to
        serve the respondents by dasti process in addition. The Registry
        to serve these respondents by telex/telephone or fax."
                                                                                D
      Meanwhile Mrs. Paramjit Kaur wife of Jaswant Singh. Khalra also
0


filed a petition under Article 32 of the Constitution of India seeking
direction in the nature of habeas c01pus.

      It is alleged in the petition that on September 6, 1995 at about 9.20
AM. while Petitioner's husband J.S. Khalra was washing his car outside
                                                                                E
the gate of House No.8, Kabir Park, Amritsar, a Maruti Van, sky blue
colour bearing Registration No. BBN-5969, came and stopped close to the
place where Mr. Khalra was working. Four uniformed policemen, with
black head dressed (Patkas) , and armed with automatic weapon; jumped
out of the Van. They had walky-talkey instruments with them. They pointed F
the weapons at Khalra, mishandled him despite his protests and pushed
him into the Van from the rear. It is further alleged that the policemen
informed through walky-talkey to some one presumably their superior that
Khalra had been taken into custody and the job/mission was a success. The
Van was followed by an open police Gypsy where in 4/5 policemen, fully G
armed were standing and an officer was sitting in the front seat. The Gypsy
gave cover to the Maruti Van. It is, thus, alleged in the petition that Khalra
was kidnapped by some persons in police uniforms at 9.20 AM. from a
busy residential area of Amritsar.

      It is stated in the petition that Rajeev Singh, Son of Shri Parkash       H
    254                   SUPREME COURT REPORTS [1995] SUPP. 5 S.C.K

A Singh, who was present close by witnessed the kidnapping. He even tried
    to intervene but was pushed aside. He managed to overhear the conversa-
    tion on walky-talkey and also noted the number of Maruti Van in which
    Khalra had been taken. It is further stated that the kidnapping was wit-
    nessed by a large number of neighbours and other persons since it was
    broad day light (9.20 AM.) when people were on way to their normal
B   vacations. The petitioner states that while she was going to the university,
    where she works, she also noticed that Gypsy with the police personnel and
    she would be in a position to recognised some of the persons standing in
    the Gypsy.

C          The petition further stated that the petitioner along with friends and
    relatives went to Police Station Islamabad, sent telegrams to the Chief
    Justice of India, Chief Justice of Punjab and Haryana High Court, Director
    General of Police, Punjab and various other authorities. It is stated that
    they also met Mr. D.R. Bhatti, Inspector General of Police. Para 19 of the
    writ petition is as under :
D
             "The petitioner firmly b~lieves that her husband has been picked
             up at the instance of Ajit Singh Sandhu, SSP, Tarn Taran Police
             District, who has on various occasions being threatening the
             petitioner's husband with dire consequences if he did not influence
E            an~/or play an active role in getting the writ petitions withdrawn
           . wherein police accesses, custodial deaths and police kidnapping
             were pending enquiries before the High Court and which Mr.
             Sandhu felt, have been initiated at the instance of Mr. J.S. Khalra.
             This aspect of the matter has been widely covered in various press
             conferences and newsitems."
F
        Counter affidavit has .been filed by Mr. Sukhdev Singh Chhina,
  Superintendent of Police, City Amritsar. It is stated by Mr. Chhina that "a
  perusal of the police records shows that Shri Jaswant Singh Khalra........ is
  neither wanted nor arrested by Amritsar Police in any criminal case". It is
G further stated that investigations are currently in progress and all out
  efforts are being made to trace J aswant Singh Khalra. The details of the
  efforts made by the police are given in paras 5 and 6 of the counter. The
  counter further stated as under :

             "Sh. Ajit Sjngh Sandhu, PPS, Senior Superintendent of Police, Tarn
H            Taran, was made to join the investigation on 23.9.95 with the object
                PARAMJIT KAUR v. STATE OF PUNJAB                      255

        of verifying the allegations regarding his involvement in the abduc- A
        tion. According to Sh. Sandhu, he was on leave w.e.f. 05.09.95 to
        11.09.95. On the day of the incident Sh. Sandhu was in Chandigarh
        making preparations for the marriage of his daughter which was
        solemnized in Chandigarh on 11.09.95. Sh. Sandhu has stated under
        oath that he did not threaten the petitioner's husband at any time
                                                                             B
        nor did he ever influence Shri Khalra, directly or indirectly, for
        the withdrawal of writ petitions etc. which were pending before
        the High Court for the States of Punjab and Haryana, concerning
        police excesses, custodial deaths and police kidnappings. Sh.
        Sandhu also stated that Sh. Khalra is not a witness against him in
        any court case."                                                     c
      Mr. Ajit Singh Sandhu, Senior Superintendent of Police, Tarn Taran
has also filed affidavit. Para 2 of the affidavit is as under :

        "That I have gone through the contents of the above mentioned
        writ petition and I state that the facts mentioned in Para No. 19 D
        of the petition are not correct. I never threatened the petitioner's
        husband at any time nor did I ever influenced him directly or
        indirectly for the withdrawal of the wi;it petition etc. which were
        pending enquiries before the Hon'ble High Court for the States of
        Punjab and Haryana concerning police excesses, custodial deaths E
        and police kidnappings."

      The petitioner filed further affidavit dated October 9, 1995 by way
of rejoinder. Paras 4 to 7 of the rejoinder are as under :

        "It is incorrect to say that my husband, Mr. Khalra, had no ap- F
        prehension of his safety prior to his being taken into custody by
        mavericks of Punjab Police. On the contrary, my husband had
        apprehensions that the SSP Tarn Taran, Ajit Singh Sandhu, posi-
        tively threatened my husband which is borne out from a horde of
        Press clippings as also affidavits which are being filed herewith. G
        Affidavits of Nav Kiran Singh, advocate, Gurcharan Singh Tohra,
        President SGPC, Ranjan Lakhanpal, advocate, as also Jaspal Singh
        Dhillon are being filed and annexed hereto and marked as An-
        nexure 'P-1' (Colly).

           Annexure 'P-2' (Colly.) are various reports of the Human H
    256                  SUPREME COURT REPORTS (1995) SUPP: 5 S.C.R.

A           Rights Wing, Shiromani Akali Dal, state how the Punjab Police
            and in particular the police of Tarn Taran District has been
            indicted for their excesses in extra judicial murders.

                Annexure, 'P-3' (Colly.) are the copies of Press Reports on the
            excesses of the Punjab {'olice and in particular that of Tarn Taran
B           _Police and Mr. Ajit Singh Sandhu, respondent herein.

               I say that my husband was continuously exposing tlie black
            deeds of the Punjab Police which was a great irritant to them and
            more particularly to the Tarn Taran Police headed by Ajit Singh
c           Sandhu, SSP and, therefore, it is wrong to say that there was no
            occasion for Mr. Sandhu to feel annoyed."

    Mr. Navkiran Singh; advocate in his affidavit supporting the petitioner has
    stated as under :
D
            "Mr. Ajit Singh Sandhu was transferred back to the area of Tarn
            Taran as the SSP as it was in his time and the families of Militants
            were wiped out in extra Judicial killings. Mr. Khalra had informed
            me that Mr. Ajit Sihgh Sandhu was sending threatening messages
            to him. The Tarn Taran Police was specially annoyed for his
E           reports of Unclaimed bodies which had created a flutter in the
            police circles and which prompted the State to post back Mr.
            Sandhu back to Tarn Taran so that he could influence the witnesses
            for not to appear as a witness in the enquiries pending with the
            CBI and before Session Judge at Amritsar.
F
            Mr. Khalra after his visit abroad had started giving press releases
            highlighting the police excesses of Tarn Taran Police the present
            SSP Mr. Ajit Singh Sandhu also joined the issue with him and held
            a press conference in retaliation. Mr. Khalra come to me to
            Chandigarh and showed _me the press release and also discussed
G           with me regarding filing of a petition in High Court for issuance
            of a direction to the State to provide security to him, but he was
            double minded for the reason that his asking for security might
            not demoralise the victims. It was personally reported by him to
            me and his other colleagues and he apprehends harm at the hands
H           of Ajit Singh Sandhu."
                P ARAMJIT KAUR v. STATE OF PUNJAB                         257

Mr. Gurcharan Singh Tohra, President, Shiromani Gurdwara Prabandhak A
Committee, Amritsar in his affidavit supporting the petitioner has stated
as under:

        "That Sh. Jaswant Singh Khalra is a General Secretary of Human
        Rights Wing of Shiromani Akali Dal and he has played a major
        role in the investigation of the 'Unclaimed Deadbodies' as com-          B
        plied by the Human Rights Wings in its reports.

            That the Police Officers were annoyed with the office bearers
        of the Human Right Wing for its Investigation of the Unclaimed
        Deadbodies and issuance of the reports in the cases of police C
        excesses. Mr. Khalra used to encourage the victims of State exces-
        ses to file petitions in the High Court and Supreme Court. Several
        of such petitions, are pending in the High Court in which there
        are serious allegations against the Tarn Taran Police and most of
        these excesses were committed by the Tarn Taran police under
        the command of Mr. Ajit Singh Sandhu, SSP.                         D

           That Sh. Ajit Singh Sandhu, Senior Superintendent of Police,
        Tarn Taran, .had extended threats to Sh. Jaswant Singh Khalra,
        General Secretary Human Rights Wing to stop his activities in
        playing a role in exposing the police irregularities ....... Our party   E
        has full apprehension that Sh. Ajit Singh Sandhu, Senior Superin-
        tendent of Police, Tarn Taran District has abducted Sh. Jaswant
        Singh Khalra, General Secretary Human Rights _Wing."

The affidavits filed by Mr. Ranjan Lakhanpal, advocate and Shri Jaspal
Singh Dhillon supporting the petitioner are in similar terms. Rajeev Singh       F
has also filed affidavit supporting the petition.

      Copy of the Press Note dated January 16, 1995 issued by the Human
Rights Wing of the Shiromani Akali Dal under The Signatures of Khalra
and J.S. Dhillon under the caption "Disappeared." "Cremation Grounds." G
has been annexed along with the rejoinder. The contents of the Press Note
appeared in various newspapers. Photocopies of the newspaper reports
have also been annexed with the rejoinder. The Press Note dated January
16, 1995. inter alia, states as under :

        "The investigation team decided to work in the Amritsar area and         H
    258               SUPREME COURT REPORTS [1995) SUPP. 5 S.C.R.

A         its neighbouring police districts. It was learnt that the police
          regularly bring bodies to the municipality cremation grounds for
          cremation, declaring them as unclaimed. The team found that 400
          unclaimed bodies had been brought for cremation to the Patti
          municipality cremation grounds. Bodies brought to the Patti
          municipality committees cremation grounds came from as far as
B         Khalra 40 Kms. Kairon 10 Kms. Harika 15 Kms. Valtoha 30 kms.
          Bhiki 25 kms. 700 unclaimed bodies to the Tarn Taran municipality
          cremation grounds. The only record of these unclaimed bodies is
          available from the receipt book through which firewood was issued
          for the disposal of the bodies. The receipt book has the date and
c         number of bodies brought recorded on it.

              In Amritsar district the maximum unclaimed bodies brought
          for cremation was to the cremation grounds near the Durgaina
          Mandir. From 1st June 1984 to the end of 1994 about 2000 bodies
          have been cremated as unclaimed. The officials of the Durgaina
D         Mandir cremation grounds expressed their inability to show any
          records, but suggested that details will be available with the Am-
          ritsar Registrar of Births and Deaths. The details which could be
          gathered at the Registrar's office are given below.

E             During the 1st year of the govt. of Mr. Beant Singh 300
          unclaimed bodies were brought to the Durgaina Mandir Cremation
          grounds by the police department. Out of these 300 bodies names
          of 112 have been given and the rest were declared as unidentified.
          41 persons have been recorded to have died of bullet injuries or
          police encounters. No reason has been recorded for the cause of
F         the death of 259 persons. Post mortems were conducted only on
          24 bodies by the Amritsar Medical College. No post mortem was
          conducted on 276 bodies. 5 bodies of females, as per the record,
          out of which names of 3 have been recorded. The details of the 3
          female bodies are : Harpal Kaur Vill. ,Dhulka Dated 25.12.92.
G         Achint Kaur & Companion Dated 30.9.92.

             Two bodies are of those of Kashmiris of Sopore, cause of death,
          "encounter". One unclaimed body is from, near Chamkaur Saheb,
          in Ropar District.

H            Bhagel Singh alias Gurdarshan Singh of village Deriwal was
                    PARAMJITKAUR v. STATE OF PUNJAB                          259

            nabbed by the Punjab police in Bihar. News of his "arrest" was          A
            reported in the Punjab press. Various Organisations in Punjab
            apprehended him being eliminated in a fake encounter. This was
            around the last week of Nov/first week of Dec./91. On the 19.1.1992
            the police knowing fully well the identity of Bhagel Singh and his
            village, brought his body to the Durgaina Mandir cremation              B
            grounds for cremation as unidentified and unclaimed.

                Mr. Piara Singh S/o Shingara Singh, Director of Central
            Cooperative Bank in Amritsar, paternal uncle of Harminder Singh
            Sultanvind (Militant), Mr. Piara Singh had gone to a relatives farm
            in Pilibhit in Uttar Pradesh. One morning a jeep drove up to the C
            farm house, a team of doctors attired in white coats, sporting
            stethoscopes approached the residents of the farm requesting them
            that a VIP was coming to the neighbouring village to inaugurate
            a govt. medical clinic and some respe<.:table citizens should also
            grace the occasion. They requested Mr. Piara Singh to come with
            them. Mr. Piara Singh ended up at the Durgaina Mandir cremation D
            ground on 16.12.92.

               Mr. Pargat Singh 'Bullet' was under going treatment at the
            Guru Nanak Hospital Amritsar he was abducted by the Raja Sansi
            police and his "unidentified" body was bought to the Durgiana           E
            Mandir cremation grounds on 5.11.92."

    It is stated in the Press-Note that the facts therein were investigated by
    Khalra and J.S. Dhillon.

           On October 13, 1995 Mr. M.L. Sarin, learned Advocate-General for         F
    the State of Punjab stated that he was personally looking into the investiga-


-   tion in the case. He sought short adjournment. We adjourned the hearing
    to November 10, 1995.

           Mr. Sukhdev Singh Chhinna, Superintendent of Police, City Amritsar G
    has filed further affidavit. The contents of the affidavit are as under :

            "That in that matter of the above mentioned writ petition, I have
            made thorough investigations regarding the police officials whose
            names were referred to by Mr. RS. Sodhi, Advocate counsel for
            the petitioner. I have checked the Telephone Computer Records,          H
    260                  SUPREME COURT REPORTS [1995] SUPP. 5 S.C.R.

A           Log Books of Vehicles, Wireless Log Books, Roznamchas of Police
            Stations and other relevant records, pertaining to these officials. I
            have also examined and recorded the statements of more than sixty
            five witnesses to verify and account for the presence of these
            officials at the time of occurrence i.e. on 6.9. 1995.
B               That on the basis of the record and the statements of the
            witnesses referred to above no inference can be drawn against the
            said officials which could implicate them anyway in the matter of
            the disappearance of Sh. Jaswant Singh Khalra.

               That the deponent contacted the petitioner on 7.9.95, 22.9.95,
c           17.10.95 & 27.10.95 but she refused to cooperate and stated that
            she would do so only after consulting her counsel Mr. R.S. Sodhi.

               That investigations are going on and are being monitored by
            the State Police Head Quarters.
D
               That all out efforts are being made to trace the whereabouts
            of Shri Jaswant Singh Khalra and to work out this case."

    The petitioner has filed further affidavit dated November 10, 1995. Paras
    3, 4, 5, 6, 7, 9, 10 and 12 are as under :
E
            "I say that in spite of Giving names of the officers, who were
            involved in the kidnapping of my husband, my husband still remains
            in illegal custody. Except for asking me whether I have got anything
            more to say, I have not been asked to help the investigation in any
            manner.
F
                I say that my husband had been a staunch crusader of human


                                                                                    -
            rights and had made startling discoveries about thousands of
            persons who, it is believed, were liquidated by the Punjab Police
            and their bodies disposed of as unclaimecl/unidentified. A list of
            over 2500 persons, whose bodies have been cremated surreptitious-
G
            ly in Patti Sub-Division, District Amritsar and Durgaina Mandir,
            Amritsar, for the period 1992-94.

               I say that in the preliminary investigation into the disap-
            pearance and deaths in the State of Punjab conducted by my
H           1.usband and his colleagues, he was able to uncover evidence to
       PARAMJIT KAUR v. STATE OF PUNJAB                       261

the effect that the police had cremated several thousands bodies     A
as unclaimed/unidentified between 1992-94. They were also able
to obtain with difficulty records pertaining to cremation grounds
at Durgyana Mandir and Patti Municipal Cremation Grounds.

   That the Durgyana Mandir records show that the police has
                                                                     B
cremated unclaimed/unidentified bodies whose names, addresses
and identification was very much known.

   I say that during the course of his investigation, Mr. J aswant
Singh Khalra also met a lot of people who complained about
members of their family being missing for varying lengths of time;   C
some for several years. A rough estimate revealed that the number
of such missing persons in Amritsar District along was not less
than 2,000.

    Mr. Ajit Singh Sandhu, the SSP, Tarn Taran Police District, D
came to know these activities of Mr. Jaswant Singh Khalra and his
colleagues. Presumably fearing that his illegal actions would be
brought to light, he threatened Mr. Khalra on several occasions.
On one particular occasion, Mr. Sandhu even told Mr. Khalra that
if he did not desist from his activities he would wind up on the list
of unclaimed/unidentified bodies cremated by the Punjab Police. E

    I say that Mr. Khalra met Mr. Gurcharan Singh Tohra, Presi-
dent, Shiromani Gurdwara Prabandhak Committee (in short
SGPC) shortly before his disappearance. He also met Justice Ajit
Singh Bains , a retired Judge of the High Court of Punjab &          F
Haryana at the same time. To both these persons, Mr. Khalra
revealed the threats held out to him by Mr. Ajit Singh Sandhu, the
SSP of Tarn Taran. A petition seeking protection from the said
Shri Ajit Singh was under consideration/ preparation on the date
that Mr. Khalra disappeared, i.e., on 6th September, 1995. Af-
fidavits affirming these facts have been filed by both Mr. Gur-      G
charan Singh Tohra and Justice Ajit Singh Bains in the Criminal
Writ Petition No. 447 of 1995. These affidavits as well as others
filed in the said writ petition make it clear that Mr. Ajit Singh
Sandhu has held out similar threats to the other members of the
team who investigated the cremation grounds report.                  H
    262                    SUPREME COURT REPORTS [1995] SUPP. 5 S.C.R.

A                A photo copy of the list of those cremated as un-
             claimed/unidentified is annexed hereto and marked as Annexure
             'P.I.'

    Along with the affidavit an alleged list of persons/bodies which were
    allegedly unclaimed and unidentified and stated to be cremated is given.
B
          Mr. M.L. Sareen, learned Advocate-General, Punjab has very fairly
    stated that keeping in view the serious allegations levelled by the petitioner
  · against the officers/officials of the Punjab Police, it would be in the interest
    of justice that the investigation in this matter be handed over to an
C independent authority. Even otherwise in order to instil confidence in the
    public mind and to do justice to the petitioner and his family it would be
    proper to withdraw the investigation from Punjab Police in this case. We,
    therefore, direct the Director, Central Bureau of Investigation to appoint
    an investigation team headed by a responsible officer to hold investigation
D in the kidnapping and whereabouts of Khalra. We further direct the.
    Director General of Police, Punjab, all concerned Punjab Police Officers,
    Home Secretary and Chief Secretary Punjab to render all assistance and
    help to the CBI in the investigation.

            The second issue highlighted in this petition is equally important.
E   This Court cannot close its eyes to the contents of the Press Note dated
    January 16, 1995 stated to be investigated by Khalra and Dhillon. In case
    it is found that the facts stated in the Press Note are correct - even partially
    - it would be a gorytale of Human-rights violations. It is horrifying to
    visualize that dead-bodies of large number of persons - allegedly thousands
F   - could be cremated by the police unceremoniously with a label "uniden-
    tified". Our faith ill democracy and rule of law assures us that nothing of
    the type can ever happen in this country but the allegations in the Press-
    Note - horrendous as they are - need thorough investigation. We, therefore,
    direct the Director, Central Bureau of Investigation to appoint a high
    powered team to investigate into the facts contained in the Press Note
G   dated January 16, 1995. We direct all the concerned authorities of the State
    of Punjab including the Director General of Police Punjab to render all
    assistancy to the CBI in the investigation. All authorities of the Punjab
    Government shall render all help and assistance to the CBI team as and
    when asked by any Member of the said team. We Give liberty to the CBI
H   to seek any further directions from this Court from time to time as any be
                 PARAMJITKAUR v. STATE OF PUNJAB                       263

necessary during the investigation.                                          A
       The CBI shall complete the investigation regarding kidnapping of
Khalra within three months of the receipt of this order. So far as the second
investigation is concerned we do not fix any tim~ limit but direct the CBI
to file interim reports regarding the investigation in this Court after every
three months.                                                                 B
      We further direct the State of Punjab through Home Secretary and
the Director General of Police to transfer Mr. Ajit Singh Sandhu, SSP Tarn
Taran out of the Districts of Tarn Taran and Amritsar. He shall not be
posted in any adjoining District.
                                                                             c
      Copy of the 9rder be sent to CBI, Director General, Punjab. Home
Secretary, Punjab and Chief Secretary, Punjab.

       To be listed after three months.
                                                                             D
R.A.                                                    Petition disposed.