MRS. PARAMJIT KAUR versus STATE OF PUNJAB AND ORS.

MRS. PARAMJIT KAUR versus STATE OF PUNJAB AND ORS.

Due to serious, credible allegations of kidnapping and systematic human rights abuses by state police, for justice and public confidence, investigation is to be withdrawn from Punjab Police and handed to the Central Bureau of Investigation (CBI). Independent inquiry into both the kidnapping and alleged cremation of unclaimed bodies is imperative.

Parties
Petitioner: Paramjit Kaur; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
15 November 1995
Procedural Posture
Writ Petition (crl.) / Disposal of Habeas Corpus Petition
Outcome
Petition disposed.
Legal Topics
Article 32, Habeas Corpus, Police Excesses, Extra Judicial Murders, Human Rights Violations, Kidnapping
Constitutional Law Criminal Law Human Rights Article 32 Habeas Corpus Police Excesses Extra Judicial Murders Human Rights Violations +1 more

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Parties

Paramjit Kaur

Petitioner

State of Punjab and Ors.

Respondents

Procedural Posture

Writ Petition (crl.) / Disposal of Habeas Corpus Petition

Legal Issues

  1. 1 Whether the petitioner's husband, Jaswant Singh Khalra, was illegally abducted and detained by the Punjab Police.
  2. 2 Whether the investigation into the alleged disappearance/kidnapping should be transferred from Punjab Police to an independent authority (CBI).
  3. 3 Whether there was a systematic violation of human rights involving cremation of unclaimed/unidentified bodies by the Punjab Police.

Ratio Decidendi

Due to serious, credible allegations of kidnapping and systematic human rights abuses by state police, for justice and public confidence, investigation is to be withdrawn from Punjab Police and handed to the Central Bureau of Investigation (CBI). Independent inquiry into both the kidnapping and alleged cremation of unclaimed bodies is imperative.

Court Disposition

Petition disposed.

Orders

  • Investigation regarding kidnapping of Jaswant Singh Khalra withdrawn from Punjab Police; handed to CBI.
  • CBI to complete kidnapping investigation within three months; interim reports to be filed every three months regarding human rights/cremation investigation.