INDER SINGH versus STATE OF PUNJAB AND ORS.

INDER SINGH versus STATE OF PUNJAB AND ORS.

The CBI enquiry established that a Punjab Police officer and a police party unlawfully abducted seven persons who were thereafter untraceable and in all probability killed; the State of Punjab, being responsible for the police force's failure to protect citizens, was directed to pay Rs. 1.50 lakh to the legal representatives of each of the seven persons and to pursue recovery from the guilty when identified; prosecutions and disciplinary proceedings were ordered to be expedited under supervision.

Parties
Petitioner: Inder Singh; Respondent: State of Punjab; Respondent: Director General of Police, Punjab
Jurisdiction
India
Judgment Date
10 May 1995
Procedural Posture
Writ Petition (habeas Corpus) Under Article 32 of the Constitution of India / Disposed by This Court on Merits With Directions
Outcome
Writ petition disposed of; relief granted in part with directions for compensation, prosecution and disciplinary action
Legal Topics
Unlawful Detention, Abduction, State Liability for Police Actions, Compensation, CBI Investigation, Disciplinary Proceedings, Prosecution
Constitutional Law Criminal Law Police Misconduct Human Rights Administrative Law Unlawful Detention Abduction State Liability for Police Actions +4 more

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Parties

Inder Singh

Petitioner

State of Punjab

Respondent

Director General of Police, Punjab

Respondent

Procedural Posture

Writ Petition (habeas Corpus) Under Article 32 of the Constitution of India / Disposed by This Court on Merits With Directions

Legal Issues

  1. 1 Whether members of the Punjab Police unlawfully abducted and thereafter probably killed seven persons and detained them in police custody
  2. 2 Whether the State is liable to compensate the legal representatives of the missing persons for failure of the police to protect citizens and enforce law and order
  3. 3 Whether prosecution and disciplinary proceedings should be directed and supervised and whether the CBI enquiry should be acted upon

Ratio Decidendi

The CBI enquiry established that a Punjab Police officer and a police party unlawfully abducted seven persons who were thereafter untraceable and in all probability killed; the State of Punjab, being responsible for the police force's failure to protect citizens, was directed to pay Rs. 1.50 lakh to the legal representatives of each of the seven persons and to pursue recovery from the guilty when identified; prosecutions and disciplinary proceedings were ordered to be expedited under supervision.

Court Disposition

Writ petition disposed of; relief granted in part with directions for compensation, prosecution and disciplinary action

Orders

  • State of Punjab to pay Rs. 1.50 lakhs to the legal representatives of each of the seven persons within two weeks
  • State to endeavour to recover the said amount from the guilty when they are identified