This is a habeas corpus petition filed by Smt.
Harbans Kaur. The petitioner prays for a direction upon the Director General of Police, State of Punjab, and other respondents, to produce the petitioner’s sons Surinder Pal Singh and Sarvjeet Singh. There is also a prayer for an order directing inquiry into the cause of death of Gurbax Singh. The allegation is that the Gurbax Singh was in police custody from 3rd April, 1994 till date of his death.
2. It has been alleged in the petition that Surinder Pal Singh, Gurbax Singh, Sarvjeet Singh and Manjit Singh, the sons of the petitioner, were married and were living with their families at 1619/2, Durgapuri, Habowal, Kalan, Ludhiana, Punjab, along with their mother, the petitioner herein.
3. On 3.4.1994 Surinder Pal Singh was called to the Police Post through a Constable. Since then his whereabouts were not known and it was alleged that he was kept in unlawful custody of Police and had not been produced before any Magistrate. The petitioner made representation to the Director General of Police and various other important persons of the State, but to no avail.
4. It has been alleged that on 27.4.1994one Constable came to the house of the petitioner and asked for Gurbax Singh.
The Constable stated that if Gurbax Singh appeared before SI Surjit Chand Sharma, then Surinder Pal Singh would be released from police custody.
5. On 24th June, 1994, Sarvjit and Manjit applied for anticipatory bail in the Court of Additional Sessions Judge,Ludhiana, and an interim order was passed. The case was adjourned till 29.6.1994.
6.It has been further alleged that on 5.6.1994the third son of the petitioner Sarvjeet Singh was picked up by SI Surjit Chand Sharma. He was also n