TMI Blog1993 (12) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... ct from February 6, 1993. Later on, the District Bar Associations in the States of Punjab, Haryana and the Union Territory of Chandigarh also went on strike thereby stopping the functioning of the courts throughout the jurisdiction of the Punjab and Haryana High Court. An action committee formed by the Bar Association held an inquiry into the matter and submitted its report on February 14, 1993. The report is reproduced hereunder: REPORT OF THE KILLING OF MR KULWANT SINGH, ADVOCATE, HIS WIFE AND TWO YEAR OLD SON Bar Association of Punjab and Haryana High Court formed an 'Action Committee' for the release of Mr Kulwant Singh, Advocate, his wife and two year old son, who were alleged to have been abducted/detained by the Ropar Police on January 25, 1993. The brief facts regarding detention/abduction of Mr Kulwant Singh, Advocate and his family and child are Mr Kulwant Singh was trying for the release of one Mrs Manjit Kaur and her minor son who were being illegally detained by Ropar Police. Manjit Kaur belonged to the village Budha Bora and Mr Kulwant Singh also belonged to the same village. The Panchayat of said village had requested Mr Kulwant Singh, Advocate to get Man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebruary 9, 1993. The High Court Bar went on strike the same day. On February 6, 1993, the Action Committee met the SSP Ropar. The SSP told the members that Mr Kulwant Singh was not in the custody of Ropar Police. However, he said that one Lucky a known terrorist and another Lucky, son of Manjit Kaur surrendered before the Police at Patiala and Ropar respectively and that the interrogation of both is on. He also assured the members that ... something ... will inform the members about it. On February 7, 1993 Shri Navkiran Singh the member of the Action Committee was told by the SSP on telephone that Mr Kulwant Singh and his wife and two year old son have been killed and that he will give the details tomorrow morning. On February 8, 1993, the SSP informed the President of the Bar that Lucky had confessed that Mr Kulwant Singh and his family have been killed by him and one Surjit Singh, as both wanted to surrender before the police and Mr Kulwant Singh was against it because he thought that the surrender would expose him. The police story as told by the SSP is unbelievable. There are glaring loopholes which cannot be plugged easily. The dead bodies of the three have not been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dhi Majra. Kulbir Singh of village Ghanauli is running a shop of repairing and selling watches at village Nuhon. Kulbir Singh got him introduced to Kulwant Singh Saini, a lawyer of Ropar. Kulwant Singh Saini, Advocate thereafter got him introduced to one Gurmeet Singh militant of K.L.F. (Khalistan Liberation Force) outfit. About 1 1/2 months ago I, Kuldip Singh r/o Lodhi Majra, Surjit Singh of Attari, Gurmeet Singh Chhota Fauji, Kulbir Singh of Ghanauli and Kulwant Singh Saini, Advocate conspired to kill Chief Minister of Punjab by getting explosives in a truck and by exploding the same truck on the road side. Thermal Plant of Ropar was decided to explode with a bomb and it was decided to commit mass killing of people belonging to particular community at Ropar and Ghanauli. Since before this I and Surjit Singh of Attari had committed murder of Comrade Ram Murti with bullets and police had come to know about this thereafter police had started visiting my house in my search. Myself and Surjit Singh went to the house of Kulwant Singh, Advocate and told him that we wanted to surrender before the police. Kulwant Singh, Advocate replied that 'you would not surrender'. He said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustice requires that a judicial inquiry be conducted by a sitting Judge of the High Court or a District Judge or a Vigilance Judge especially when the interests of the litigating masses are suffering? It is, therefore, prayed that a writ in the nature of Mandamus may be issued to the respondent directing them to order a judicial inquiry by a sitting Judge of the High Court or a District Judge or a Vigilance Judge belonging to the higher judiciary to go into the circumstances in which the gruesome murders of late Shri Kulwant Singh, Advocate of Ropar, his wife and minor child took place. Any other relief which this Hon'ble Court deem proper and any direction befitting the occasion may kindly be issued. 5. On March 3, 1993, a Division Bench of the High Court issued notice of motion returnable on March 12, 1993. The High Court also issued notice to the Bar Association of the High Court of Punjab and Haryana through its President and to the Bar Council of Punjab and Haryana through its Chairman. Both the associations were directed to be impleaded as parties to the writ petition. On March 16, 1993, the Division Bench of the High Court passed the following order: Affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement filed on behalf of the High Court Bar Association seeks to raise much larger issues. In other words, the tenor of the written statement filed by the Bar Association and the Bar Council is materially different from the petition as originally framed. In our view, there is a vital distinction between the original petition filed by the petitioner and the stand taken by the added respondents. Reading between the lines, the reference of the former is to save the 'litigant' and that of the latter is to save the 'lawyer'. In one case the relief is claimed against the members of the Bar and in the other the relief is claimed against the State. We do not think that we could be justified in permitting the proxy war in the name of litigation styled as public interest litigation when the real sufferer is the litigant public. Ordinarily one would expect a broad identity of interest in the litigant and the lawyer which is lacking in the present case. For the purpose of the present matter, it is not necessary to go into the larger question as to the parameters of public interest litigation in general. What appears to be settled position of law is that whereas any pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disappearance and alleged murder of Kulwant Singh, Advocate and his family. Be that as it may the fact remains that the five-Judge Bench of the High Court was seized of the matter wherein the issues regarding the abduction and alleged murder of Kulwant Singh, Advocate and his family were raised before it. The report of the Action Committee of the Bar Association, statements recorded by the police including that of Harpreet Singh @ Lucky and other relevant documents were before the High Court. The High Court was wholly unjustified in closing its eyes and ears to the controversy which had shocked the lawyer fraternity in the region. For the reasons best known to it, the High Court became wholly oblivious to the patent facts on the record and failed to perform the duty entrusted to it under the Constitution. After giving our thoughtful consideration to the facts and circumstances of this case, we are of the view that the least the High Court could have done in this case was to have directed an independent investigation/inquiry into the mysterious and most tragic abduction and alleged murder of Kulwant Singh, Advocate and his family. 9. We are conscious that the investigation ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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