Malkiat Singh v. State Of Uttar Pradesh

1. This is a habeas corpus petition filed by the father of one Talvinder Singh. The allegation of the petitioner is that since 12-7-1991 Talvinder Singh has been kept in illegal custody by the police officers of District Pilibhit, State of U.P. It is now unnecessary to state other facts and allegations as on the basis of the report filed by the Additional Chief Judicial Magistrate, Pilibhit. Pursuant to the order passed by this Court on 9-3-1992, it can be stated with reasonable certainty that Talvinder Singh was killed in an alleged encounter which took place between the police and 4 Sikh youths on 13-7-1991 at Phagunal Chat in the jurisdiction of P. S. Bilsanda. From the charge-sheet filed by the CBI against some police officers in respect of deaths of 10 other Sikh youths, it appears that while deceased Talvinder Singh along with other Sikh youths was travelling in a bus, he was made to get down from it and was taken into custody by the police. What happened thereafter and the manner in which the encounter took place is neither explained by the police nor has been stated by the CBI or the ACJM, Pilibhit, who conducted the enquiry

2. In view of the report of ACJM this Court on 7-5-1996 passed the following order

"Mr. R. S. Sodhi the learned counsel for the petitioner, states that though the learned ACJM found on the basis of photographs that the petitioners son Talvinder Singh is one of the persons who died in the incident involving firing by the U.P. Police, the CBI has not accepted the said finding regarding the death of Talvinder Singh. It is obvious that if he is found dead, the writ petition be only confined to the question of the entitlement of the petitioner to compensation. If the said Talvinder Singh is alive then he be produced by the policeIssue notice."

3. It is now an accepted position that Talvinder Singh died in the incident which took place on 13-7-1991. All attempts to find his body have proved futile. But from the photograph identified by the father and the grandfather of Talvinder Singh, it is established that he is dead, because the police had taken photographs of all those who were killed in those two encounters. Therefore, the only question which now survives in this petition is what amount of compensation should be paid to the petitioner to compensate him for the death of his son

4. In a similar case i.e. in Writ Petition No. 632 of 1992 this Court awarded Rs. 5 lakhs as compensation. We think that the ends of justice would be met if the respondent-State is directed to pay Rs. 5 lakhs to the petitioner by way of compensation for the death of Talvinder Singh. The State shall pay this amount within 8 weeks. The learned counsel for the State states that the State will take out a draft in the name of the petitioner and will deposit the same with the Registrar of this Court. The Registrar shall hand over the draft to the petitioner after proper identification by Mr. R. S. Sodhi, learned counsel for the petitioner. The writ petition is disposed of accordingly.