CHANDIGARH: The Supreme Court of India has virtually set aside the five judge bench order of the Punjab and Haryana High Court in the case of Kulwant Singh, an advocate of Ropar, passed on March 19, 1993, and handed over the investigations in the case to the Central Bureau of Investigations.

Kulwant Singh was allegedly killed by the Ropar Police along with his wife and minor child in January last. This resulted in a widespread strike by the lawyers of the Punjab, Haryana and Chandigarh courts. The lawyers demanded an impartial inquiry by 4 sitting high court judges or a vigilance judge or an independent agency like the CBL Although Chief Minister Beant Singh made a personal assurance to the delegation of advocates for holding an independent inquiry in the matter, it was never ordered.

When the Bar Association, unfolded the story regarding the disappearance and alleged murder of the advocate and his family, the matter was referred to a full bench by the judges hearing the case. The full bench comprising Justices M.R.Agnihouwi, J.S.Sekhon, A.L.Babri, AP.Chowdhary and G.R.Majithia dismissed the writ petition on the ground that it did not involve any public interest and that the petitioner wanted to withdraw the writ petition.

The bench did not agree with the contention of the Bar Association that even if the petitioner wanted to withdraw the petition, the relief claimed affected the large community in general and the lawyers in particular, The bench also held that since the matter relating to the alleged murder of Kulwant Singh and his family was pending in the designated court Ropar, no stranger could maintain a petition under the garb of public interest litigation. It is against this order that the Bar Association approached the Supreme Court.

The High Court became wholly oblivious to the patent facts on the record and failed to perform its constitutional duty. The High Court at least could have directed an independent investigation inquiry. To do complete justice and to instill confidence in public mind, we direct fresh investigation by CBI and SSP and SHO shall assist CBI and Home Secretary, Punjab, shall provide all assistance to CBI in such investigations.”

Article extracted from this publication >>  December 17, 1993