1993 Custodial Death Case | High Court Calls For Punjab Govts Response In Plea Seeking Prosecution Of Police Officers For Fabricating Evidence

The Punjab & Haryana High Court on Monday sought a response from the Punjab Government and former Punjab Police officials allegedly involved in a 1993 custodial death case, in a plea seeking prosecution of the officials for fabricating evidence.

The petition states that in 1993 the then police officials fabricated evidence by submitting a false affidavit in a habeas corpus plea, stating that the petitioner's father was "never detained in illegal custody".

Considering the petition, Justice Muhabir Singh Sindhu issued "notice of motion" and posted the matter for April 09.

Hari Singh Sekhon has filed the petition alleging that his father, Gurdev Singh Kaonke was killed by the Punjab's Jargaon Police in 1993 while he was in "illegal custody" of the police.  Kaonke was allegedly arrested in December 1992 and he was never produced by the police before any Court, the plea stated.

A habeas corpus plea was filed by the petitioner in 1993 and a warrant officer was appointed to find out the whereabouts of his father, however, the officer was told by the Police officials that Kaonke was never arrested, he stated in the petition.

The petitioner further stated that in January 1993 an FIR was lodged by the SHO of Jargaon Police Station under sections 307, 353, 34 of IPC and sections of the Arms Act alleging that Kaonke had escaped after he was taken to the site for discovery of arms.

"F.I.R. authored by Respondent No. 3 (SHO) was a concocted version and brainwave of the Police in order to hush up the matter as some respectables of the area had seen father of the petitioner living in semi-conscious condition in Police Station Jagraon with signs of torture all over the body," the plea added.

It stated that the father of the petitioner is still being shown as a 'Proclaimed Offender' by the Police, though no further enquiry/ investigation was taken up by any authority into the matter, and that the father of the petitioner was never seen alive by anybody after the registration of above-mentioned F.I.R.

The petitioner stated that after 12 days of the aforesaid FIR, in the habeas corpus plea filed in 1993, which is pending disposal in the High Court, the then-senior police officials submitted in the affidavit that the petitioner's father was "never detained in illegal custody".

In light of the above the petitioner sought directions to order a Preliminary Enquiry and order a criminal trial against Respondents No. 2, 3 and 4 for having committed offences under Sections 193/ 196/ 199/ 200 I.P.C., for fabricating false evidence in the shape of their Affidavits.

P.S.Hundal, Senior Advocate assisted by Harnamanpreet Singh & Gursahib Singh Hundal, appeared for the petitioner.

Title: HARI SINGH SEKHON v. STATE OF PUNJAB AND ORS.

Click here to read/download the order