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.
In view of the report of ACJM this Court on 7 5 1996 passed the following order Mr R.S. Sodhi the learned companynsel 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 number accepted the said finding regarding the death of Talvinder Singh.
If the said Talvinder Singh is alive then he be produced by the police.
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 number unnecessary to state other facts and allegations as on the basis of the report filed by the Additional Chief Judicial Magistrate, Pilibhit.
Issue numberice.
This is a habeas companypus petition filed by the father of one Talvinder Singh.
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.
It is obvious that if he is found dead, the writ petition be only companyfined to the question of the entitlement of the petitioner to companypensation.
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 Ghat in the jurisdiction of P.S. Bilsanda.
It is number an accepted position that Talvinder Singh died in the incident which took place on 13 7 1991.
What happened thereafter and the manner in which the encounter took place is neither explained by the police number has been stated by the CBI or the ACJM, Pilibhit, who companyducted the enquiry.
