Ex-Jathedar's 'disappearance': 31 years on, High Court notice to Punjab on plea filed by Gurdev Singh Kaunke’s son

Saurabh Malik

Chandigarh, February 5

Almost 31 years after the “disappearance” of former Akal Takht Jathedar Gurdev Singh Kaunke, the Punjab & Haryana High Court today put Punjab on notice on his son’s petition, seeking preliminary inquiry and criminal trial against three police officers.

In his petition placed before Justice Mahabir Singh Sindhu’s Bench, Hari Singh Sekhon sought action against the three –– former SSP Swaran Singh, former SHO Gurmit Singh and former CIA staff in-charge Ajeet Singh — for using evidence known to be false and other offences under Sections 193, 196, 199 and 200 of the IPC by “fabricating false evidence in shape of their affidavits, knowing to be false and for producing the same before the court.”

Sekhon, through senior counsel PS Hundal with advocates Harnamanpreet Singh and Gursahib Singh Hundal, claimed that his father was killed in cold blood after keeping him in illegal custody from December 25, 1992, to January 2, 1993. He told the Bench that his father was arrested from his house in the presence about 200 villagers. The petitioner added that his father was not produced in any court.

His mother then filed a habeas corpus petition for her husband’s release from illegal custody, following which the high court appointed a warrant officer. He was told by a police official that the petitioner’s father was never arrested by the Jagraon police.

The Bench was also told that on January 2, 1993, an FIR was registered for attempt to murder and other offences at Sidhwan Bet police station, alleging that the petitioner’s father was being escorted for the recovery of arms, when the police party was ambushed by terrorists. The petitioner’s father made good his escape in the darkness and in the exchange of fire between the terrorists and the police.

He added the FIR was “concocted” and brainwave of the police to hush up the matter. Some persons of the area had seen his father lying in a semi-conscious condition in Jagraon police station with torture signs all over the body. But his father was still being shown as a proclaimed offender.

The version of the escape from police custody and FIR registration was never brought to the court’s notice during the pendency of the habeas corpus petition. Meanwhile, affidavits were filed in the high court, mentioning that the petitioner’s father was never arrested and detained in illegal custody

All three senior officers were aware of the FIR that the petitioner’s father was in police custody on January 2, 1993, and was shown as having made good his escape. But they still filed the affidavits, knowing that the declarations were false and fabricated, he added.