Introduction:

In the case of Daljit Kaur v. State of Punjab and Others, the Punjab & Haryana High Court addressed a grave instance of police misconduct resulting in the death of a young man, Arvinder Pal Singh alias Lovely. The incident, which occurred in 2013, involved the fatal shooting of Singh by Punjab Police officials without any attempt to arrest or allow surrender. The court’s judgment not only awarded ₹15 lakh in compensation to Singh’s mother but also underscored the imperative of upholding constitutional rights and due process.

Arguments Presented:

Petitioner’s Perspective:

Daljit Kaur, the mother of the deceased, contended that her son was unjustly killed in a staged encounter by police officials. She asserted that Singh was unarmed and posed no immediate threat, emphasizing that the police failed to follow standard procedures for arrest. Kaur highlighted the prolonged struggle she faced in seeking justice, including the delayed registration of an FIR and the initial reluctance of authorities to investigate the matter impartially.

Respondents’ Defense:

The State of Punjab and the implicated police officers argued that Singh was a proclaimed offender involved in multiple criminal cases, which justified their actions during the attempted arrest. They claimed that Singh posed a significant threat and that the use of lethal force was necessary to prevent potential harm. The defense maintained that the officers acted within the bounds of their duties and in self-defense.

Court’s Judgment:

Justice Harpreet Singh Brar, presiding over the case, delivered a scathing critique of the police’s actions. The court observed that the fatal shot was fired at point-blank range, indicating an intent to kill rather than to apprehend. Justice Brar emphasized that the police, as a professional and trained force, should have employed non-lethal means to arrest an individual armed only with a knife. The judgment highlighted that allowing such actions to go unchecked would effectively endorse extrajudicial killings, undermining the rule of law.

The court acknowledged the systemic failures that led to the delayed registration of the FIR and the inadequate initial investigation. It noted that the FIR was registered only after judicial intervention and was filed under Section 304 of the IPC (culpable homicide not amounting to murder) instead of Section 302 (murder), suggesting an attempt to shield the involved officers.

In light of these findings, the court awarded ₹15 lakh in compensation to Daljit Kaur, recognizing the profound loss and the arduous journey she endured in seeking justice. The court also directed the jurisdictional Magistrate to assess the second cancellation report filed in the FIR, ensuring a thorough and impartial review.

Conclusion:

The Punjab & Haryana High Court’s judgment in this case serves as a poignant reminder of the paramount importance of due process and the protection of individual rights. It underscores the judiciary’s role in holding law enforcement accountable and ensuring that justice prevails, even in the face of systemic challenges.