Introduction:

The Punjab & Haryana High Court has taken notice of a plea filed by Hari Singh Sekhon, accusing former Punjab Police officials and the Punjab Government of fabricating evidence in a 1993 custodial death case. The petitioner alleges that false information was submitted in a habeas corpus plea, claiming his father was never unlawfully detained. The court, led by Justice Muhabir Singh Sandhu, has issued a “notice of motion,” scheduling the matter for April 09.

Arguments of Both Sides:

Hari Singh Sekhon contends that his father, Gurdev Singh Kaonke, fell victim to Punjab’s Jagraon Police in 1993 while allegedly in their “illegal custody.” Despite an arrest in December 1992, Kaonke was purportedly never brought before any court. The petitioner filed a habeas corpus plea in 1993, revealing that a warrant officer, appointed to locate Kaonke, was told by the police that he was never arrested.

The petitioner asserts that an FIR in January 1993, accusing Kaonke of escaping during a discovery of arms, was a concocted version to cover up the torture he endured in custody. The plea emphasizes that Kaonke is still listed as a ‘Proclaimed Offender,’ despite no further investigation into the matter. The crux of the argument lies in the affidavit submitted by senior police officials during the habeas corpus plea, stating that the petitioner’s father was “never detained in illegal custody.”

Court’s Judgment:

In response to the petition, the court has initiated a “notice of motion,” slated for April 09, seeking responses from the Punjab Government and implicated former police officials. The court appears poised to examine the alleged fabrication of evidence and consider the petitioner’s plea for a preliminary inquiry and a criminal trial against the concerned officials for offenses under Sections 193/196/199/200 I.P.C.