TaxTMI 
TaxTMI 
1993 (12) TMI 224
X X X X Extracts X X X X
X X X X Extracts X X X X
....nment, the Bar Association went on indefinite strike with effect from February 6, 1993. Later on, the District Bar Associations in the States of Punjab, Haryana and the Union Territory of Chandigarh also went on strike thereby stopping the functioning of the courts throughout the jurisdiction of the Punjab and Haryana High Court. An action committee formed by the Bar Association held an inquiry into the matter and submitted its report on February 14, 1993. The report is reproduced hereunder: "REPORT OF THE KILLING OF MR KULWANT SINGH, ADVOCATE, HIS WIFE AND TWO YEAR OLD SON Bar Association of Punjab and Haryana High Court formed an 'Action Committee' for the release of Mr Kulwant Singh, Advocate, his wife and two year old son, who were alleged to have been abducted/detained by the Ropar Police on January 25, 1993. The brief facts regarding detention/abduction of Mr Kulwant Singh, Advocate and his family and child are Mr Kulwant Singh was trying for the release of one Mrs Manjit Kaur and her minor son who were being illegally detained by Ropar Police. Manjit Kaur belonged to the village Budha Bora and Mr Kulwant Singh also belonged to the same village. The Panchayat of sa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lwant Singh and that the Action Committee may contact him on February 9, 1993. The High Court Bar went on strike the same day. On February 6, 1993, the Action Committee met the SSP Ropar. The SSP told the members that Mr Kulwant Singh was not in the custody of Ropar Police. However, he said that one Lucky a known terrorist and another Lucky, son of Manjit Kaur surrendered before the Police at Patiala and Ropar respectively and that the interrogation of both is on. He also assured the members that ... something ... will inform the members about it. On February 7, 1993 Shri Navkiran Singh the member of the Action Committee was told by the SSP on telephone that Mr Kulwant Singh and his wife and two year old son have been killed and that he will give the details tomorrow morning. On February 8, 1993, the SSP informed the President of the Bar that Lucky had confessed that Mr Kulwant Singh and his family have been killed by him and one Surjit Singh, as both wanted to surrender before the police and Mr Kulwant Singh was against it because he thought that the surrender would expose him. The police story as told by the SSP is unbelievable. There are glaring loopholes which cannot b....
X X X X Extracts X X X X
X X X X Extracts X X X X
....me friend of Kulbir Singh r/o Ghanauli and Kuldip Singh r/o Lodhi Majra. Kulbir Singh of village Ghanauli is running a shop of repairing and selling watches at village Nuhon. Kulbir Singh got him introduced to Kulwant Singh Saini, a lawyer of Ropar. Kulwant Singh Saini, Advocate thereafter got him introduced to one Gurmeet Singh militant of K.L.F. (Khalistan Liberation Force) outfit. About 1 1/2 months ago I, Kuldip Singh r/o Lodhi Majra, Surjit Singh of Attari, Gurmeet Singh Chhota Fauji, Kulbir Singh of Ghanauli and Kulwant Singh Saini, Advocate conspired to kill Chief Minister of Punjab by getting explosives in a truck and by exploding the same truck on the road side. Thermal Plant of Ropar was decided to explode with a bomb and it was decided to commit mass killing of people belonging to particular community at Ropar and Ghanauli. Since before this I and Surjit Singh of Attari had committed murder of Comrade Ram Murti with bullets and police had come to know about this thereafter police had started visiting my house in my search. Myself and Surjit Singh went to the house of Kulwant Singh, Advocate and told him that we wanted to surrender before the police. Kulwant Singh, Advoca....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Headquarters, Ropar February 14, 1993 I verified that accused Harpreet Singh @ Lucky son of Gurmeet Singh Saini r/o Bahadurpur District Rupnagar has made above confessional statement in may presence which he has made with free will. Whatever Harpreet Singh stated only that has been recorded. Sd/- (Sohan Lai) Supdt. of Police Rupnagar." 4. One Suresh Kumar, son of Shri Som Parkash, resident of Ambala (Haryana) filed Civil Writ Petition No. 2376 of 1993 before the Punjab and Haryana High Court in public interest. The law points and the prayers in the said writ petition were as under: "That the following law poi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sp; (S.S. Sodhi) Judge Judge March 16, 1993." The writ petition was finally heard by a five-Judge Bench of the High Court and was dismissed as withdrawn by a speaking order dated March 19, 1993. 6. Mr G.S. Grewal, Senior Advocate appearing for the Punjab and Haryana High Court Bar Association, Mr H.S. Hudda, Senior Advocate appearing for the Bar Council and Mr S.C. Mohanta, Senior Advocate appearing for various other Bar associations vehemently contended bef....
X X X X Extracts X X X X
X X X X Extracts X X X X
....arameters of public interest litigation in general. What appears to be settled position of law is that whereas any person can set the criminal law into motion, no stranger can challenge conviction or other adverse order recorded against a person under the garb of public interest litigation. Such action can be taken by the person concerned and where such person is under a disability, by his next friend etc. This in addition to the fact that the Court on its own is bound to provide a counsel to the accused at the State expense. Since the matter relating to alleged murder of Mr Kulwant Singh and his family members is sub judice, no stranger can maintain a petition under the garb of public interest litigation. Viewing it from another angle, the mere fact that the Motion Bench has admitted the writ petition of Suresh Kumar for consideration of the Full Bench does not necessarily conclude the question whether, in fact, the writ petition relates to a matter of public interest litigation. It was only a prima facie view of the matter that the writ petition was admitted, which the petitioner now seeks to withdraw. It is axiomatic that no order of the Court can prejudice the parties to the li....