‘Presumed Dead, Found Alive’: SC Examines Police Custody Case

A bizarre case has been unfolded in the Supreme Court of India recently involving the alleged murder of a man who has been found alive after 14 years.

This unusual situation stems from a 2005 incident where Punjab police arrested Hardeep Singh under the Narcotic Drugs and Psychotropic Substances Act and subsequently claimed he escaped from custody. His father, Naginder Singh, filed a habeas corpus petition, and shortly after, an unidentified body was discovered, presumed to be Hardeep’s.

On October 4, 2023, the Supreme Court reviewed an appeal by Naginder Singh challenging a Punjab and Haryana High Court ruling that quashed his protest petition and a trial court order summoning police officials involved in the case. The matter has been adjourned until February 14, 2025.

Naginder Singh’s legal team, including advocates Pallavi Pratap, Prashant Pratap, and Amjid Maqbool, argues that Hardeep was arrested on August 24, 2005, in Ludhiana. The following day, police informed Naginder that his son had escaped. 2 FIRs were filed: one under the NDPS Act against Hardeep and another under Section 224 IPC for his alleged escape.

Desperate to locate his son, Naginder filed a habeas corpus petition, asserting that Hardeep was being illegally detained. Despite appointing a Warrant Officer, Hardeep remained missing.

Then, on September 17, 2005, an unidentified corpse was found, and post-mortem results led Naginder to claim it was his son’s body, alleging police involvement in his murder.

An initial inquiry by the Additional Director General of Police (Crime) indicated that the body was not Hardeep’s and that he was alive and in contact with his father. This prompted a further investigation, leading to a report by the Sessions Judge in 2008 suggesting police had killed Hardeep in custody. Consequently, an FIR was registered against the accused police officials in 2010.

As the investigation progressed, a Special Investigation Team concluded that Hardeep was alive and had escaped police custody. Following this finding, a cancellation report was submitted to the Magistrate.

Naginder Singh’s subsequent protest petition led to a Judicial Magistrate summoning the police for trial under sections 302 and 201 IPC. However, the police challenged this ruling, and the sessions court dismissed their appeal.

In a surprising turn of events, on September 2, 2019, the police claimed to have found Hardeep alive and in judicial custody, which led the Punjab and Haryana High Court to dismiss Naginder’s petition. The court noted that “a murdered man was found alive” but emphasized the ongoing agony of the accused police officers.

The High Court also stated that Naginder Singh could face legal consequences for the proceedings against the police. In his appeal, Naginder insists that even if murder charges are not viable, other serious offenses including illegal detention and attempted murder should still apply to the police officials involved.

Naginder maintains that Hardeep was kept in illegal detention for 14 years, suffering severe mistreatment. He claims the sudden appearance of his son was a desperate attempt by the police to avoid criminal prosecution.

“A dead person cannot be a proclaimed offender,” Naginder argues, highlighting the alleged conspiracy by the police to cover up their misconduct.

This case illustrates the complex interplay of law, human rights, and police accountability, with significant implications for the justice system in India. The Supreme Court’s upcoming deliberations will be closely watched as they unravel this extraordinary narrative.

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