The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery

The Curious Case of a Missing Man Found Alive: Supreme Court to Examine Police Custody Mystery




In a case that reads more like the plot of a Bollywood thriller, the Supreme Court is currently examining a curious incident where a man presumed dead for 14 years after allegedly escaping police custody was found alive. The case, dating back to 2005, has raised questions about police misconduct, wrongful detainment, and an alleged conspiracy involving the Punjab Police.



Background of the Case: The Disappearance and "Death"


The saga began in August 2005, when Hardeep Singh was arrested by Punjab Police under the Narcotic Drugs and Psychotropic Substances Act (NDPS) from Ludhiana. The very next day, the police claimed that Hardeep Singh had escaped from custody. A First Information Report (FIR) was registered under Section 224 of the IPC against him, which deals with the escape of a person from lawful custody.


His father, Naginder Singh, filed a habeas corpus petition, insisting that his son had been illegally detained. A few weeks later, an unidentified body was found, and it was assumed that this was Hardeep Singh's body, leading to the conclusion that he was dead.



The Missing Man is Found Alive After 14 Years


The shocking twist came in 2019 when, after 14 years, Hardeep Singh was found alive, and it was revealed that he had been living in illegal detention by the Punjab Police during the entire period. His father alleged that the police deliberately held Hardeep in custody to cover up their misconduct.


The courts, including the Punjab and Haryana High Court, had already gone through several proceedings. The police had previously closed the case, stating that Hardeep Singh had escaped. However, his eventual reappearance sparked fresh inquiries and controversies.



Legal Battle: Habeas Corpus to Murder Charges


Following his alleged disappearance, Naginder Singh had insisted that the body found was that of his son. He alleged that the Punjab Police murdered Hardeep and cremated the body in haste to destroy evidence. A series of legal proceedings followed, leading the Sessions Judge of Ludhiana to submit a report in 2008, supporting Naginder Singh’s claim that his son had been eliminated in custody.


As a result, an FIR was registered against several police officials in 2010 under Sections 302 and 201 of the IPC, which deal with murder and causing the disappearance of evidence.



Twists in the Tale: Alleged Police Conspiracy and Cover-Up


After Hardeep Singh’s reappearance, the police filed a report stating that he had been alive all along and had escaped custody in 2005. A Special Investigation Team (SIT) report submitted in 2011 supported this claim, stating that there was no evidence of foul play by the accused police officers. The complainant, Naginder Singh, then filed a protest petition, and the magistrate ordered the police officials to face trial.



High Court Ruling: The "Dead Man" Was Alive


In 2021, the Punjab and Haryana High Court quashed the proceedings against the police officials, stating that Hardeep Singh was found alive and that no case of murder could be made against the police. The court also ordered proceedings under Section 340 of the CrPC against Naginder Singh for allegedly fabricating evidence in claiming that his son had been killed.



Supreme Court to Decide on Appeal


The case is now before the Supreme Court, where Naginder Singh has challenged the High Court’s ruling. His legal team argues that even if the **murder charges** do not stand, other charges such as illegal detention, grievous hurt, and wrongful confinement should be pursued against the police officers. The court is expected to decide on the matter in February 2025.



Key Legal Points at Play


- Police Accountability: The case raises significant questions about police conduct, wrongful detainment, and the potential abuse of power in fabricating reports.

  

- Human Rights Violations: The illegal detention of Hardeep Singh for 14 years highlights severe human rights concerns and questions the accountability of law enforcement agencies.


- Legal Repercussions: The Supreme Court’s decision could set important precedents for how wrongful detainment and police cover-ups are handled in India.



The Road Ahead: Will Justice Be Served?


The Supreme Court is set to review the matter once again in February 2025**. For now, the court must decide whether the police officers involved should face further prosecution and what steps should be taken to address the 14 years of wrongful detainment faced by Hardeep Singh.


The curious case of the missing man, assumed dead, but later found alive, serves as a reminder of the crucial need for transparency, accountability, and fairness in the justice system.

Location: Pune, Maharashtra, India

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