A man presumed dead after allegedly escaping police custody in 2005 has been found alive, in a case that has now reached the Supreme Court. The case dates back to when the Punjab Police arrested Hardeep Singh under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and later claimed he had escaped from custody. Shortly after, a body was discovered, believed to be Hardeep’s, leading his father, Naginder Singh, to file a habeas corpus petition.
However, in a surprising twist, Hardeep was found alive 14 years later. The Supreme Court is now handling an appeal filed by Naginder Singh, contesting a January 12, 2021 order from the Punjab and Haryana High Court, which had quashed his protest petition and a 2017 trial court order that summoned police officers involved in the case.
Naginder Singh, represented by advocates Pallavi Pratap, Prashant Pratap, and Amjid Maqbool, argues that his son had been illegally detained and tortured by the police for years. He initially filed the habeas corpus petition after learning that his son had escaped from custody on August 25, 2005. Though a warrant officer was appointed, Hardeep could not be located. A few weeks later, a body was found, and it was assumed to be Hardeep’s, leading Naginder to allege police foul play.
However, investigations later revealed that the body was not Hardeep’s, and he had been in regular contact with his family. A report by the Additional Inspector General of Police (Crime) confirmed this, leading to an investigation that concluded Hardeep had indeed escaped from custody. Despite these findings, the Sessions Judge in Ludhiana had ruled in 2008 that Hardeep had been killed in police custody, prompting an FIR in 2010 against the police officials involved.
An SIT formed during the investigation found no evidence of foul play, leading to a cancellation report in 2011. Despite this, the Judicial Magistrate in 2017 summoned the police officers for trial under Sections 302 and 201 of the IPC, a decision later challenged in court. The High Court quashed the case in 2021, stating that Hardeep was alive, but Naginder Singh has continued to pursue charges of illegal detention, wrongful restraint, and torture against the police.
The Supreme Court, hearing the case on October 4, has adjourned the matter to February 14, 2025.
