Punjab-Haryana High Court
Unknown vs Court On Its Own Motion V. State Of Punjab ... on 6 August, 2012
Author: Mahesh Grover
Bench: Mahesh Grover
C.W.P. No.11962 of 2012 -1-
COURT ON ITS OWN MOTION v. STATE OF PUNJAB AND
OTHERS.
Present:- Shri J.S.Brar, Advocate.
Shri Ranvir S.Chauhan, D.A.G. Punjab.
MAHESH GROVER, J.
The facts of this case have surfaced primarily on account of the representation submitted by the Bar Association, Zira, and pertain to an incident on 24.4.2012 which took place in the Court Complex in the working hours.
To briefly appreciate the controversy, it may be necessary to state here that one Gurcharan Singh was facing allegations under Sections 324,326,452 I.P.C. in F.I.R. No.56 dated 21.4.2012. According to the material that has been shown to this Court during the course of hearing on the basis of record which was produced by the respondent/State of Punjab, a police party went to arrest Gurcharan Singh on 24.4.2012 from his house in Village Mallowal which is about 10 kms. from Zira. The zimini orders and the record which has been maintained by the respondent/police authorities indicate the departure of the police party from Zira, but does not reflect the time. According to the version of arrest recorded by the police itself, accused Gurcharan Singh was riding a pillion of a motor cycle and upon a challenge being made by the police, the driver of the motor cycle escaped leaving behind Gurcharan Singh and in this manner he was arrested and brought to Police Station Zira at about 6.15 a.m. At 7.30 a.m. he (Gurcharan Singh) is reported to have created a ruckus in the Court Complex in particular, in the Court of Shri Raman Kumar. In this incident, Gurcharan Singh is reported to C.W.P. No.11962 of 2012 -2- have suffered sharp-edged injuries which are 9 to 10 cms. long and which resulted in cutting of artery near the ulna. The incident also resulted in damaging the glass pane and causing blood stains on the table, files, as also the computers etc. He is also stated to have entered the retiring room of the Judicial Officer causing similar damage.
F.I.R. No.58 was registered regarding this incident on the statement of H.C. Resham Singh who attributed the incident of violence to a mentally disturbed situation of said Gurcharan Singh and referred to the injuries as being self-inflicted.
The injured Gurcharan Singh in the meantime had been referred to the hospital at Amritsar where he was lodged and on 29.4.2012, his statement was recorded by ASI Devender Singh and F.I.R. No.64 of 2012 was registered against seven persons out of which four have since been arrested. According to this FIR, serious allegations have been levelled by Gurcharan Singh against the police officials as well. He has traced the incident from the time of his arrest till the time he actually suffered injuries at the hands of accused persons. He has also stated that he was beaten and stripped naked while he was being brought to the police station and was kept in that state in the police station itself till the time his brother came and he was asked to bring fresh clothes for him which he did and after wearing those clothes, he was released at the responsibility of his brother.
This fact is significant as during the course of submissions, learned counsel for the State repeatedly tried to state that Gurcharan Singh had in fact, escaped from police custody which is incorrect as per the record of the police authorities produced before this Court and perused by it. It is after his release that the incident in the Court is said to have taken place and resulted in the injuries to Gurcharan Singh.
It would not have been for this Court an occasion to opine upon any C.W.P. No.11962 of 2012 -3- of the aspects of the matter, had the facts been not so glaring.
On record are the CDs which depict a horrendous state and the blatant cover-up by the police authorities. At the initiative of the Ex-President of the Bar Association, Zira who recorded the version of Gurcharan Singh in hospital and which is more or less in conformity with F.I.R. No.64 of 2012 which was recorded on the basis of the statement of Gurcharan Singh given to ASI Devinder Kumar and which incident also conforms particularly to the story of arrest of Gurcharan Singh till the time he was brought to the police station. One of the pictures recorded show him in absolute naked condition with the police officials hovering around him in the police station. Learned counsel for the State has tried to wish away this by stating that Gurcharan Singh being in a mentally disturbed state, had torn off his clothes. It is however, not clear as to why the police preferred to release him on the responsibility of his brother, if he was involved in the commission of an offence which was non-bailable (F.I.R. No.54 of 2012) and would have invited an arrest and secondly, why the police authorities did not take any action to hand over Gurcharan Singh to an appropriate authority or even hospital authorities in case he was so mentally disturbed demonstrating a violent streak. It is relevant because soon thereafter, the incident in the Court Complex took place. According to the police, this was a self-orchestrated incident, but the subsequent F.IR. No.64 belies all this.
This Court had directed the C.J.M. to undertake a fact finding enquiry and he has submitted a report indicting H.C. Resham Singh, ASI Kulwant Singh and Constable Sukhdev Singh.
This enquiry, however, has not resulted in substantial improvement on the ground and it seems, the police have not been jolted out of their stupor. Rather, they are still persisting that F.I.R. No.58 of 2012 in which they had suggested that Gurcharan Singh was mentally disturbed and had suffered injuries C.W.P. No.11962 of 2012 -4- by himself and had entered the Court Complex shouting slogans and behaving like a lunatic. In their anxiety, they have recorded the statement of Naib Court who has since dis-owned such a statement and during the course of proceedings, a status report has been submitted by way of an affidavit of Shri Raghbir Singh, P.P.S. indicating that a Special Investigating Team has been formed to look into the entire incident, but surprisingly, even though it suggests that an F.I.R. has been registered against three police officials for having caused destruction of evidence etc., it still does not disown F.I.R. No.58 and it still refers to Gurcharan Singh and his abnormal behaviour. Learned counsel for the State has also referred to an enquiry conducted by the Sub Divisional Magistrate, Zira who has virtually endorsed allegations made in F.I.R. No.58.
It is on account of all these glaring aspects of the matter that this Court has serious doubts about the fairness of the investigation that the respondents have undertaken. Following are the major factors which strengthen the apprehension of the Court :-
1. F.I.R. No.56/2012 lodged by HC Resham Singh says that Gurcharan Singh was in a mentally disturbed state and caused a ruckus in the Court Complex.
How is it that a person who was arrested just an hour or two before suddenly acquired a mentally disturbed state, so as to cause serious injuries to himself and destruction of public property. It is evident that these police officials indicted in the report of C.J.M. were hand in glove with the accused persons who caused violence in the Court Complex and injuries to Gurcharan Singh. How can one explain that a person arrested by the police in a non-bailable offence of Sections 326/452 I.P.C. would be simply released on the assurance of his brother and this man would be brutally attacked within a short time of his leaving the police station.
(2) The entire evidence such as shredded glass in the Court room, blood- C.W.P. No.11962 of 2012 -5- stains on the cause list and other documents and floor etc. seem to have been wiped out altogether.
(3) The promptness with which F.I.R. No.58 was registered, wishing away of the entire incident by attributing it to the abnormal behaviour of Gurcharan Singh and stating that the injuries are self-suffered and the haste with which the injuries have been declared to be self-suffered, demonstrate the intensity of the cover-up operation.
(4) The Court has had the occasion to view the CDs which show Gurcharan Singh to be in a naked state with the police officials hovering around him and he being dragged. This clearly reflects custodial violence. No explanation has been given qua this.
(5) According to the version given by Gurcharan Singh, which is also a basis of the F.I.R. and is also reflected in the CD, he was beaten up after his arrest and stripped naked in the vehicle and brought to the police station. This partially explains his naked condition while in custody. His version that his brother was asked to fetch fresh clothes from the market, is also mentioned in the police record and therefore, it lends credence to the story set forward by the injured.
The S.D.M. endorsing the contents of F.I.R. No.58 is an indicator of the Administration being in league with the police authorities. The Court recommends that the S.D.M. who has not taken into consideration the serious aspects of the matter, should be dealt with on the administrative side by the competent authority. Magisterial enquiries or other enquiries are intended to instill confidence in the public, and not aimed at hushing up the truth which erodes the credibility of the entire system. The competent authority will take care to remove him from the district immediately. Report of action taken against him be submitted to this Court.
For the aforesaid reasons, this Court is of the considered view that C.W.P. No.11962 of 2012 -6- the matter deserves to be investigated into impartially. A Special Investigating Team has to be constituted for which purpose, Kanwar Vijay Partap Singh is appointed as the Chief of the S.I.T. who shall look into this aspect of the matter in its entirety. He will be at liberty to pick up officials of his choice to assist him in this regard and for which, necessary approval, if required, shall be given by the Director General of Police, Punjab.
The S.I.T. shall conclude its investigation within two months atleast on the aforesaid aspects which have been set out in the order. However, these aspects are not to be construed as limiting the scope of investigation and the attempt of the S.I.T. would be to unravel the entire controversy.
Since this Court prima facie has come to the conclusion that there has been custodial violence and Gurcharan Singh meted with a treatment which is against human dignity, the Court directs that an amount of Rs.5 lacs shall be paid to him immediately as interim compensation. Out of this Rs.5 lacs, Rs.2 lacs shall be paid by the three police officials who have been indicted in the enquiry conducted by the C.J.M. To come up for further proceedings on 17.10.2012.
In the meantime, the report of the S.S.P. be also placed on record. The Court also appreciates the work done by the Bar Association, Zira.
The CD attached to the petition shall be retained in sealed cover by the concerned Assistant Registrar(Writs) of this Court to obviate the chances of destruction or removal and shall be produced in the Court as and when so desired or ordered.
(MAHESH GROVER)
August 6, 2012 JUDGE
GD
WHETHER TO BE REFERRED TO REPORTER? YES/NO