Punjab-Haryana High Court
Kavita vs State Of Haryana And Others on 19 November, 2020
Author: Archana Puri
Bench: Archana Puri
201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-35684 of 2020 (O&M)
Date of Decision: November 19, 2020
Kavita
...Petitioner
VERSUS
State of Haryana and others
...Respondents
CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI
Present: Mr.Rajvinder Singh Bains, Advocate
for the petitioner.
Mr.Deepak Sabharwal, Addl. Advocate General, Haryana
for the respondents-State.
****
ARCHANA PURI, J.
The matter has been taken up through video conferencing in the light of COVID-19 pandemic.
The present petition under Section 482 Cr.P.C. has been filed by petitioner Kavita, thereby making prayer for issuance of appropriate directions for immediate and urgent medical treatment of both the victims- prosecutrix-1 and prosecutrix-2 (names withheld) who are in judicial custody at Central Jail Karnal and juvenile home Karnal respectively at PGIMER, Chandigarh and also sought issuance of an appropriate directions for constituting medical board for comprehensive medical examination of both the victims out of State of Haryana, preferably at Chandigarh PGIMER or Government Medical College and Hospital, Sector 32, Chandigarh. Besides the same, further direction has been sought to protect the life of the 1 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -2- victims, as they are in judicial custody and the respective Superintendent of the Institute be made responsible for the security. Further, direction has also been sought to be issued to the respondents to permit the petitioner and the family members of other victims, along with their lawyer, to meet the victims in judicial custody, so that complete details of what has actually happened could be found.
The petitioner is mother of prosecutrix-1 and aunt of prosecutrix-2, who are confined in Central Jail, Karnal in case FIR No.182 dated 30.06.2020 under Sections 148, 149, 186, 302, 353, 404 IPC and Section 25 of Arms Act registered at Police Station Barauda, District Karnal, initially but however, one week ago, prior to the filing of the present petition, the juvenile has been transferred to the juvenile home. Prosecutrix- 1 is around 17 years old and prosecutrix-2 is 20 years old.
It is asserted in the petition that the aforesaid FIR has been registered, pursuant to the information received by the police about two police officials, namely Constable Ravinder and SPO Kaptan having been murdered by some unknown persons in front of Haryali Park of village Butana, while they were on patrolling duty. On reaching the spot, the police had found the dead bodies, whereupon, the FIR was registered against unknown persons. However, during the investigation, the petitioner came to know about the incident and she herself took her daughters to police station on 02.07.2020, while she came to know about the involvement of Amit in murder. She had taken her daughter and niece to police station to explain that her daughter and her cousin have not killed the police officials. Rather, they had gone to meet afore-mentioned Amit. Thereafter, the petitioner had gone to meet her daughter in Central Jail, Karnal on 15.07.2020, where she 2 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -3- come to know that her daughter is not well and therefore, she could not talk to her. Again, the petitioner went to jail on 18.07.2020, where her daughter apprised that 10-12 police officials have committed rape upon her and prosecutrix-2. She further named three persons i.e. Sanjay, Radhe and Sandeep of Women Police Station, Sonipat. The daughter of petitioner also apprised that these police officials have beaten them brutally and they are unable to sit and her vagina is bleeding continuously. Thereafter, respondent No.2 never allowed the petitioner to meet her daughters. Relating to the same, the petitioner had also made complaint to SHO Police Station, Barauda on 18.07.2020 but no action was taken. Then, she moved a complaint before Haryana Women Commission Sector-4, Panchkula, thereby requesting for taking action and on the basis thereof, FIR No.65 dated 30.07.2020 was registered at Women Police Station, Sonipat against the aforesaid Sanjay, Radhe and Sandeep.
It is further the claim of the petitioner that her daughter and niece have been falsely implicated in the present case. In fact, they had gone to meet Amit and his friend. Further, she has narrated in the petition about the manner, in which the police officials namely Constable Ravinder and SPO Kaptan had come there, while they were drunk and they had demanded money from Amit, on the pretext that they are sitting in the car at late night. Further, they also started molesting the daughter of the petitioner and prosecutrix-2 and further told Amit to send the girls to police station for a night. On raising objection, heated argument had taken place and in a fit of anger, Amit had injured both the police officials to protect prosecutrix-1 and prosecutrix-2 from further molestation. Further, the petitioner has given the manner of Amit having been killed in fake encounter to destroy the 3 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -4- evidence and further also, the police officials have tried their best to destroy the evidence against police officials, who had gang-raped and molested the daughter of the petitioner and prosecutrix-2, while in custody, by not giving them proper medical treatment and want them to die to conceal the truth coming out. Regarding the incident of custodial gang-rape and brutal physical assault on the daughters of the petitioner by police officials, even the Civil Rights Forum, Sonipat has given an application to Juvenile Justice Board, Sonipat. It is stated in the application that police have committed gang-rape on prosecutrix-1 and molested prosecutrix-2 and after registration of ibid FIR No. 0065 and recording of statement under Section 164 Cr.P.C., the police officials are continuously committing physical and mental torture on both the girls.
Further, it is averred in the petition that petitioner has approached respondent No.2 several times, to allow her to meet her daughters but she has not been allowed to meet her daughters. Even, Sumitra, wife of Pawan resident of Bari Bazar, Jain Mandir, Sonipat who was sent to jail on 05.08.2020 and released on bail on 19.09.2020, has approached the petitioner on that very day i.e. 19.09.2020 and apprised the petitioner that her daughters have been brutally assaulted and they need immediate medical treatment/examination. Then, on 20.08.2020, the petitioner moved an application to Chairman, Human Rights Commission, Chandigarh and requested that her daughters may be provided the medical treatment, as they have been gang-raped by 10-12 police officials in their custody, for the last one month and bleeding has not stopped. Even, application was filed to Chairman, National Women Commission, Delhi, Chairman, National Child Rights Commission and Chairman Scheduled 4 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -5- Caste Commission, Haryana but till date no response has been given to the petitioner. Now, the petitioner has apprehension in her mind that her daughters may be killed in police custody, as they are instrumentally bringing the truth regarding two incidents, firstly relating to FIR No. 182 in which the daughters of the petitioner are in custody and in FIR No.65 which has been registered regarding the gang-rape of daughters of the petitioner. Also, it is mentioned in the petition that from the media reports, the petitioner has come to know that SIT has been constituted to inquire into the matter, which has been constituted, in pursuance of the recommendation so made by the Judicial Magistrate, who conducted judicial enquiry in the case. The petitioner further suspect foul play, as the petitioner or any other family member of the petitioner has not been allowed to meet prosecutrix-1 and prosecutrix-2 after 18.07.2020. Also, the petitioner has come to know that fake medical examinations were conducted revealing nothing on the body of the victims and they got the signature by brutally beating them again and again. The truth is so important at this stage, that the victim life must be protected and they must be given all possible medical treatment and also all evidence of brutality and crime ought to be preserved. Hence, the present petition has been filed with the prayer, as already detailed aforesaid.
Reply was also filed at the instance respondents No.1, 3 and 4. In the reply, the respondents have narrated their version vis-a-vis registration of FIR No.182 dated 30.06.2020 under Sections 148, 149, 186, 302, 353, 404 IPC and Section 25 of the Arms Act, in pursuance of the information so received qua murder of Constable Ravinder and SPO Kaptan posted at Police Post Butana, Police Station Baroda, Sonipat. They have also given the manner of lead, having been obtained in the case vis-a-vis 5 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -6- involvement of car bearing registration No.HR-56B-8192, in pursuance of the mention of the same made in the post-mortem report of Constable Ravinder, wherein, this number was found written on the palm of his left hand. The detail of the injuries so received by both the police officials have been stated therein. Further, in the reply, it is stated that a number HR-56B- 8192 which was found written on the palm of left hand of Constable Ravinder was identified to be that of I-10 Grand car, of which one Gurjit, son of Roshan Lal was the registered owner. After contacting Gurjit, it was found that this car had also been sold to one Sandeep, son of Jogender. Thereafter, Sandeep was contacted, who had also disclosed about Amit @ Sunara S/o Rajkumar and two of his friends with him, on the relevant night. He also stated about Amit to have given one slip, where one mobile number was written and stated that, it was in his jean pant, which may be recovered from his house. Thereupon, the police party had gone to the house of Sandeep and his mother was present there. While the police party was still there, two boys had come and mother of Sandeep had proclaimed about those boys to have killed police officials. Then, both the boys ran away from the house. One of them had disappeared. While the police party chased the other person, who had then started attacking the police party and in defence, the police officials had also given gun shot fire upon that person, who had fallen down. On asking, his disclosed his name as 'Amit' and that of his friend as 'Vikas'. Relating to this gun shot fire, FIR No.263 dated 01.07.2020 under Sections 186, 307, 353, 333, 34 IPC and Section 25 of the Arms Act was registered at Police Station City, Jind. Then, Sandeep was arrested in the present case, who made disclosure statement, on the basis whereof, car bearing registration No.HR-56B-8192 was recovered from his 6 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -7- possession and it was the same car, registration number of which, was found written on the palm of Constable Ravinder, at the time of post-mortem examination. Further, it is also stated that Sandeep had admitted his guilt and also disclosed about the manner of his associating Amit and Vikas on 29.06.2020 and the manner in which, prosecutrix-1 and prosecutrix-2 were associated and they had boarded the car and thereafter, they had reached in front of Hariyali Beej Store. He also disclosed that he along with Vikas consumed liquor at Hariyali Store, whereas, prosecutrix-2 and Amit's friend sat on another corner of the said store and prosecutrix-1 and Amit were in his car and were committing misdeeds (which shows that prosecutrix-1 had intercourse with Amit at that time). He also disclosed about the manner, in which the two police officials had come there and they had and started making enquiries from Amit and prosecutrix-1 and on seeing them, he, Vikas, prosecutrix-2 and Amit's friend also went there. He also stated that both the prosecutrix exhorted that the said police officials knew them and they asked to kill them, as they will disclose the entire scenario in the village, due to which, they will be defamed, upon which, Amit took out a knife, while he and prosecutrix-1 and prosecutrix-2 thrashed one police official, namely Ravinder with fists and kicks and caught hold of him and thereafter, Amit stabbed him repeatedly and at that time, Amit also stabbed another police official, whose name was Kaptan and after some time, both the police officials had breathed their last and thereafter, they all boarded in the car, left both the prosecutrix in front of their street and then fled away and reached Jind. Further, it is also stated that on 03.07.2020, accused- prosecutrix-1 and prosecutrix-2 were arrested in this case and on the same day, they were medico-legally examined in General Hospital, Gohana and 7 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -8- they also further disclosed about the manner, in which they have developed friendship with Amit and then with his friend Neeraj. Also, it is stated that after expiry of police remand on 05.07.2020, again both the aforesaid girls were produced before the Medical Officer, General Hospital, Gohana on 05.07.2020 and they were got medico-legally examined. There was no mark of fresh external injury present on their bodies and their pregnancy test was also found to be negative and their tests for COVID-19 were also got conducted. Even, further the manner of arrest of other accused Vikas and Neeraj has also been detailed in the reply. Further, it is also stated that after completion of investigation, final report under Section 173 Cr.P.C. has been given against accused Sandeep, Neeraj, Vikas and prosecutrix-2, on 15.09.2020, whereas, challan against child-in-conflict with law i.e. prosecutrix-1 was filed before learned Juvenile Justice Board, Sonipat on 16.09.2020.
In the reply, it is also stated that in the present petition, allegations of custodial gang-rape of the daughter of the petitioner namely prosecutrix-1 has been alleged from 01.07.2020 to 05.07.2020, during the course police remand by the police officials and names of some of them are Sanjay, Radhe and Sandeep of Women Police Station, Sonipat, relating to which FIR No. 65, dated 30.07.2020, under section 376(2A)/376-D IPC and Section 6 of POCSO Act, 2012, has been registered in Women Police Station, Sonipat and the Investigation of the same has been entrusted to senior police officer, namely Nikita Khattar, IPS, Assistant Superintendent of Police, Sonipat and the investigation is being conducted, in an impartial manner. Further, it is also stated that during the course of medical examination held on 03.07.2020 and 05.07.2020, there was found to be no 8 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -9- external mark of injury on the body of both the girls. Even, during the period of police remand from 03.07.2020 to 05.07.2020, both the victims have been guarded by the Lady Constables. Also, it is stated that again on 07.07.2020, Dr. Anjali Sharma, of Kalpana Chawla Government Medical College & Hospital, Karnal, has examined prosecutrix-1, daughter of the petitioner, wherein she observed that a superficial small cut of 3 cm straight, seen on left labia majora and there was mild bleeding and no profuse bleeding. The Doctor opined that possibility of use of stick or knife could be the cause which was more commonly be self-inflicted or hit by other. It was further opined that there was no possibility of inserting something in vaginal opening be elicited and no possibility of sexual assault be elicited. Also, it is stated in the reply that victims were produced before doctor for medical examination and they were also produced before the concerned Court on 03.07.2020 and 05.07.2020. However, they did not raise any allegation against police officials at that time. It was only on 18.07.2020, when the petitioner met her daughter, the child in conflict with law/victim- prosecutrix-1 complained of pain and gang rape. Relating to these allegations, the investigation is being conducted by a Senior Police Officer. Both the said alleged victims were also medico-legally examined on 01.08.2020 and as per the report, there was no visible mark of injury. Even, the statements under Section 164 Cr.P.C. were recorded and none of them specifically named any police official. Even, reference has been made to the judicial enquiry conducted under section 176(1A)(b) Cr.P.C., wherein also, the concerned Magistrate had concluded in his report dated 21.09.2020 that medical evidence coupled with statements of witnesses regarding presence of alleged persons with victims are also inconclusive. It is stated that there 9 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -10- is variation about the time of arrest of both the girls and about their rape in police custody. Further, reference has also been made to the statement under Section 161 Cr.P.C. one one Advocate Bijender, who had got recorded in his statement, about petitioner to have approached him for getting filed a false case against the police officials for implicating them with the allegations of rape upon her daughter, relating to which DDR No.13 dated 16.07.2020 was also recorded in Police Post Butana. It is further stated in the reply that the present petition has been falsely filed. However, there is involvement of prosecutrix-1 and prosecutrix-2 in the ibid FIR No.182 and impartial investigation is being conducted in ibid FIR No.65. As such, a prayer has been made for the dismissal of the petition.
Even reply has been filed by respondent No.2, wherein, besides stating about the manner of both girls to have been admitted in District Prison, Karnal on 05.07.2020 in pursuance of orders of the Court in case FIR No.182 dated 30.06.2020 Under Sections 302, 404, 186, 353 IPC and 25 of Arms Act, P.S. Barauda, Gohana, as undertrial prisoners, also further stated about prosecutrix-1 to have been thereafter transferred to Observation Home (for girls), Nari Niketan, Karnal in compliance of the order dated 19.08.2020. Respondent No.2 has also given the detail about the manner of medical examination of both the girls to have been conducted on 06.07.2020 and further on 27.07.2020 in pursuance of the order passed by learned SDJM, Gohana. In paragraph No.6, the detail has also been given about the family members/relatives of prosecutrix-1 having met her six times till date, as detailed herein:-
10 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -11- Date Time Name Relation Guardian Address 13-07-2020 10:08 Mukesh Cousin Dilbag Singh Butana Kundu, AM (Male) Distt. Sonipat 13-07-2020 10:06 Kavita Mother W/o Raj Butana Kundu, AM (Female) Kumar Distt. Sonipat 15-07-2020 10:23 Kavita Mother W/o Raj Butana Kundu, AM (Female) Kumar Distt. Sonipat 18-07-2020 10:51 Kavita Mother W/o Raj Butana Kundu, AM (Female) Kumar Distt. Sonipat 10-08-2020 4:29 Rakesh Advocate Angrej Mayur Vihar PM (Male) Gohana Road, Sonipat, Chamber No. 30 Sonipat.
Contact No.
9416195551
20-08-2020 4:45 Ram Parsad Advocate Pokhar Mal 99 Weavers
PM (Male) Colony PNP
Chamber No. 190
Distt. Court,
Panipat, Contact
No. 7015078042
10-10-2020 5:12 Sonia Tanwar Advocate Jairam Ranga Chamber No. 370
PM (Female) 4th Floor, Distt.
Karnal
In paragraph No.7, the family members/relatives of have met prosecutrix-2 several times, as detailed herein:-
Date Time Name Relation Guardian Address
13-07-2020 10:06 Babita Mother W/o Jai Butana Kundu,
AM (Female) Narayan Distt. Sonipat
13-07-2020 10:06 Mukesh Cousin Dilbagh Singh Butana Kundu,
AM (Male) Distt. Sonipat
30-07-2020 11:58 Babita Mother W/o Jai Butana Kundu,
AM (Female) Narayan Distt. Sonipat
30-07-2020 11:58 Jai Narayan Father Maha Singh Butana Kundu,
AM (Male) Distt. Sonipat
10-08-2020 4:32 Pawan Advocate Jage Ram New Tara Nagar
PM (Male) Sonipat. Contact
No. 9466600577
20-08-2020 4:45 Ram Parsad Advocate Pokhar Mal 99 Weavers
PM (Male) Colony PNP
Chamber No. 190
Distt. Court,
Panipat, Contact
No. 7015078042
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CRM No.M-35684 of 2020 -12-
Date Time Name Relation Guardian Address
10-10-2020 5:12 Sonia Tanwar Advocate Jairam Ranga Chamber No. 370
PM (Female) 4th Floor, Distt.
Karnal
Even, in the reply, he has stated about the girls having been produced on 20.08.2020 before the Court, in pursuance of production warrant received on 13.08.2020 in FIR No.65 of 2020 under Sections 376(2) (A), 376D IPC and Section 6 POCSO Act, PS Women Sonipat for recording of their statements. Also, it is stated that relatives/family members of the undertrial prisoners were allowed to meet them in accordance with the instructions issued by the Government of Haryana. Further, it is also stated that proper medical care is being imparted by the jail authorities to the inmates.
Undisputedly, as culled out from the petition and the replies so filed, it is evident that FIR No.182 dated 30.06.2020 under Sections 148, 149, 186, 302, 353, 404 IPC and Section 25 of the Arms Act was registered at Police Station Baroda, Sonipat qua murder of two police officials, while on patrolling duty. Thereafter, FIR No.263 dated 01.07.2020 under Sections 186, 307, 353, 333, 34 IPC and Section 25 of the Arms Act was registered at Police Station City, Jind, on the assertion of Amit, having been shot at, in defence by the police, while he was fleeing away, though, it is claimed by the petitioner about Amit, having been killed, in fake encounter to bury the truth, vis-a-vis role of police officials, qua whose death, ibid FIR No.182 was registered. Also, it is not disputed that in FIR No.182 dated 30.06.2020, arrest of prosecutrix-1 and prosecutrix-2 was effected. Even, it is not disputed that FIR No.65 dated 30.07.2020 under Sections 376(2A)/376-D IPC and Section 6 of POCSO Act, was registered on the 12 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -13- allegations of gang-rape by dozen of police personnel, during the course of police custody.
Also, it is not disputed that the Judicial Magistrate had conducted enquiry under Section 176(1A) Cr.P.C. and the enquiry report is dated 21.09.2020, which has been placed on record as Annexure P-9. Amid allegations of two girls, having been raped by dozen of police personnel in custody at Police Station, SIT had been formed to probe the matter, in pursuance of the recommendations made by learned Magistrate in the enquiry report dated 21.09.2020. This SIT is now headed by Ms.Nikita Khattar, IPS Officer and investigation is under way.
In this backdrop, now the submissions made by learned counsel for the petitioner, have to be seen. So far as, investigation in all the three FIRs, relating to the role of aforesaid two girls in the same and role of police officials, is concerned, there is intentional restraint made by this Court lest the investigation may be influenced, in one manner or the other.
In the petition itself, the petitioner has stated that during the course of investigation of the matter, qua the death of two officials, she came to know about the incident and she took the girls to the police station on 02.07.2020, when she came to know about involvement of Amit in the murder. It clearly shows about the arrest of aforesaid girls having not been effected on 01.07.2020, as so stated by the victim girls before the Magistrate during the course of the enquiry conducted under Section 176(1A)(b) Cr.P.C., the report whereof is Annexure R-9. As per version of the respondents, both the aforesaid girls were arrested in ibid FIR No.182 on 03.07.2020. In the light of the material so coming forth and the arrest having been so effected, the period of custody, during the course of enquiry, 13 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -14- had been taken to be from 03.07.2020 to 05.07.2020. It has been specifically observed in the enquiry that there is no document on record, which could prove that both the aforesaid girls were arrested by the police on 01.07.2020. May it be so, it is pertinent to mention that soon after arrest, both the girls were subjected to medical examination on 03.07.2020 and then, after the police remand, before sending them to judicial custody, again their medical examination was conducted. The said examination reports have been placed on record. The perusal of the same reveals that it was specifically observed by the concerned doctor about no visible mark of injury seen over body and genitalia. Even, detail of the medical examination and the observation so made by the concerned doctor, during these two medical examinations, have been specified by the Magistrate in the enquiry report. Not only this, even thereafter, the medical examination of the said girls were conducted. They did not make any complaint of pain, gang-rape, internal injury or bleeding at that time. Both the said alleged victims, at the time of their medical examination before the concerned doctor and even, while they were produced before the Court on 03.07.2020 and 05.07.2020, did not dilate anything relating to the atrocities committed by the police officials as now claimed, relating to which abid FIR No.65 has been registered on 30.07.2020. There was total silence at that time. On the basis of the material so coming forth, the concerned Magistrate, in the enquiry, has reached the conclusion that the medical evidence with regard to the commission of rape, is inconclusive at this stage. Though, he opined that possibility of rape cannot be ruled out, but it cannot be clearly established in this enquiry whether prosecutrix-1 was raped by any police official during police custody. Even, in pursuance of an application so filed, vide order 14 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -15- dated 27.07.2020, the concerned Magistrate had ordered for medical examination of both the alleged victims, whereupon, it was so conducted and there also, there was stated to be no injury mark and there was also total silence by both the alleged victims, at that stage. This shows that multiple times, medical examination of the victims were conducted but there was total silence maintained by them, at every opportune time, to disclose about the occurrence so caused. Considering the very fact of the victims, having been medically examined multiple times, it shall not be appropriate to further direct the constitution of Medical Board, for comprehensive medical examination of both the victims, more particularly, considering the duration of time having lapsed, since then. However, the matter relating to allegation of custodial rape, is now handled by SIT headed by Ms.Nikita Khattar, who is an IPS Officer. That being so, the probe shall be conducted in the due course and it shall be open for SIT to examine the question of medical re- examination of the victims qua the atrocities of the police officials during the time of their custody in police station and then proceed further in accordance with law. But any how, it is utmost necessary that both the girls should be given appropriate medical treatment, so required, while they are in judicial custody at Central Jail, Karnal and Observation Home, Karnal respectively. Considering the same, it is so ordered that Superintendent, Central Jail, Karnal and Incharge, Observation Home, Karnal, respectively, shall take appropriate steps for extending medical treatment to both the aforesaid girls in PGIMER, Chandigarh, in coordination with Secretary, District Legal Services Authority, Sonepat. Superintendent, Central Jail, Karnal and Incharge, Observation Home, Karnal, shall coordinate with Secretary, DLSA, Sonepat and facilitate extending of medical treatment to 15 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -16- prosecutrix-1 and prosecutrix-2, in PGIMER, Chandigarh. Even, both the Heads of Central Jail and Observation Home, are hereby directed to ensure and take appropriate steps, so as to protect the life of the victims, while they are inmates of Central Jail and Observation Home. They shall also apprise of the steps so taken, to the Secretary, DLSA, Sonepat, who shall also record his satisfaction, qua the steps so taken.
As per the version of the petitioner, after 18.07.2020, respondent No.2, who is Jail Superintendent, Central Jail, Karnal, has not allowed the petitioner and her family members to meet the victim girls. However, in reply, detailed chart has been reproduced about the dates when the family members of alleged victims had met them in the jail premises. The perusal of the detail, so given in paragraph No.6 of the reply filed by respondent No.2, reveals that petitioner had lastly met prosecutrix-1 on 18.07.2020 and thereafter, there were three meetings with prosecutrix-1, on 10.08.2020 by one Rakesh, who is Advocate; second on 20.08.2020 by Ram Parsad, who is also Advocate and third on 10.10.2020 by Sonia Tanwar, who is also an Advocate. Likewise, family members of prosecutrix-2 had met prosecutrix-2 lastly, on 30.07.2020 and thereafter, on 10.08.2020, 20.08.2020 and 10.10.2020, Advocates by the name of Pawan, Ram Parsad and Sonia Tanwar had respectively, met prosecutrix-2. Relating to the same, even details of visitor register have been annexed with the reply. Even though, it is claimed that the inmates had met the Advocates but however, learned counsel for the petitioner submits that these Advocates were neither engaged by the petitioner nor the inmates and they have no concern with these Advocates. Even from the records, so produced, it is not evident, whether these Advocates were legal aid counsel or not. In these 16 of 17 ::: Downloaded on - 20-11-2020 00:58:33 ::: CRM No.M-35684 of 2020 -17- circumstances, it cannot be concluded with certainty as to whether, there was any effort made by the petitioner/family members to meet the inmates after 18.07.2020 and 30.07.2020 respectively and same was denied by the jail authorities. The jail record which is available, shows that the petitioner and her relatives had met inmates lastly on 18.07.2020 and 30.07.2020 and thereafter, Advocates have met. Who are these Advocates, there is nothing as such, coming on record. But anyhow, the jail authorities are required to facilitate meeting of the victims with the petitioner/relatives, in accordance with Rules and also the instructions, so issued, during Covid-19 pandemic. As such, the Superintendent, Central Jail, Karnal and Incharge, Observation Home, Karnal, are hereby directed to ensure and facilitate regular meetings of the petitioner and family members of prosecutrix-1 and prosecutrix-2 in accordance with Rules and the latest instructions issued by Government of Haryana.
Accordingly, the present petition stands disposed of in view of aforesaid terms.
However, these observations are circumscribed only for the purpose of disposal of this petition and shall have no impact on the pending investigation/trial of all the above-mentioned FIRs, in any manner.
November 19, 2020 (ARCHANA PURI)
Vgulati JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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