HC for independent probe in police custodial torture case

The directions were passed today by Justice Rajan Gupta on a petition filed by one Karnail Singh,resident of Sangrur. The petitioner had moved the High Court alleging custodial torture.

The petitioner had contended that an FIR on charges of cheating was registered by the Patiala Police on March 3,2011. Karnail Singh was picked up from his residence on March 2,2011,and was severely beaten up resulting in fracture of both hip bones. There were allegations against Karnail Singh of defrauding a Patiala resident in a property case.

The petitioner demanded that the inquiry/ investigation of the case be entrusted to an independent agency. The counsel for the Punjab government opposed the demand on the ground that three enquiries have been conducted in the case,last being by the Punjab Additional Director General of Police (VIgilance). According to the counsel,the allegations levelled by the petitioner could not be substantiated in the said inquiries.

Before proceeding further in the matter,the Court had on the last date of hearing in April “deemed it fit that the stand of the State is made clear to this Court”. In response,the affidavit of Punjab Additional Director General of Police (Internal Vigilance) Narinder Sharma was filed today.

The counsel for the petitioner submitted that the stand taken earlier has merely been reiterated.

According to the counsel,the affidavit does not throw any light on the manner in which the occurence took place.

“The counsel for the petitioner submitted that the story of the investigating agency appears to be prima facie false as,admittedly,the petitioner had stopped his vehicle and disclosed to the police that his left hip bone was fractured. According to the affidavit,immediately thereafter he tried to escape and fell in a ditch resulting in fracture of the other hip. The counsel contended that only an independent inquiry/ investigation can reveal the actual course of events. Faced with this situation,the State counsel sought instructions from the Patiala senior superintendent of police (SSP). Although he agrees in principle that an independent inquiry may be in order,he submitted that it is not a fit case for handing over to the CBI,” Justice Rajan Gupta held today.

The Punjab law officer added that another inquiry can be conducted by the Patiala Inspector General of Police. This was objected to strongly by the counsel for the petitioner. “In view of the above,one last opportunity was granted to the State counsel. Prima facie,it appears that an inquiry by an independent authority/ agency may be required,” reads the order.