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2000 Supreme(P&H) 1031
PUNJAB & HARYANA HIGH COURT
V.M.Jain, J.
Paramjit Singh @ Pammi
Versus
State Of Punjab
Criminal Writ Petition No. 1414 of 1995,
Decided On : AUGUST 29, 2000
Accountability of police officials for alleged torture and damage to undertrial's eye
Headnote:
Torture - Undertrial's Right Eye Damage - Court orders FIR against Police Officials
Fact of the Case:
During an inspection of a Central Jail, an undertrial's damaged eye was reported. The undertrial alleged that his eye was damaged by the police during investigation. The District and Sessions Judge directed an enquiry, which found police officials responsible for the damage.
Finding of the Court:
Based on the enquiry report, the court ordered the SSP Ludhiana to register an FIR against the police officials and to submit a report under Section 173 Cr.P.C. within 3 months.
Issues: Alleged police torture resulting in undertrial's eye damage
Ratio Decidendi: The court relied on the enquiry report to hold the police officials accountable and ordered the registration of an FIR and investigation under Section 173 Cr.P.C.
Final Decision: The petition was disposed of with the order for FIR registration against the defaulting police officials and a report submission within 3 months.
V.M.Jain, J.
1. Vide letter dated 20.11.1995, the District and Sessions Judge, Jalandhar reported that during the course of inspection of Central Jail, Jalandhar by him on 31.10.1995, an eye of under trial Paramjit Singh @ Pammi son of Mohinder Singh was found in a damaged condition. Orally, he stated before him that his eye was damaged by Ludhiana Police during the course of investigation. Superintendent, Central Jail, Jalandhar was directed to get an application from him and to send the same with the opinion of the Doctor. Thereupon, the Superintendent Central Jail, Jalandhar submitted a copy of the application of undertrial Paramjit Singh @ Pammi alongwith a copy of the opinion of Doctor. As per the allegations in the application, Paramjit Singh @ Pammi was taken from Central Jail, Jalandhar to be produced in the Court of Chief Judicial Magistrate, Ludhiana, where the Chief Judicial Magistrate, Ludhiana had given remand for 6 days and during the said period of remand, he was tortured by the police, as a result of which his right eye was damaged and his eyesight was lost. Under these circumstances, it was requested by the District and Sessions Judge, Jalandhar that the matter requires further probe.
2. The above said letter received from the District and Sessions Judge, Jalandhar was treated as a petition and notices were ordered to be issued to the State of Punjab besides police and jail authorities. Replies were filed. Vide detailed order dated 3.5.1996, the District and Sessions Judge, Jalandhar was directed to hold an enquiry into the entire matter and to submit his report to this Court. In pursuance thereof, the District and Sessions Judge, Jalandhar submitted his detailed report dated 27.11.1996, to the effect that SI Naginder Singh and ASI Sukhdev Singh of Police Station Division No. 5, Ludhiana were responsible for the damage caused to the right eye of Paramjit Singh, petitioner.
3. No one has put in appearance on behalf of the petitioner. Even on the last date of hearing no one had appeared on behalf of the petitioner.
4. I have heard the learned counsel appearing for the State of Punjab and have gone through the record carefully. In view of the enquiry report dated 27.11.1996 submitted by the District and Sessions Judge, Jalandhar, in my opinion, it is a fit case where the necessary directions be issued to SSP Ludhiana to register an FIR against the defaulting police officials and after getting the matter investigated thoroughly, to submit report under Section 173 Cr.P.C. not later than 3 months from the date of receipt of a certified copy of this order from this Court. Ordered accordingly. Petition stands disposed of.
