The judgment underscores the significance of substantiated evidence in cases involving alleged violations of fundamental rights and the rights of under-trial prisoners.

ARVIND SINGH SANGWAN, J.

1. Prayer in this petition is for issuance of directions to the District & Sessions Judge, Mohali to hold an inquiry regarding an incident, in which nephew of the petitioner namely Amit Malik @ Bhura, when brought from the Central Jail, Patiala to appear before the Illaqa Magistrate, Mohali on 23.11.2017, in FIR No.158 dated 28.04.2017 under Sections 302/34/120-B of the Indian Penal Code (for short ‘IPC’) and Sections 25/27 of Arms Act, Police Station Zirakpur, District Mohali, was taken away by respondent No.3-SSP, Mohali from the Court premises to CIA Staff, Kharar and was subjected to 3rd degree torture.

2. It is also prayed that as an interim measure, Chief Medical Officer, Rajindra Hospital, Patiala be directed to constitute a Medical Board to medically examine Amit Malik @ Bhura to verify the injuries sustained by him and further to direct securing of recording of the CCTV cameras of CIA Staff, Kharar, Central Jail, Patiala and Mohali District Courts dated 23.11.2017. It is further prayed that instead of physically producing the victim before the trial Court, further judicial proceedings be undertaken through video conferencing.

3. Learned counsel for the petitioner submit that nephew of the petitioner namely Amit Malik @ Bhura is involved in two FIRs i.e. FIR No.62 dated 04.04.2015 under Sections 307, 343, 186, 465, 467, 468, 471, 473, 474 IPC and Sections 25/54/59 of Arms Act, Police Station Sadar Patiala, District Patiala and aforesaid FIR No.158 dated 28.04.2017. It is further submitted that Amit Malik @ Bhura was detained in Central Jail, Patiala and was regularly appearing before the Court under the protection of Patiala Police. On 23.11.2017, while he was produced before the Illaqa Magistrate at SAS Nagar (Mohali), SSP, Mohali had forcibly taken him to CIA Staff, Kharar and tortured him by adopting 3rd degree method and caused him serious injuries and even his head was shaved.

4. Learned counsel for the petitioner further submits that since nephew of the petitioner is under-trial prisoner in two FIRs, he was forcibly taken from Court premises at Mohali to CIA Staff, Kharar by respondent No.3 and was given 3rd degree torture, as detailed in para 3 of the petition, therefore, it is prayed that an inquiry be marked to District & Sessions Judge, Mohali to look into the incident, as it amounts to violation of fundamental rights of the accused person and the police authorities have no right to torture an under-trial person, while in judicial custody.

5. Learned counsel for the petitioner has relied upon a judgment of the Hon’ble Supreme Court in Monica Kumar and Anr. Vs. State of UP and others, 2017 (8) Scale 603 to submit that in such/similar circumstances, where the High Court has declined the prayer for CBI/an inquiry and directed the petitioner to avail his remedy under Section 156 (3) Cr.P.C., the Hon’ble Supreme Court had issued a direction to the District & Sessions Judge to enquire into the incident. Facts of said case are that the petitioners i.e. Monica Kumar and another were siblings and were pursuing their MBBS course and had filed a Writ Petition complaining of harassment meted out by the Chairman of the College and SHO and his supporting staff brutally assaulted the petitioners with lathies, shoes, fist and caused numerous injuries on all parts of their body. They got themselves medico-legally examined in the hospital and x-ray report revealed dislocated fracture and other injuries. In such circumstances, the Hon’ble Supreme Court has directed the District & Sessions Judge, Gaziabad to nominate a judicial officer to hold an inquiry in the said incident.

6. Learned counsel for the petitioner has also relied upon D.K. Basu Vs. State of West Bengal, 1997 (1) RCR (Criminal) 372 to submit that the police authorities have failed to abide by the guidelines given by the Hon’ble Supreme Court regarding the arrest and detention of the accused person Amit Malik @ Bhura and have violated h