KALYAN SINGH Vs. STATE OF C G

JUDGEMENT

(1.) THE Petitioner by this petition under Articles 226/227 of the Constitution of India is praying for issuance of writ in the nature of mandamus seeking a direction against the State to pay him compensation to the tune of Rs. 5,00,000/- for the constitutional tort committed by the Respondents. He has further prayed for imposition of appropriate punishment on the Respondents in accordance with law who are alleged to have subjected the Petitioner to torture in police custody.

(2.) CASE of the Petitioner in brief is that he is the resident of village Tikar (Jyotipur), Police Station Gaurella and is mason by profession whereas Respondents 3 to 8 are the Police Officers posted at Police Station Gaurella under Respondent No. 2.

(3.) WHOLE incident was witnessed by the people of the locality as the road from where he was taken traverses through the busy market of the area. It is further alleged that beating started from 10/11.00 p.m. on 29.10.99. Respondent No. 8 administered electric shock in his legs. Respondent No. 4 beat him with stick and kicks whereas Respondent No. 3 SDO (P) squeezed his head by boot after beating as a result of which the Petitioner became unconscious. Petitioner also alleges that one constable urinated over his face. It is also alleged that sole of his feet were burnt by giving electric current and realizing that the condition of the Petitioner was worsening and he might die, the police personnel started giving medical treatment to him. Thereafter, he was taken to the Community Health Centre, Gaurella whereupon the doctor referred him to District Hospital, Bilaspur vide Annexure P-1. He was admitted in the District Hospital, Bilaspur at 5.20 a.m. on 30.10.99 vide Annexure P-2. The doctor of District Hospital, Bilaspur again referred the Petitioner to Medical College Hospital, Raipur for X-ray vide Annexure P-3 dated 30.10.99, as the X-ray machine of District Hospital, Bilaspur was out of order. Thereafter the Petitioner was discharged from District Hospital, Bilaspur vide Annexure P-4 dated 01.11.99. The Petitioner was given some treatment at Medical College Hospital Raipur vide medical report Annexure P-5. It is averred that during this period the Petitioner was unconscious and he came to know about his shifting from one place to another by the police later, through the documents and the charge sheet filed by the police. He was ultimately produced before the Judicial Magistrate First Class, Pendra Road on 02.11.99 and the learned Magistrate directed medical examination of the Petitioner and asked for the medical report. As per the directions of the Court Respondent No. 4 forwarded the Petitioner to Medical Officer, Gaurella for examination and also for appropriate treatment vide memorandum of Annexure P-6. The Petitioner was formally shown/under arrest on 02.11.99. The Asstt. Surgeon examined the Petitioner and gave his finding that the Petitioner was complaining acute pain and noticed tenderness, headache, pain in right side of the face, scarring in between toes of left foot and multiple abrasions over left foot etc. and thus the doctor referred the Petitioner to Sardar Patel Hospital, Bilapur for X-ray and special Orthopedic Opinion & Management. Respondent No. 4 vide Annexure P-7 addressed to B.M.O. Gorella requested for providing an ambulance with staff for carrying the Petitioner to District Hospital, Bilaspur for further treatment. Respondent No. 4 also lodged the complaint before JMFC, Per idra Road to the effect that doctors were not providing treatment to the Petitioner vide Annexure P-8. The BMO vide reply of Annexure P-11 to the memo dated 03.11.99 stated that ambulance was not available at the centre and therefore the Petitioner be taken to Bilaspur by train. It is further averred that learned Fourth Additional Sessions Judge, Link Court, Pendra Road by order dated 18.11.99 vide Annexure P-12 granting bail to the Petitioner observed that the Petitioner was illegally detained by the police from 29.10.99 to 02.11.99. The Court has further observed that while the Petitioner was in police custody he had sustained several injuries and even on that day the Petitioner required appropriate treatment. It is also averred that Christian Community had proceeded against the inhuman and barbaric treatment given to the Petitioner by the police and the Human Rights Commission did not take cognizance of the complaint of the Petitioner on the ground that case was already pending in the Court vide Annexure P-16.