HARINDRA KUMAR SINGH Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Petitioner had a son by name Sathnam Singh Mann. In 2012 Satnam Singh Mann was doing his LLB course at Dr Ram Manohar Lahya Law University, Lucknow; he was aged 23. He left his residence on 31.05.2012. He reached Amruthanandamayi Math at Vallikkavu near Karunagapally on 01.08.2012. At about 1.00 P.M uttering some words in Arabic language he rushed towards Amrudanandamayi. The security personnel and others overpowered him and handed over him to the police. At 2.00 P.M Crime No. 1832 of 2012 was registered at Karunagapally Police Station for the offences under sections 307 , 332 and 442 IPC. The police took him to Taluk Head Quarters Hospital, Karunagapally at 9.30 in the night and at 4.45 P.M on the next day. Later, at 7.00 P.M on 02.08.2012 the police produced him before the Judicial Magistrate of First Class, Karunagapally, who remanded him to judicial custody. He was lodged in District Jail, Kollam. After midnight he was taken to District Hospital, Kollam as he allegedly showed some signs of mental illness. At about 2.45 A.M on 03.08.2012 he was taken to Mental Health Centre, Peroorkkada in Thiruvananthapuram. On 04.08.2012 he had an altercation with a fellow inmate. As the jail authorities (Accused 1 and 2) found it difficult to disengage them, they along with 4 convict patients (Accused 3 to 6) assaulted him with sticks, lock and plastic cables. One of them banged his head on the wall. As a result of the injuries sustained by him, Satnam Singh Mann died at about 8.30 P.M on 04.08.2012. Crime No. 910 of 2012 was registered at Peroorkada police station for the offences under sections 302 , 323 , 324 and 341 IPC in connection with his death. Autopsy on his body was conducted at the Medical College Hospital, Thiruvananthapuram by a team of three doctors on 06.08.2012. They found 77 ante-mortem injuries on the body of Satnam Singh Mann. Some of them were blue in colour. The deceased had sustained blunt injuries on the head and the neck. The doctors expressed the opinion that the death was due to the injuries sustained on the head and the neck. The investigation into the case (Crime No. 910 of 2012 of Peroorkada police station) was entrusted to the CBCID which re-registered the case as Crime No. 691/CR/HHW-I/TVM/2012. On conclusion of the investigation the investigating officer filed a final report in the court concerned. The accused jail authorities and the 4 convict patients are shown to have committed the offences under sections 302 , 323 , 324 and 341 IPC. The case is now pending in the court of the Sessions Court, Thiruvananthapuram as S.C.No. 409 of 2013. The petitioner alleges that his son had been brutally assaulted at the Amruthanandamayi Math, at the police station and at the jail at Kollam and he sustained the fatal injuries during the assault at the Math, police station and the Jail at Kollam, the investigating officer who filed the final report in the case did not conduct an honest and effective investigation. So his prayer is to order re-investigation by the Central Bureau of Investigation (CBI), whose officers are respondents 3 to 5.

(2.) Heard the learned counsel for the petitioner and the learned special Public Prosecutor.

(3.) The incident at the Math of Amruthanandamayi at Vallikkavu near Karunagapally took place at about 1 in the afternoon on 01.08.2012. The security personnel and others nabbed Satnam Singh Mann (herein after called the deceased) and reported the matter to the police. After about one hour the police attached to the Karunagapally Police Station took him to the police station, where a case was registered. On the same day the deceased was produced before the Doctor Kiran attached to the Taluk Head Quarters Hospital, Karunagapally who certified that he had not sustained any injuries and he was physically fit. Thereafter, he was kept in police custody at the Karunagapally Police Station, where he was visited by his brother Vimal Kishore who was a New Delhi based journalist. The investigating officer has recorded his statement under section 161 Cr.P.C. He told the police that his brother was not wearing a shirt when he met him and he had not sustained any injuries. The next day (02.08.2012) the police produced him before the Judicial Magistrate of First Class at Karunagapally, who remanded him to judicial custody. The learned Magistrate has not recorded that he had sustained any injuries. The deceased was lodged in District Jail at Kollam. In the night he became violent. So he was taken to Doctor Harish Mani of District Hospital, Kollam. The doctor reported that the deceased had "psychiatric disorder and he needed treatment in cell". The doctor referred him to the Mental Health Centre, Peroorkada. At about 2.50 in the morning on 02.08.2012 he was lodged in Mental Health Centre, Peroorkada. The allegation of the petitioner is that some of the injuries sustained by the deceased were aged more than 72 hours at the time of his death. The petitioner specifically alleges that the deceased was assaulted at the Amrithananthamai Math, the police station at Karunagapally and the District Jail at Kollam. The entire incident at the Math was recorded by electronic means. The investigating officer seized it and produced before the court. So also the electronic records available at the District Jail, Kollam where there was a CC TV were seized by the investigating officer and produced before the court. The learned counsel for the petitioner was allowed to see them played. He was fully satisfied that there was no evidence of assault of the deceased by anyone at the Math or the District Jail at Kollam. It follows that till the deceased was taken to Mental Health Centre Peroorkada, he had not sustained any injuries.