GURMEET KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for making inquiry to some independent agency or the District and Sessions Judge, with regard to the incident of custodial death of Amrik Singh, husband of the petitioner, with a further prayer for allowing adequate compensation to the family of the deceased (sic) owing only 4 acres of land and he was looking after his wife and children. It was alleged that on 11.11.1997, at about 5.00 p.m., Amrik Singh had gone to bus stop for some work and there a policy party of PS Fatehabad come and on seeing them three unknown persons ran towards the fields and the husband of the petitioner, who was near the spot, was approached by the police on suspicion that he was one of those persons who had run away. It was alleged that later on it came to light that those persons who ran away were trading in illicit liquor. It was alleged that the husband of the petitioner was taken to PS Fatehabad, in case hearing FIR 714 dated 11.11.1997 under Sections 61/1/14 of the Punjab Excise Act, in PS Sadar, Fatehabad. It was alleged that as per the allegations in the FIR Amrik Singh, husband of the petitioner, was found in drunken condition and when the police party arrested him, he fell down on the ground as unconscious because of liquor. It was alleged that when the petitioner and her father-in-law came to know that Amrik Singh had been taken into custody by the police, father of Amrik Singh went to the Police Station alongwith others and there he came to know that Amrik Singh had been taken to hospital in unconscious condition due to excessive liquor. It was alleged that when they went to Civil Hospital, they came to know that Amrik Singh had expired. It was alleged that initially they were not allowed to go near the dead body and after obtaining thumb impressions on the blank papers they were allowed to go near the dead body. It was alleged that on the next day the dead body was handed over to them after post mortem examination. It was alleged that Amrik Singh had died because of torture by the police while he was in policy custody. It was alleged that various representations were sent to various authorities but of no avail. It was alleged that it was a case of custodial death. It was accordingly prayed that an inquiry be got conducted by some independent agency or by the District and Sessions Judge, in respect of custodial death of Amrik Singh, deceased and adequate compensation be paid to the family of the deceased.

(2.) THE petition was contested by the respondents and affidavits was filed by Shri Manoj Yadav, IPS, SP Fatehabad and the various allegations made by the petitioner in the petition were denied and it was alleged that the husband of the petitioner had died due to excessive drinking. It was denied that he was caused any inquiry while in custody or otherwise. Reply was also filed by Inspector Balbir Singh, SHO, as also by respondents 4 and 5, to the same effect.

(3.) REPORT from the learned Additional District and Sessions Judge, Hisar has been received. Copies of the said report were supplied to the counsel for the parties.