AMANDEEP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a minor son of Surinder Mohan (deceased), was about 11/12 years old when this petition was filed in the year 1994. He has thus attained majority long ago. He invoked the jurisdiction of this Court under Articles 226/227 of Constitution of India through his grandmother as next friend, on account of death of his father taking place while undergoing life imprisonment in Central Jail, Ferozepur.

(2.) Surinder Mohan was a life convict in FIR No. 115 dated 13.08.1990, P.S. Guruharsahai. According to the petitioner, his father was murdered while in custody in the Central Jail, Ferozepur on the night of 25/26.09.1993. There were injuries on the head and other parts of body of Surinder Mohan. The petitioner was not aware about the manner in which his father suffered injuries and killed, but it was apprehended that he was murdered by the Jail Authorities or suffered injuries due to torture by the police or murdered in conspiracy with the Jail Authorities. Nothing untoward can otherwise happen without notice of Jail Authorities. Even immediate medical aid was not provided to the deceased. The deceased was in serious condition. His family members took him to Civil Hospital, Ferozepur and then to Medical College, Faridkot from where he was referred to CMC Ludhiana. However, the escort party took Surinder Mohan first to the Central Jail, Ludhiana instead taking him straight to the Hospital. Due to delay in providing medical aid, Surinder Mohan succumbed to the injuries on reaching CMC Ludhiana.

(3.) It is the version of petitioner that the State and its functionaries owed a duty to protect the life of the jail inmates.