BALWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner is the widow of S. Charanjit Singh, who is alleged to have died mysteriously in Central Jail, Ludhiana on 26.02.2004 while suffering sentence having been convicted on 04.02.2004 by the Additional Sessions Judge, Ludhiana in case registered vide FIR No. 74 dated 07.04.2000 under Section 15 of the Narcotic Drugs and Psychotropic Substance Act, 1985 at Police Station Jagraon, District Ludhiana. The petitioner has prayed for inquiry into the custodial death of her husband by Sessions Judge, Ludhiana, grant of compensation and fixing liability of the erring jail officials.

(2.) Admittedly, the deceased was in Central Jail, Ludhiana since 13.02.2004 and was declared dead by the Senior Medical Officer, Central Jail, Patiala, when he was referred by the Senior Medical Officer, Central Jail, Ludhiana on 25.02.2004 to Rajindera Hospital, Patiala. Postmortem was conducted on 26.02.2004 at Civil Hospital, Ludhiana in which cause of death could not be determined in the absence of report of Chemical Examiner which was received on 15.04.2004, in which choloro compound group of insecticides was detected in the stomach, large and small intestines, liver, spleen, kidney and sample of blood.

(3.) The petitioner reported the matter to the National Human Rights Commission, New Delhi and the Punjab State Human Rights Commission, Chandigarh. However, as per letter dated. 06.09.2004 (Annexure P-1), proceedings before the Punjab State Human Rights Commission, Chandigarh were dropped in view of the fact that the cognizance was taken on a complaint by the National Human Rights Commission, New Delhi. As the petitioner was unsatisfied, the present writ petition was filed in which notice of motion was issued way back on 31.01.2005.