UNION OF INDIA Vs. MOHINDER SINGH

JUDGEMENT

(1.) ONE Mohinder Singh son of S. Kartar Singh filed a petition under Article 226 /227 of the Constitution of India praying for issuance of an appropriate writ, order or direction for an adequate compensation for extreme physical third degree torture to Dalip Singh son of S. Kartar Singh leading to fracture of his both hip joints and despite treatment he having become handicapped person and unable to climb stairs with a life long disability. It is stated in the petition that the wife of Dalip Singh is illiterate and unable to pursue the case and that Mohinder Singh could not obtain the power of attorney on behalf of his sister's son Dalip Singh and was, thus, filing the petition. The facts leading to the filing of the petition have been set out. Dalip Singh is stated to have gone to his in -laws at village Bhullar which was about 10 -12 kms from his own village Chak Pandori when he was taken into custody in the evening from village Bhullar by one officer who described himself as an Intelligence Officer of Narcotics Control Bureau Ravi Kant Pawar impleaded as respondent No. 3. During the night of 07/08.04.2004, Dalip Singh is alleged to have been physically tortured and his legs were pulled apart leading to fracture to his hip joint. The nearest Court is stated to be 10 kms away from the place of arrest. No ground of arrest is alleged to have been disclosed to Dalip Singh. Dalip Singh is alleged to have been interrogated about one Head Constable Kali Dass, but Dalip Singh had no knowledge about him. Dalip Singh was produced before the Magistrate at 7.40 PM on 08.08.2004 till which time he had no idea of any FIR lodged against him. Dalip Singh was sent to judicial custody and though he was in acute pain, no one took adequate care to give him medical aid. Even after medical examination pursuant to the orders of the Magistrate, no treatment is stated to have been given and the first medical report was given only on 17.05.2004 in a guarded language. It is not necessary to go in detail qua the other allegations, but suffice to say that a compensation to the tune of Rs. 10 lacs was claimed on behalf of Dalip Singh as also for a direction to register the FIR against Ravi Kant Pawar.

(2.) IT appears that this petition was converted to one under Section 482 of the Code of Criminal Procedure and was disposed of by a judgment dated 22.08.2006 by the learned Single Judge. This judgment shows the stand of the respondents that Dalip Singh was arrested for being found in possession of 3 kgs of heroin. The learned Single Judge was of the view that the matter in issue was not as to whether Dalip Singh was in possession of narcotics or was a habitual offender operating his gang in the border districts of Punjab, but whether there was custodial torture or third degree measure resulting in Dalip Singh being handicapped. A prima -facie finding has been reached that Dalip Singh became a handicapped person on account of third degree torture. We may, however, notice that other than setting out the averments in the petition and the defence of the respondents there is no other material discussion to arrive at this finding by the learned Single Judge. The learned Single Judge thereafter proceeded to refer to the judgments of the Hon'ble Supreme Court in D.K. Basu Vs. State of West Bengal : AIR 1997 SC 610 qua such issue and State of Madhya Pradesh Vs. Shyamsunder Trivedi and others : 1995 AIR SCW 2793.

(3.) WE are informed that no other suit or claim has been filed for damages.