SUKHWINDER SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner in this petition under Articles 226/227 of the Constitution of India has made the following substantive prayer:

(2.) The case set up by the petitioner is that he is a Member of Zila Parishad, Jalandhar. On 8.12.2005, he had gone to Phagwara along with Mr. Mohinder Singh K.P., Transport Minister, Punjab. The latter had gone there to inspect the new bus stand that was being built. After the Press Conference at Phagwara, the Minister left the premises. The petitioner was in his Safari car and he was about to start his vehicle, when the police officials told him that the D.S.P. wanted to see him. The petitioner came out of his car and waited for the D.S.P. Navjot Singh who came in his Jeep and parked it in front of the Safari car of the petitioner. It is alleged that the D.S.P. got down from his vehicle and started beating the petitioner with a rod. Persons who accompanied the D.S.P. including his gunmen Nasib Singh, Jagbir Singh, Gurmit Singh, Harwinder Singh, Sukhwinder Singh, driver Malkiat Singh and Param Sunil Singh In -charge of Police Post Chaheru also pounced upon the petitioner and started beating him. After the petitioner was beaten severely, he was picked up and thrown in the police vehicle and taken to the Police Station City Phagwara. There he was again beaten up with rods and lathis. Thereafter, he was taken to Civil Hospital, Phagwara where he was made to sign on blank -papers and then left there. He somehow reached Jalandhar and got himself admitted in the Civil Hospital Jalandhar and requested for his medical examination. The Hospital authorities at Jalandhar, however, told the petitioner that he had been beaten up by the police at Phagwara and they, therefore, had no jurisdiction to medically examine him as Phagwara falls in Kapurthala District. The petitioner then went to Phagwara in the morning i.e. on 9.12.2005 and got himself admitted in Civil Hospital, Phagwara. There he was medically examined and in terms of the medico legal report (Annexure -P.1), he received as many as 34 injuries. The matter is also stated to have been reported in the Press. A copy of the newspaper report is annexed as Annexure -P.2. Prior to the said occurrence, the petitioner's uncle (i.e. father's sister's husband) (Fufar) was harassed by Param Sunil Singh In - charge Police Post Chaheru. The uncle of the petitioner was carrying Rs.4.00 Lacs in his vehicle as the same had to be paid by the petitioner for buying a Safari car from Chandigarh. Param Sunil Singh, In -charge, Police Post Chaheru demanded Rs.2.00 Lacs (approx.) from the petitioner's uncle and told him that he could leave if the said amount was paid which was to be shared with the D.S.P., Navjot Singh. The petitioner then approached Mr. Mohinder Singh K.P. and D.I.G., Jalandhar Range to intervene in the matter. In the meanwhile, the uncle of the petitioner was badly beaten up by Param Sunil Singh, In -charge, Police Post, Chaheru. However, due to the intervention of D.I.G., Jalandhar Range and Mr. Mohinder Singh K.P., Cabinet Minister, Punjab, the uncle of the petitioner was let off. It is further submitted that when the petitioner had gone to Phagwara with the Minister on 8.12.2005, he inquired from Param Sunil Singh, In -charge, Police Post, Chaheru about the incident in which his uncle was beaten up and it is because of the said reason that the petitioner was beaten by the policemen for getting his uncle released without paying the amount to the In -charge, Police Post, Chaheru and the D.S.P. Navjot Singh. When the petitioner was being badly beaten up by the police, the Press personnel, it is stated, were also there and they videographed the entire incident. A copy of the C.D. of the video film has been annexed with this petition as Annexure -P.3. It is further stated that the petitioner is being threatened by the D.S.P. that he would be implicated in a false case. The petitioner has also filed a complaint (Annexure -P.4) before the Punjab State Human Rights Commission, Chandigarh. The matter is also stated to have been highlighted by the T.V. Channels. The petitioner has also alleged various kinds of threats being held out to him by the D.S.P. It is after the said incident that the D.S.P. has now been transferred to Jalandhar. Accordingly, a prayer has been made for issuing the directions as indicated above.

(3.) Notice of motion was issued in the case which was accepted by the learned Senior Deputy Advocate General, Punjab.