ASHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition is filed by the parents and brothers of deceased Sarabjit Singh, who was found hanging in the jail. Sarabjit Singh was resident of Puran Bazar, near Shivalik Mandir, Police Station Sahnewal, District Ludhiana and was admitted in Central Jail, Patiala as an under trial on 17.06.2013 in case FIR No.139 dated 15.06.2013, under Sections 15, 61, 85-B of the NDPS Act, Police Station Rajpura. It is alleged that petitioner no.1 met Sarabjit Singh on 19.02.2014 in jail. He allegedly told his mother that he is being tortured by the jail officers without any reason as they are under the impression that he was also involved in a quarrel which took place in the Jail in January 2014. The petitioners received a phone call at about 11.30 a.m. on 22.02.2014 from the jail authorities informing them that Sarabjit Singh has suffered a heart attack and is no more. The petitioners rushed to the Rajindera Hospital, Patiala at 2.00 p.m., where they found Sarabjit Singh dead. According to the petitioners, they were not allowed to see the dead body of Sarabjit Singh. The petitioners have alleged that his son was put behind 32 Chakkian, as told by Sarabjit Singh, because of the quarrel of the jail inmates with the jail staff, which took place in January, 2014 regarding which an FIR was also got registered by the jail staff in Police Station Tripari. According to the petitioners, the ligature mark was found around the neck of the deceased, which is stated to be the handy work of the jail authorities, therefore, it is alleged that he died in custody at the hands of the jail officials. The petitioners have, thus, made the prayer for the issuance of a direction to respondents no.1 to 5 to inquire into the death of Sarabjit Singh, to register a criminal case against the guilty jail officials, to award adequate compensation and to constitute special investigation team of IPS officers to inquire into the details of torture and killing of deceased Sarabjit Singh.

(2.) In this case, notice of motion was issued on 09.07.2014. Respondents no.1 to 3 & 6 filed their joint reply, in which it was denied that Sarabjit Singh was in 32 Chakkian rather it is alleged that he was in barrack no.4. It is also denied that he was involved in the quarrel, which took place on 06.01.2014 as his name does not figure in the FIR pertaining to that incident. It was admitted that Sarabjit Singh died on 202014, not because of heart attack but he had committed suicide. It is further averred in the reply that the incident was inquired by Ms. Deepika, PCS, Judicial Magistrate 1st Class, Patiala, who had stated in her report that "ligature marks visible on the upper part of his neck going back in upward direction and no other injury or mark was visible on the body". It is further averred that post mortem report clearly mentions that Sarabjit Singh died because of asphyxia which was ante mortem and sufficient to cause death in ordinary course of nature. The report also clearly mentions that there was no scuffle marks on the body of the deceased. The positive case of the respondents is that Sarabjit Singh died due to hanging as he had committed suicide.

(3.) It is averred in the affidavit that in compliance of the order dated 22.09.2016, he constituted the SIT comprising of Inspector General of Police, Zone-I, Patiala as Chairman, Deputy Inspector General of Police, Patiala Range, Patiala and Assistant Inspector General of Police, Crime Zone, Patiala as members. It is also averred that the SIT is enquiring into the matter from all angles and requested for grant of two months more time to complete the enquiry into the matter.