VEERPAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for issuance of directions to the District & Sessions Judge, Mohali to hold an inquiry regarding an incident, in which nephew of the petitioner namely Amit Malik @ Bhura, when brought from the Central Jail, Patiala to appear before the Illaqa Magistrate, Mohali on 23.11.2017, in FIR No.158 dated 28.04.2017 under Sections 302/34/120-B of the Indian Penal Code (for short 'IPC') and Sections 25/27 of Arms Act, Police Station Zirakpur, District Mohali, was taken away by respondent No.3-SSP, Mohali from the Court premises to CIA Staff, Kharar and was subjected to 3rd degree torture.

(2.) It is also prayed that as an interim measure, Chief Medical Officer, Rajindra Hospital, Patiala be directed to constitute a Medical Board to medically examine Amit Malik @ Bhura to verify the injuries sustained by him and further to direct securing of recording of the CCTV cameras of CIA Staff, Kharar, Central Jail, Patiala and Mohali District Courts dated 23.11.2017. It is further prayed that instead of physically producing the victim before the trial Court, further judicial proceedings be undertaken through video conferencing.

(3.) Learned counsel for the petitioner submit that nephew of the petitioner namely Amit Malik @ Bhura is involved in two FIRs i.e. FIR No.62 dated 04.04.2015 under Sections 307, 343, 186, 465, 467, 468, 471, 473, 474 IPC and Sections 25/54/59 of Arms Act, Police Station Sadar Patiala, District Patiala and aforesaid FIR No.158 dated 28.04.2017. It is further submitted that Amit Malik @ Bhura was detained in Central Jail, Patiala and was regularly appearing before the Court under the protection of Patiala Police. On 23.11.2017, while he was produced before the Illaqa Magistrate at SAS Nagar (Mohali), SSP, Mohali had forcibly taken him to CIA Staff, Kharar and tortured him by adopting 3rd degree method and caused him serious injuries and even his head was shaved.