VINEETA GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have prima facie advocated a noble cause. They have knocked the door of this Court in order to relieve the citizens of this country of the alleged atrocities which are invariably committed at the hands of the police which has not even shed its mentality to adopt third degree methods while interrogating the citizens. The purpose of this order is not to restrict the powers of the police or the State to interrogate the suspects or criminals because these powers should always rest with the State and its instrumentalities but the concern of the present petitioners is that all third degree methods which are alien to the society must be stopped forthwith and this is also the concern of this Court. The petitioners have made a prayer in the present petition that all the instruments of torture kept in various police stations, CIA Staff Offices, interrogation centres, police posts etc. of the State of Punjab in the shape of Ghotanas, belts, shikanjas, chains, voltage regulators etc. should be removed forthwith. Though the petitioners have sought the relief qua the State of Punjab, but the relief can equally be made available not only to the State of Punjab but also to the State of Haryana and U.T. Chandigarh.

(2.) THOUGH there is a complete denial on the part of the respondent- authorities that such instruments referred to above are being kept or used in the police stations and other centres where suspects and criminals are taken for interrogation, yet this defence cannot be taken as a gospel truth nor it can be accepted on its face value because day-in and day-out this Court is confronted with the news items appearing in the recognised newspapers about the alleged atrocities which are committed at the hands of the police. Even day before yesterday it was in the news item that the police of Patiala district branded the name of the suspect on his thighs. Even it is known to the law courts that the police of this very district earlier tattooed the words 'Jeb Katri' on the foreheads of few ladies and it became a matter of concern to the law courts which even ordered for a judicial inquiry and ultimately the compensation was awarded to the affected persons.

(3.) IN this view of the matter, I dispose of this petition with directions to the respondents to ensure that no third degree methods should be adopted in the various police stations, CIA Staff offices, police posts or such other places where a suspect or criminal can be detained or taken for the purpose of interrogation. The respondent-State is further directed not to use the instruments such as Ghotana, belts, shikanja, chain, voltage regulator or other such instruments from which help can be taken in order to harass or torture a suspect or an offender. The list which I have given above is not exhaustive. The mode of commission of atrocities is always locked in the heart of the actor. But nevertheless the object of passing this order is to ensure the liberty of an individual. Let the copy of this order be sent to the respondents for strict compliance and the State is further directed that the copy of this order be sent to all the heads of the police departments of the districts. The directions of this Court should also be complied with not only by the State of Punjab but also by the State of Haryana and Union Territory Chandigarh. The office will send the copy of this order to the Director General of Police, Haryana and Inspector General of Police, U.T. Chandigarh so that the wish and orders of this court may be complied with in letter and spirit. The SSP/Incharge of the district shall further dirculate the directions of this Court to all the concerned police stations, CIA Staffs, police posts or such other places which are used by the police for the purpose of interrogation/custody.