SHIV DEV SINGH Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) SHRI Shivdev Singh son of Sunder Singh resident of village Bhaini Banger, District Gurdaspur earlier filed a writ petition in this court under Article 226 of the Constitution of India, seeking directions of this court to release Kashmir Singh, his son, who according to the petitioner was in the illegal custody of the respondents S.S.P. Batala and Gian Singh, S.H.O. Police Station, Qadian, District Gurdaspur. It was further prayed by the petitioner that an independent enquiry be instituted into the illegal detention of Kashmir Singh and his torture by third degree methods by the police because of which the hip joints of his son had been fractured. The petitioner also prayed for awarding of the compensation.

(2.) THIS petition came up for hearing before Hon'ble Mr. Justice P.K. Jain on 17.1.1997. His Lordship directed Sessions Judge, Gurdaspur to hold fact finding enquiry into the following matters :-

(3.) IN these circumstances, the anxiety of this Court arises to find out whether a person with the above type of injuries as noticed by the Doctor on 28.12.1995 would become normal in one day as opined by the Board of Doctors who gave the opinion to the following effect :-