C.W.P NO.9631 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO.9631 OF 2007 DECIDED ON : 08.05.2009 Court on its own motion ...Petitioner versus State of Punjab and others ...Respondent CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Akshay Bhan, Advocate, for the petitioner. Mr. Ashok Aggarwal, Senior Advocate with Mr. Mukul Aggarwal, Advocate and Mr. Dinesh Goyal, Advocate, for respondent No.2. Mr. G. S. Attariwala, Additional AG, Punjab, for respondents NO.3 to 5. Mr. R. S. Cheema, Senior Advocate with Mr. D. S. Nalwa, Advocate, for respondent No.6. Mr. S. S. Narula, Advocate, for respondent No.7. SURYA KANT, J. (ORAL) These suo-motto proceedings have been initiated by this Court vide order dated July 02, 2007 which reads as follows : “ The Tribune, Hindustan Times and The Indian Express in their articles dated June 15 and 16, 2007, the photostat copies of which are attached as C.W.P NO.9631 OF 2007 -2- annexures A,B and C, it has been stated therein that Jasbir Singh Dimpa, Ex-MLA was tortured by the S.S.P, Gurdaspur, Baba Bakala D.S.P Ram Singh and Beas S.H.O Bikramjit Singh when he was in police custody after he had surrendered before the Sub Divisional Magistrate, Baba Bakala. The police version as reported in the newspapers, was that he attempted to commit suicide and therefore, a case under Section 309 I.P.C was registered against him on the statement of ASI Joga Singh as Jasbir Singh Dimpa had sustained head injuries. D.S.P Baba Bakala Ram Singh who was supervising the investigation, denied that Dimpa was tortured by the police but had in frustration while being questioned, banged his head against the wall and suffered injury on the forehead. As further stated in the news item, his Advocate Rajinder Singh Tapiara alleged that his client was hit with iron rods on his head causing a fracture and a deep wound. The medical report as reported in The Tribune dated 16.06.2007 states that Jasbir Singh Dimpa Ex- MLA sustained 13 injuries on different parts of his body and the nature of wounds proved that he was tortured. Lakhwinder Singh Chahal, Senior Medical C.W.P NO.9631 OF 2007 -3- Officer, Baba Bakala who had examined Dimpa stated to the Press, that the injuries appeared to be with blunt weapons and did not appear to be self-inflicted, injury on the head was not self inflicted. He has further been quoted as being saying that the injuries on the arms, legs, buttocks and head proved that Dimpa was tortured, as so many injuries cannot be caused by hanging one's head against the wall. We take suo motto notice of the news items annexed as A, B and C. Prima facie it seems to be a case of torture in police custody and not that of attempt to commit suicide. If it comes out that it was a case of torture, then the law must take its own course. Notice of motion. Notices be issued to the following so that their version in the form of affidavits is brought before the Court : (1) State of Punjab (2) Lok Nath Angra, S.S.P, Gurdaspur (3) Iqbal Singh, S.S.P, Amritsar (Rural) (4) Ram Singh, D. S.P, Baba Bakala (5) Bikramjit Singh, S.H.O, Beas (6) Jasbir Singh Dimpa, Ex-MLA who shall be served through the J.M.I.C, Baba Bakala”. C.W.P NO.9631 OF 2007 -4- The respondents have filed their counter-affidavits. Respondent NO.6 has also filed his counter-affidavit. Some additional affidavits/documents have also been placed on record. Learned counsel for the parties have been heard at some length and Amicus-Curiae has also assisted this Court. There appears to be no dispute in relation to the following facts : 1) The respondent No.6 has already filed a criminal complaint in the Court of learned Sub Divisional Judicial Magistrate at Baba Bakala, in respect of the same incident of alleged custodial torture in which he is said to have sustained injuries at the hands of the police authorities. It is informed that preliminary evidence has been partly recorded. 2) In the criminal case, alleged to have been falsely registered against respondent No.6 under Section 309 of the Indian Penal Code vide FIR No. 127 dated 14.06.2007, Police Station Beas, District Amritsar, the Investigating Agency has already presented the report dated 06.07.2007 under Section 173 of the Code of Criminal Procedure. It is urged on behalf of respondent No.6 that even if C.W.P NO.9631 OF 2007 -5- he has filed a criminal complaint pertaining to his custodial torture or that the investigation in the FIR registered against him under Section 309 IPC is complete, yet both the incidents need to be investigated by an independent agency like CBI. After giving thoughtful consideration to the rival contentions and keeping in view the fact that both the matters are now pending consideration before the Courts of competent jurisdiction, it is neither expedient nor desirable for this Court to express even a prima-facie view which may unwittingly cause prejudice to one or the other party before the learned Judicial Magistrates and/or the Trial Court. Suffice it to say that the trial Court shall be, if so required in the interest of justice and fair trial, well within its jurisdiction to direct further investigation/re- investigation under Section 173 (8) of the Code of Criminal Procedure in the case registered under Section 309 IPC against respondent No.6. Similarly, respondent no.6, who otherwise does not suffer from any type of disability shall be at liberty to produce the medical/other records and summon witnesses in the criminal complaint filed by him so as to prove his custodial torture. For the reasons afore-stated, I am of the considered view that the stage is now ripe to drop these suo-moto proceedings and dispose of this writ petition with a direction to learned Judicial Magistrate and/or the Court of competent jurisdiction to proceed with the pending matters in accordance C.W.P NO.9631 OF 2007 -6- with law and expedite the disposal thereof. It goes without saying that since the contentions raised on behalf of the parties have not dealt with on merits, they shall be at liberty to raise all their pleas before the Courts concerned. Disposed of. Dasti. MAY 08, 2009 (SURYA KANT) shalini JUDGE