Crl. W.P. No.1895 of 2010 (O&M) -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. W.P. No.1895 of 2010 (O&M) Date of decision: February 9, 2011. Balwinder Kaur ...Appellant(s) v. Balwinder Singh & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Balbir Singh Jaswal, Advocate, for the petitioner. Shri Mehardeep Singh, Deputy Advocate General, Punjab, for the respondents. Kanwaljit Singh Ahluwalia , J. (Oral): Crl. Misc. No.120 of 2011 Allowed, as prayed. Rejoinder is taken on record. Crl. W.P. No.1895 of 2010 In the present writ petition filed under Article 226 of the Constitution of India, the following prayers were made:- a) Warrant Officer be appointed with a direction to visit Cental Jail, Amritsar and to get medically examined the two prisoners, namely, Ramanpreet Singh and Harsharanpreet Singh, both sons of Gurpartap Singh; b) that the hospital authorities be directed to admit and operate upon Ramanpreet Singh, who was forcibly and without the Crl. W.P. No.1895 of 2010 (O&M) -: 2 :- consent of the doctors of the Guru Nanak Dev Hospital, Amritsar, taken away by the respondents; c) that a suitable compensation be awarded to both the prisoners and a case be registered against the police officials. Briefly stated, facts of the case are that Ramanpreet Singh and Harsharanpreet Singh, sons of the petitioner, were convicted and sentenced to undergo life imprisonment in case arising out of FIR No.20 dated 14.1.2003, registered at Police Station Jandiala Guru, District Amritsar under Sections 302, 201, 307, 364, 382, 427 read with Section 34 IPC and 25/27 of the Arms Act. A Criminal Appeal No.552-DB of 2006 preferred by them is pending in this Court. On 24.7.2010, Ramanpreet Singh was released on parole for 28 days and he had to surrender before the jail authorities on 22.8.2010. However, it is stated that on 18.8.2010, Ramanpreet Singh suffered a fracture of his knee and was operated upon in Guru Nanak Hospital and the plaster was applied. It is stated that information to this aspect was given to jail authorities on 21.8.2010. The jail authorities provided guard for security of the prisoner on 24.8.2010. Reply to the writ petition has been filed by way of affidavit of Gursharan Singh Sidhu, Superintendent, Central Jail, Amritsar. It is averred that the prisoner had over-stayed the period of his parole. When an information was received that he was admitted in the hospital, proper care of the prisoner was taken. He remained admitted in the hospital upto 4.9.2010. On 4.9.2010, the Doctor orally told the jail authorities that Ramanpret Singh has recovered and can be taken to the jail. Therefore, he was taken from the hospital to the jail. The respondents further state that subsequently in the jail, the prisoner committed jail offence for which he Crl. W.P. No.1895 of 2010 (O&M) -: 3 :- has been punished and the punishment has been affirmed by the District & Sessions Judge, Amritsar. So far as the prayers at (a) and (b) are concerned, by efflux of time, the same no more survive. As regards the third prayer, the issue involves disputed questions of fact which cannot be gone into by the Writ Court. Counsel for the petitioner, at this stage, states that he be permitted to withdraw the present writ petition with liberty to approach the Punjab State Human Rights Commission and seek compensation as damages for various acts of omission and commission on the part of the delinquent jail officials. Request of the counsel is accepted. This petition is accordingly disposed of with an observation that the petitioner, if so desires, shall be at liberty to approach the appropriate authority for redressal of his grievance in accordance with the provisions of law. [Kanwaljit Singh Ahluwalia] February 9, 2011. Judge kadyan