C.W.P.No. 19767 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No. 19767 of 2010 Date of decision: 5.4.2011 Court on its own motion ........Petitioner Versus The State of Punjab ........Respondent CORAM:- HON'BLE Mr. JUSTICE RANJAN GOGOI CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. D.S.Patwalia, Advocate, Amicus curiae, for the petitioner Ms. Madhu Dyal, Additional Advocate General, Punjab for the respondent RANJAN GOGOI, CJ. : (Oral) This writ petition has been registered on the basis of a newspaper report published in the issue of Times of India dated 1.11.2010. The said news item described the traumatic experience suffered by one Gurpreet alias Gopi at the hands of one Avtar Singh Assistant Sub Inspector of Police and one Jagir Singh Head Constable who, at the relevant time, were posted at Police Station Bhogpur, District Jalandhar. According to the news item the aforesaid person Gupreet suffered physical assault at the hands of the police personnel mentioned above and his wife who was in an advanced stage of pregnancy suffered a miscarriage on account of the incident. In response to the notice issued by this Court the Superintendent of Police (Detective) Jalandhar Rural and the Deputy C.W.P.No. 19767 of 2010 2 Superintendent of Police Adampur Jalandhar Rural have filed their respective affidavits the details of which have already been noticed in the previous order dated 20.1.2011. Shortly put, from the aforesaid affidavits, it appears that a criminal case has been registered against the aforesaid two police officials and Police Home Guard Harjinder Singh. After completion of investigation, challan under Section 342/323 IPC has been filed before the Judicial Magistrate Ist Class, Jalandhar. We are told by learned Additional Advocate General Punjab that the learned Trial Court has now fixed 10.5.2011 for consideration of charge against the accused persons. We have already observed in our order dated 20.1.2011 that as the matter is pending before a court of competent jurisdiction we would not like to make any observation with regard to the criminal liability of the accused as the same may fetter the jurisdiction of the learned trial court. In the said order we have, however, observed that the learned trial court would be expected to look into all the relevant facts and circumstances of the case before deciding the appropriate Sections of law under which framing of charge is required to be considered. Beyond the above we would not like to say anything further so far as the criminal liability of the accused is concerned. It also appears from the above affidavits that departmental action has been taken against Avtar Singh Assistant Sub Inspector and Jagir Singh Head Constable and penalty of forfeiture of five years of service has been imposed. At this stage we can only proceed on the basis of the said penalty that has been imposed after following the provisions of law applicable in that regard. By our previous order dated 20.1.2011 we had requested the C.W.P.No. 19767 of 2010 3 Chandigrh office of the Times of India to make available to the court the MMS clipping, referred to in the news item, in which the incident in question is recorded. The Chandigarh office of the Times of India has quickly responded to the request of the court and has made available the said clipping which has been viewed by one of us(Ahluwalia J.) and the learned Amicus curiae and the learned Additional Advocate General Punjab, Ms. Madhu Dayal. Both the learned Amicus curiae and the learned Additional Advocate General, Punjab are agreed that the MMS clipping does reveal serious physical assault of the victim Gurpreet. It is in the aforesaid facts that we are now required to determine the adequacy of the penalty imposed on Avtar Singh Assistant Sub Inspector and Jagir Singh, Head Constable, in the departmental proceeding against them and also to consider the question of grant of compensation to the alleged victim. The aforesaid issues are inextricably woven up. Though the MMS clipping may reveal physical assault on the victim by the two police personnel, the extent of damage or harm suffered is not known inasmuch as the victim was not put to any medical examination immediately after the incident. Award of compensation in the domain of public law would require the court to determine the loss or damage suffered by the victim. The consequences of the assault committed on the victim being not before us it would be difficult on our part to award any compensation against the State or the accused for the alleged offence. That apart, grant of any compensation by us may also have the effect on the pending criminal proceeding. At the same time, forfeiture of five years service as ordered by C.W.P.No. 19767 of 2010 4 the disciplinary authority is another aspect of the case that cannot be overlooked by us. Considering the above, we deem it appropriate not to keep this writ petition pending any longer and accordingly dispose of the same. However, it would be open to the victim to move either the Punjab State Human Rights Commission for redressal of his grievances or to the civil court for grant of damages/compensation, if he is so inclined and so advised. With the aforesaid observations and directions this writ petition shall stand disposed of. (RANJAN GOGOI) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE April 5, 2011 RSK NOTE: Whether to be referred to the Reporter or not? _____