- (1.) QUESTION for consideration is whether intervention of this Court is called for in the matter of custodial death of one Roor Singh on September 5, 2009 in Police Station, Dhilwan, District Kapurthala in mysterious circumstances.
(2.) THIS Court took suo motu cognizance of a news item appearing in Hindustan times dated 27.11.2009 highlighting that SHO of Police Station was found guilty in a judicial enquiry for custodial death on account of poisoning in Police Station. It was also mentioned that the District Administration was trying to shield the guilty policemen under political pressure. The SHO was earlier placed under suspension but was reinstated. This Court issued notice and also appointed an Amicus Curiae. On 12.1.2010, statement was made by the learned Additional Advocate General, Punjab that investigation which was earlier being conducted by the officer of the rank of SP will be now handed over to an officer of the rank of IGP (Crimes) and concerned SHO will be transferred to a far off district on non public duties so that investigation is objective. Report dated 16.11.2009 was submitted by Shri Jatinderpal Singh, Judicial Magistrate, Ist Class, Kapurthala under Section 174(1A) Crriminal Procedure Code holding that death of the deceased took place when he was in police custody and not in hospital which was the stand taken by the concerned police officers. It was further concluded that death was unnatural. This report led to registration of FIR on 1.12.2009 being FIR No. 61 under Sections 304, 341, 342, 201, 120B IPC Police Station Dhilwan, District Kapurthala, Punjab. However, the report did not identify the role of persons responsible for the death. The report was based on statements of relatives of the deceased and other villagers conversant with the facts. Statements of concerned police officers were also recorded. The IGP (Crime) gave his report dated 2.8.2010. In the said report, ASI Ajit Singh, HC Manjit Singh and HC Gurnam Singh were indicted. Hc Manjit Singh and Hc Gurnam Singh were arrested on 10.10.2010 while SI Gurmukh Singh and ASI Ajit Singh could not be arrested. They have filed anticipatory bails being Criminal Misc. Nos. 25986 and 31456 of 2010 which are being disposed of by a separate order. They have also been placed under suspension. Conclusions in the report of the IGP can be summed up as under: i) The deceased was in illegal custody from 4.9.2009 till his formal arrest on 5.9.2009; ii) Death of Roor Singh was due to organic phosphorous poison while in police custody; iii) On account of illegal arrest of deceased Roor Singh, offence under Section 342 IPC was made out against the police officers/officials. The SHO intentionally concealed the evidence about arrest of Roor Singh on 4.9.2009 from which offence under Section 201 IPC was made out. The police officials tried to give statement and they had no grudge against the deceased. While possibility of some police official having kept insecticides in police station was not ruled out which resulted in death. The deceased had five marriageable daughters and due to this, he may have consumed poison and thus offence under Section 306 IPC was made out. iv) Possibility was not ruled out that some police official kept insecticides in police station which came to the hands of the deceased Roor Singh who may have finished his life. v) There was failure of duty on the part of SI Gurmukh Singh in checking up the accused in the lock up before keeping him in custody as per direction of the Hon'ble Supreme Court in D.K. Basu v. State of West Bengal : AIR 1997 SC 610. There was failure on the part of ASI Ajit Singh to keep watch on every person who met the deceased as per direction in D.K. Basu. There was failure of duty on the part of Head Munshi Hc Manjit Singh to search the accused before sending him in police custody. There was failure of duty on the part of Night Munsi Hc Gurnam Singh to search the accused at the time of taking the charge of the person in the lock up. Accordingly, offences under Sections 342, 306, 201 IPC were made out.
(3.) NOTICE was also issued to the CBI. A sum of Rs. 1 lac was awarded as interim compensation vide order dated 17.3.2010 with the observation that death being in police custody, responsibility of the police was not ruled out.;