M.M. Kumar, ACJ. - (1.) A short question of law which arise for determination is whether the husband of the petitioner has been unfairly treated at the hands of the police of the respondent State while in its custody in case FIR No. 50, dated 25.3.2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Khanna, and if so, what would be the amount of compensation payable to her. The petitioner has challenged the order dated 22.7.2005, passed by the Punjab State Human Rights Commission (for brevity, 'the Commission'), rejecting her claim for compensation as a result of death of her husband Nahar Singh in police custody (P -2). A direction has been sought to the respondents to grant her compensation for the negligent act of the police for not providing proper medical care to her husband while he was in police remand.
(2.) BRIEF facts of the case are that on 25.3.2011, the husband of the petitioner, namely, Nahar Singh was arrested by the police in case FIR No. 50, dated 25.3.2001, under Sections 15/61/85 of the NDPS Act, registered at Police Station Sadar, Khanna. On 26.3.2001, Shri Banarsi Dass, ASI -respondent No. 5, who was the then SHO, Police Station Sadar Khanna, filed an application before the Judicial Magistrate seeking 10 days police remand of Nahar Singh. It was stated in the application that 35 Kg. of Poppy husk was recovered from him and since its origin was to be ascertained, therefore, interrogation of the accused was necessary. The Judicial Magistrate 1st Class, Khanna, after perusing the police diary, sent the accused Nahar Singh to police custody till 28.3.2001, vide order dated 26.3.2001 (A -1). On 27.3.2001 at about 10.45 p.m. Nahar Singh was sent to Civil Hospital, Khanna, along with the officials of the Police Station sadar, Khanna, where the concerned doctors had declared him 'brought dead'. On 28.3.2001, the postmortem was conducted and in the postmortem report in the injuries column it has been mentioned that "left lower eyelid is bluish black and slightly swollen". However, in the remarks by the Medical Officer it has been mentioned that "the cause of death in this case could only be ascertained after the receipt of reports of Pathologist Chemical Examiner". In the report of the Chemical Examiner, dated 17.7.2001, no poison was found in the contents of the body which were sent for chemical examination. In the final medical report, dated 5.10.2001, the Board of Doctors have concluded that the exact cause of death in the present case could not be determined. When the case of death of Nahar Singh came into lime light, the Human Rights Commission took cognisance of the matter and directed the Senior Superintendent of Police, Khanna to investigate the matter. The petitioner also filed a complaint before the Commission. It is pertinent to mention here that an inquiry into the matter was also conducted by the Sub Divisional Magistrate, Khanna and concluded as under : - From the statements and the record available on file after thoroughly going through it, the undernoted facts have come forth : - (1) The relatives of deceased Nahar Singh in their statements have leveled allegations against Hav. Pavittar Singh No. 183/Khanna that he had given beatings to Nahar Singh on 25.03.2001 and had given him deep injuries, but Senior Superintendent of Police, Khanna through his letter No. 56049/AC -3 dated 2.11.2001 and letter No. 1551/AC -3 dated 10.1.2002 had disclosed that Hav. Pavittar Singh was on official duty on 25.3.2001 and on that day he did not take any short leave, etc. Besides this, my predecessor SDM Shri S.S. Gill after visiting the village and holding enquiry from respectable persons did not come across any allegations of beating him up or entering into altercation with any one on 25.03.2001. Besides the statements of the relatives of the deceased, no evidence has come on record of the case from which it could be proved that Hav. Pavittar Singh had given beatings to the deceased Nahar Singh. So, holding of Hav. Pavittar Singh guilty for giving beatings to Nahar Singh is not appropriate. (2) ASI Banarsi Dass of Police Station Sadar, Khanna who had effected the arrest at round 4 PM on 25.3.2001 in the case of selling of poppy husk had admitted in his statement that when he had taken Nahar Singh in police custody, Nahar Singh had injuries on his left hand, left elbow, left eye, were swollen and he complained of pain on his left shoulder but inspite of these injuries, after taking Nahar Singh in police custody, ASI Banarsi Dass did not get him medically examined on the same date i.e. 25.3.2001, rather got him examined medically on 26.3.2001 around 4 PM in Civil Hospital Khanna by giving an application to SMO, Khanna. Though ASI Banarsi Dass had submitted in his statement that on asking, Nahar Singh did not disclose that as to who had given him these injuries and by such replies had concealed the real facts. That on the same day, the medical examination of Nahar Singh was essential and in this way, ASI Banarsi Dass by not getting Nahar Singh medically examined in time has shown negligence and by not disclosing the name of the person who had given injuries to Nahar Singh has admitted to conceal the true facts. (3) Though from the post -mortem report, chemical report and histopathological report, the reasons for the death of Nahar Singh have not come to knowledge but a SI Banarsi Dass is at least guilty of the fact that inspite of accused Nahar Singh having injuries, he did not get him medically examined and after taking him in custody, rather than getting him examined on the same day, got him examined after 24 hours on the next day and in this way has shown negligence in his duty and while being responsible police officer has acted irresponsibly. So, in this way, ASI Banarsi Dass of Police Station Sadar, Khanna has been found guilty of being negligent towards his duty.
(3.) FROM a bare perusal of the report of the SDM, Khanna, it is evident that ASI Banarsi Dass -respondent No. 5 has been found guilty of negligence in performing his duty by not getting the medical examination of deceased Nahar Singh conducted within 24 hours of his arrest. However, in the departmental inquiry, which was conducted against Shri Banarsi Dass -respondent No. 5 in pursuance of the directions issued by the Commission, the Enquiry Officer -Superintendent of Police (D), Khanna, has drawn a contrary conclusion and did not find him guilty of the charge. The relevant extract of the Enquiry Report, dated 21.8.2003 (R -1), reads as under : - I had carefully perused the file of police station Sadar Khanna regarding case FIR No. 50, dated 25.3.01, under Sections 15/61/85 N.D.P.S. Act and the report of medical examination conducted upon accused Nahar Singh on 26.3.03 by the Civil Hospital, Khanna in the present case, after the perusal of above, it is found that the above accused was found arrested on 25.3.01 at 8.30 p.m. in the police custody of police station vide point No. 14 of Zimni No. 1. The guilty ASI Banarsi Dass had asked accused Nahar Singh for medical examination, but accused Nahar Singh had refused for his medical examination, regarding which it is recorded at point No. 16 of Zimni No. 1. On 26.3.01, the medical examination of accused was got conducted by Banarsi Dass after submitting a written representation, in which Dr. B.M. Bhatia and Dr. Sudhir Sethi has written regarding the medical examination of the accused being conducted at 3.30 p.m., from which it is proved that A.S.I. Banarsi Dass had got conducted the medical examination of the accused within 24 hours i.e. within 19 hours. On 26.3.01, Zimni No. 2 has been written by A.S.I. Banarsi Dass regarding the medical examination of the accused. Regarding the writ petition No. 539/86 and writ petition No. 592/87 by D.K. Basu, as per the ruling of Hon'ble Supreme Court, it is necessary to got conducted the medical examination of the arrested person within 48 hours, whereas A.S.I. Banarsi Dass has got conducted the medical examination of the accused within 19 hours. Regarding the police custody of the accused Nahar Singh in the case, copy of rapat No. 24, dated 25.3.01, zimni No. 1, dated 25.3.01, Zimni No. 2, dated 26.3.01 and Photostat copies of the ruling passed by Hon'ble Supreme Court are enclosed herewith. During department enquiry and after recording the statements of witnesses of the complaint, I have carefully and minutely perused the facts which come out till now. Thus, from the departmental enquiry conducted uptil now, no solid proof has come on file on the basis of which a charge -sheet could be filed against the guilty because the guilty has got conducted the medical examination of the accused Nahar Singh son of Karnal Singh resident of Gajipur, Police Station Sadar Khanna, within 24 hours at Civil Hospital, Khanna. So, I am declaring A.S.I. Banarsi Dass No. 133/P.R. (now Sub Inspector) innocent in the charges leveled against him in the charge -sheet in this stage too.;