T.P.S.MANN,J - (1.) BY way of the present petition, the petitioner has sought payment of adequate compensation for extreme physical third degree torture of Dalip Singh s/o Kartar Singh, leading to fracture of his both hip joints and despite treatment, becoming a handicapped person.
(2.) THE petitioner has stated in the petition that Dalip Singh is his nephew being his sister's son. He is aged 40 years, married and having three minor children. It is alleged that said Dalip Singh went to his in-laws' village situated at a distance of 10/12 kilometers from his own village. He was taken in custody from there by respondent No. 3, during the night intervening 7th and 8th of April, 2004. He was physically tortured and his legs were pulled apart, leading to fracture to his hip joints. The nearest Court was merely at a distance of 10 kilometers from the place of his arrest. He was not disclosed any ground of his arrest. He was interrogated regarding one Constable Kali Dass, about whom he had no knowledge. On account of extreme physical torture committed upon him, he was unable to walk and climb the stairs. It was further alleged that Dalip Singh was produced before the Illaqa Magistrate on 8.4.2004 at 7.40 p.m. at his residence and thereafter remanded to judicial custody on 8.4.2004 at 11.00 p.m. He was not given proper medical treatment. An application was finally moved by Dalip Singh to the Court that he had serious injuries on his person and thus, he be got examined from a Board of Doctors. This application was allowed by Sub Divisional Judicial Magistrate, Ajnala on 17.4.2004 by directing Superintendent, Central Jail, Amritsar to produce Dalip Singh before Civil Surgeon, Amritsar. Despite directions so issued, Dalip Singh was not got medically examined. Another application was then moved, upon which similar order was passed on 23.4.2004. Ultimately, a Medical Board was constituted which after examining him, gave its report dated 17.5.2004, as per which Dalip Singh was having fracture of the left femur. He was admitted in Civil Hospital, Amritsar on 15.5.2004 and discharged on 25.5.2004. Operation was later on conducted on 4.6.2004 under spinal anaesthesia. Cemented Bipolar Moldular Hip Orthoplasty was done with posterior modified Gibbson's app. with 47 mm Head and stranded stem. As per the discharge certificate (Annexure P-6) Dalip Singh was advised as follows :- 1. Flexion and adduction - not allowed of hip. 2. Squatting - not allowed. 3. Toilet only on English type seats. 4. Stairs climbing - not allowed. 5. Walk with walker.
(3.) ON account of the above, a prayer was made that directions be issued to Union of India to grant compensation to the tune of Rs. 10 lacs to Dalip Singh for extreme physical torture, committed upon him leading to permanent disability, mental trauma and loss of earning.;