'Assault' On Jail Inmate | 'DIG Prison Didn't Conduct Fair Enquiry', ADGP To P&H HC On Denying Incident By Filing 'False Affidavit'

After Punjab & Haryana High Court rapped prison authorities for filing a "prima facie" false affidavit before the Court, wherein it stated that an inmate "was neither beaten nor he suffered any injury" the ADGP (Prison) has recently submitted that the enquiry conducted by DIG prison was "not conducted in a fair and proper manner."

In last proceeding, Justice N.S Shekhawat had noted that during the proceeding when the CCTV footage was played by the counsel for the inmate, "it is apparent that some person was being beaten up by the jail officials inside the jail."

Thus, in the prima facie opinion of the Court, a false affidavit denying any such incident, had been filed and the Court had summoned the ADGP (Prison) as well as the Deputy Inspector General of Prisons

In an affidavit filed by ADGP (Prison) it was submitted that Sukhminder Singh Mann, IPS, DIG Prison (Amritsar Circle), did not conduct the enquiry in a fair and proper manner. "The enquiry was grossly defective."

It was further submitted that a de novo enquiry was ordered and Roop Kumar Arora, Inspector General of Prisons, Punjab was appointed as Enquiry Officer to enquire into the matter and bring out correct facts of the incident.

In de novo enquiry it was found that jail officials and guard namely, Assistant Superintendent Chaman Lal, Warden Keshav Bawa, Warden Rajanpreet Singh, Chakkar Head Warden Rajnder Kumar, Warden Rajinder Kumar, Warden Bagga Bhagat and other jail employees who could not be identified by the convict Harinder Pal Singh (and other inmates) started beating him.

While beating him, the jail guard/officials dragged the convict Harinder Pal Singh @ Hinda outside the barrack and took him to the office of Superintendent, it added.

It was further submitted that the enquiry conducted by DIG on alleged violence  is "defective and incomplete" as all the facts were not examined by the enquiry officer.  The enquiry officer also recommended Strict disciplinary action against Joginder Pal Singh, Superintendent, Central Jail, Hoshiarpur as "he was aware of the incident, concealed material facts and acted irresponsibly."

Departmental action is recommended against  Amritpal Singh, Add. Superintendent "for not conducting the internal enquiry in a fair and proper manner". Disciplinary action are also recommended against identified erring officials who were seen in cctv footage.

Background

The Court was hearing the plea seeking judicial enquiry into alleged mental and physical torture against the prisoner by Central Jail, Hoshiarpur, Punjab. Urgent medical examination and protection of the inmate was also sought.

It is alleged that Harinder Pal Singh, currently serving a life sentence in a murder case, was beaten mercilessly by jail officials and a private individual in civilian clothing. Singh is currently in solitary confinement without food and water, the plea added.

Considering the allegations, the Court sought a reply to an affidavit by the ADGP (Prisons) and it further directed to preserve all the CCTV footage.

In pursuance of the directions, the affidavit was filed by the ADGP (Prisons), Punjab wherein it was stated, "It has been further stated in the affidavit that only jail employees can be seen in the footage of CCTV cameras around 11:59 A.M., however, the prisoner Harinder Pal Singh was not seen in the footage of CCTV camera. It has been further stated that as per the Enquiry Officer, prisoner Harinder Pal Singh was neither beaten nor he suffered any injury," the Court noted.

However, the counsel for the petitioner submitted that an application was filed two days after the alleged incident before the District and Sessions Judge, Hoshiarpur seeking action against the jail officials.

The Court further noted that when the counsel for the petitioner played the footage from his pen drive and the footage, "it is apparent that some person was being beaten up by the jail officials inside the jail."

In the light of the above, the Court said that, "in the prima facie opinion of the Court, a false affidavit has been filed before this Court. Additional Director General of Police, Prisons, Punjab, Chandigarh as well as Deputy Inspector General of Prisons, Amritsar are directed to remain present in the Court on the next date of hearing."

Case Title: Harinder Pal Singh @ Hinda v. State of Punjab & Anr.

Advocates Amit Agnihotri, Mani Makkar and Abhishek Jindal appeared for the petitioner.

Mohit Chaudhary, AAG, Punjab for the state.