Youth Dies After Alleged Custodial Torture In Punjab: High Court Transfers 2021 Probe To Haryana Police
The Punjab and Haryana High Court has transferred investigation into death of a youth, who passed in 2021 after alleged custodial torture at Budhlada police station in Punjab's Mansa district, to IPS officer Himadri Kaushik, currently posted as DCP in Haryana's Panchkula.
Justice Vinod S. Bhardwaj said, "This Court has noticed the stand of the respondents (State) but it has nowhere explained the presence of 23 injuries on the deceased and all of them below the abdominal area. The injuries are thus on a pattern and not just random injuries in a scuffle or fight. Besides, the DSP has filed his reply on the basis of a report submitted by the SHO against whom allegations have been levelled. The SIT constituted later also does not give any reasonable explanation and seem to be an eye-wash."
While noting that the post mortem report reflected as many as 23 injuries on the person of deceased Manpreet Singh @ Billa which "have not been satisfactorily explained", the Court said that the "matter requires proper investigation."
The Court was hearing a plea to transfer the case registered under Sections 304 IPC and Section 3(v) of SC and ST (Prevention of Atrocities) Act, 1989 to an independent agency.
Petitioners, parents of the deceased, contended that they would be satisfied if the investigation is transferred out of Punjab, to some senior Police official in Haryana.
Considering the same, the Court directed to transfer the probe to DCP Panchkula.
"The entire record of the case shall be transferred by the respondent-State of Punjab within a period of two months from the date of receipt of certified copy of this order whereupon the officer assigned the investigation shall conduct an independent investigation, without being prejudiced by the investigation already conducted by the respondent officials," it ordered.
Mr. Sarthak Gupta, Legal Aid Counsel for the petitioners
Ms. Akshita Chauhan, DAG, Punjab.
Mr. Akashdeep Singh, Special Public Prosecutor, for respondent No.4/CBI.