High Court Forms SIT To Probe Alleged Sexual Assault & Custodial Torture By Haryana Railway Police On Student

The Punjab & Haryana High Court has directed the Haryana DGP to constitute a Special Investigating Team (SIT) to probe the alleged sexual assault and custodial torture inflicted by Haryana Railway General Police on a student.

Justice Harpreet Singh Brar observed that, "The skewed power dynamics between the police authorities and the general public has rendered custodial torture a menacingly widespread ailment largely understood as a routine course of investigation and interrogation by the police. The nature of treatment meted out to the victims is of the most gruesome nature as the victim is only at the mercy of the police officer who is not monitored and more often than not encouraged to do as he pleases or deems fit. Unfortunately, custodial torture often consists of sexual assault inflicting sever trauma on the victim that they have to battle for the rest of their lives."

The right to fair investigation and fair trial is not only restricted to the accused. It extends to the victim and the society as well. Nowadays all the attention is given to the accused to ensure fair play and fair investigation resulting in fair trial while little concern is shown to the victim and the society, added the Court.

It further said that the onerous duty to maintain duty to maintain a middle ground to secure the fair and trial and fair investigation to the accused without sacrificing the interest of the victim and the society is cast upon the Courts.

These observation came in response to the plea of a student who was aspiring for a government job, seeking independent investigation of alleged custodial torture. The student was allegedly stopped by the Ticket Inspector on the basis of suspicion at Batinda Railway station. Thereafter an FIR was lodged under Sections 170, 468, 471 IPC at Hisar.

It was alleged that the student was stripped and abused by the General Railway Police (GRP), Jakhal in the lockup and also subjected to third degree torture.

Considering the allegations, the Court noted that it transpires that specific instances of inhuman treatment and sexual abuse are levelled against respondents No. 5 to 11 (GRP Officials) which are not being recorded in the order for the sake of decorum.

The Court in exercise of its inherent power under Section 482 of Code of Criminal Procedure to secure the ends of justice can entrust the investigation to independent agency to rule out any bias, noted the bench.

Adding that it is a settled law that where a constitutional Court is satisfied that accusation is against a person who by virtue of his office could influence the ongoing investigation and cause prejudice to the complainant or the victim, the Court said, "it can invoke its power to transfer the investigation to a different agency, especially when it becomes necessary to provide credibility and instil confidence in the investigation or where such order may be necessary for doing complete justice and enforcing the fundamental rights."

"However diligently and fairly the officers of the General Railway Police may carry out the investigation. the same may lack credibility since the allegations are levelled against the otticials of the same police force," the Court observed.

Justice Brar also noted that the the petitioner has submitted that in spite of informing the doctor during medical examination he was declared fit without being examined at the instance of the police personnels. Even the jail doctor kept giving him medicines for the treatment of piles without conducting any physical examination. However, when the condition started deteriorating and became serious he was referred to hospital.

The Doctor observed that he was subjected to sexual violence and in December 2022 he was released on bail. A perusal of medical reports indicated that an observation as 'a Radio dense structure is seen in Pelvis at Presacal location likely foreign body' was made. Further, report shows that 'a shiny, smooth, hallow, cylindrical metal, foreign body, seen, freely movable in rectum' was found.The above foreign body was removed by performing Colonoscopy on the petitioner, the bench noted.

Furthermore, the Court noted that upon filing a complaint to DSP, GRP, Hisar no action was taken against the respondents and later when the High Court directed to consider the representation of the petitioner, the accused police men were given clean chit without examining the medical evidence  or statement.

Reliance was placed upon Ramesh Kumari vs. State (NCT Delhi) & Ors., [2006 (2) SCC 677], in which the Supreme Court observed, "...We are also of the view that since there is allegation against the police personnel, the interest of justice would be better served if the case is registered and investigated by an independent agency like CBI."

In the light of the above, the Court decided that, "As the allegations are against the officials of General Railway Police which falls under the aegis of the Haryana Police, as such, in the interest of justice Director General of Police, Punjab is directed to constitute a Special Investigating Team headed by an IPS Officer to investigate the veracity of the allegations made by the petitioner in the present case within a week from the date of receipt of certified copy of this order."

Let the Special Investigating Team investigate the matter and file its report without being prejudiced by any observation made by this Court while passing the aforesaid order within three months from the date of its constitution, it further added.

The matter is listed for March 22, for further consideration.

Appearance: Advocates Ashish Rana and  Hardik Ahluwalia for the petitioner

Case Title: X v. State of Haryana