Chandigarh

HIGHCOURT DISPOSES OFF PIL ON IMPLEMENTATION OF DIRECTION OF SUPREME COURT ON PREVENTING TORTURE IN POLICE STATIONS

December 16, 2017 06:20 PM

Chandigarh (Face2News)

Punjab and Haryana Highcourt disposes off PIL pertaining to directions issued by Supreme Court in 2015, for preventing torture in Prisons and Police Stations, and seeking some relief for Ashok Kumar, Bus Conductor of Riyan Public School:

A PIL filed by advocate Hari Chand Arora, seeking enforcement of certain measures for preventing torture in Prisons and Police Stations in the States of Punjab, Haryana and UT Chandigarh administration, came up for consideration today before a Division Bench of Justices Surya Kant and R.S. Attri.

WHAT DIVISION BENCH SAID

The division Bench “disposed off” the PIL, with liberty to the petitioner to file a fresh PIL, on the issue covered by first prayer, i.e., measures for preventing torture in Police Stations and Jails. He has been given further liberty to file separate petition at later stage if required, relating to issues concerning Ashok Kumar.

The petitioner had prayed that directions issued by Supreme Court of India in the case of D.K. Basu (in 2015) for preventing and dealing with cases of torture by authorities/police officials in Prisons and Police Stations , be got implemented in the State of Punjab, Haryana, and UT Chandigarh administration. He had also sought directions to State of Haryana to give adequate compensation to Ashok Kumar, Bus Conductor of Riyan Public School, who confessed having committed murder under coercion and torture by Police, but has been granted bail by Court at Gurugram, after detention of 2 months and 12 days, as CBI, to whom investigation has been transferred, did not require him any more for investigation. The petitioner had also demanded prosecution of police officials guilty for torturing Ashok Kumar.

The division Bench “disposed off” the PIL, with liberty to the petitioner to file a fresh PIL, on the issue covered by first prayer, i.e., measures for preventing torture in Police Stations and Jails. He has been given further liberty to file separate petition at later stage if required, relating to issues concerning Ashok Kumar.

(While disposing the PIL, the Bench orally observed that since Ashok Kumar has not been finally acquitted or discharged from the case, it is premature at this stage to press for second prayer, regarding compensation to him, and prosecution of police officials for arresting him and detaining for more than two months.) 

(It is worth noticing that directions issued by Supreme Court in 2015 judgment , inter-alia, include (i) The State Governments shall take steps to install CCTV cameras in all the prisons in their respective States, within a period of one year from today but not later than two years; (ii) The State Governments shall also consider installation of CCTV cameras in police stations in a phased manner depending upon the incidents of human rights violation reported in such stations; (iii) The State Governments shall consider appointment of non-official visitors to prisons and police stations in terms of the relevant provisions of the Act wherever they exist in the Jail Manuals or the relevant rules and Regulation; (iv) The State Government shall launch in all cases where an enquiry establishes culpability of the persons in whose custofy the victim has suffered death or injury, an appropriate prosecution for the commission of offences disclosed by such enquiry report and/or investigation in accordance with law.)

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