Disposed

Rajesh Verma v. State of Haryana and Ors.

Punjab & Haryana HC20 May 2013CRM-M/13305/2013

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition alleging custodial torture and rape by police officials, the High Court examined medical reports and affidavits. After dismissing complaints against doctors and accepting police action against officials, the court disposed of the petition leaving the victim to seek further compensation. (Note: Name Rakesh Verma listed as victim in body, Rajesh Verma as petition

What did the court decide?

Petition disposed. Notice to doctors withdrawn, they advised for future care. Action initiated by police against officials accepted; victim directed to seek compensation separately.

Rajesh Verma Vs State of Haryana and Ors. — Writ and Judicial Review | Punjab & Haryana HC (2013)

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Crl. Misc. No. M-13305 of 2013

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-13305 of 2013 Date of decision: 20.05.2013

Rajesh Verma

....Petitioner

Versus

State of Haryana and others

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....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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Present: - Mr. Vikas P. Singh, Advocate, for the petitioner. Mr. Deepak Girotra, AAG, Haryana. Mr. Vikas Kumar, Advocate.

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PARAMJEET SINGH, J.

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The instant petition under Section 482 Cr.P.C. read with Article 226 of the Constitution of India has been filed for medical examination of Rakesh Verma – brother of the petitioner – from PGI, Chandigarh, or any other hospital and for initiating action against erring police officials who have tortured and done carnal intercourse with the brother of the petitioner in the police custody and further to transfer the investigation in case FIR No.74 dated 11.4.2013 under Sections 454/380/436 IPC registered at Police Station Sector 14, Panchkula, to any other independent agency or officer of the higher rank so as to ensure fair investigation in the present case. Various types of allegations have been levelled against the police officials for torturing Rakesh Verma – brother of the petitioner- in custody in case arising out of abovesaid FIR.

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Initially brother of the petitioner was examined at the Civil Hospital, Panchkula, by Dr. Harpreet Singh on 16.4.2013 and thereafter

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Crl. Misc. No. M-13305 of 2013

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by Dr. Mamta Attri on 18.4.2013. Vide order dated 26.4.2013, this Court directed medical examination of Rakesh Verma from the PGI, Chandigarh.

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In pursuance of order dated 26.4.2013, PGI submitted report and found following injuries: -

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“Mark of Indentification:

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1. Scar mark 1 x 0.5 cm present on right side forehead.

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2. Scar mark 4 x 0.5 cm (U shaped manner) over chin

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General External Examination:

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1. Scab separated injury 2.5 cm x 1 cm present over front of Rt. knee

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2. Scab separated injury 1 x 0.5 cm present on the upper inner front of Lt. knee

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3. Scab separated injury 0.5 x 0.5 cm present on the upper outer front of Lt. knee

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Local Examination – Anal examination

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Anal examination was conducted by Dr. T.D. Yadav, who performed anal examination manually as well as using proctoscope. No obvious discomfort noted.

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PR finding: Small 0.5 cm healed tear present at 12 O' clock position. Rectal digital examination as well as proctoscopy showed lax sphincteric tone. Internally grade-I Haemorrhoids present.”

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And thereafter it has been opined as under: -

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“ Opinion

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1. Possibility of such anal findings in a case of repeated sexual / object anal insertion cannot be ruled out.

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2. Injury present on the lower limbs could be caused due to blunt trauma/surface impact around 02 weeks duration.”

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After perusal of the report, show-cause notice was issued to

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both the above-named doctors as well as the comments of the Chief Judicial Magistrate, before whom Rakesh Verma was produced for judicial custody were also called regarding the state of affairs of Rakesh

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Crl. Misc. No. M-13305 of 2013

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Verma at that time.

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The doctors have submitted their affidavits and comments have also been received from the learned Chief Judicial Magistrate, Panchkula. In the comments by the learned Chief Judicial Magistrate it is mentioned that accused – Rakesh Verma was produced before her and he did not bring anything to her notice. The remand proceedings were in accordance with law.

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Dr. Harpreet Singh and Dr. Mamta Attri in their separate affidavits have stated that they medically examined Rakesh Verma on the respective dates personally. At that time he did not bring to their notice any other type of injury and whatever was visible externally and was told by the brother of the petitioner, such injuries were mentioned in the medical examination report. Medical examination of the brother of the petitioner is duly mentioned in the record. It has also been stated in the reply that in the hospital CCTV cameras are installed from where it can be verified that they have examined accused-Rakesh Verma in the hospital. It has been further averred that statement made by the brother of the petitioner and the contents mentioned in the application to the effect that he remained sitting in the police vehicle while these doctors conducted examination, are incorrect and only imaginary.

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An opportunity was given to the doctors to produce the documents, even the direction was issued to the Principal Medical Officer to prepare the CD of the recordings with regard to the medical examination of Rakesh Verma by Dr. Harpreet Singh and Dr. Mamta Attri on 16.4.2013 (1.50 p.m.) and 18.4.2013 (1.35 p.m.), respectively.

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Crl. Misc. No. M-13305 of 2013

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In pursuance of the directions, hospital authorities have submitted a letter from the concerned agency that CCTV camera recordings are automatically erased after 10 to 15 days depending upon the motion before the cameras as such old recordings have been overwritten and are not available.

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Be that as it may, the fact remains that explanation furnished by the doctors is clear to the effect that they had examined the brother of the petitioner – Rakesh Verma – and the same is also clear from the official record and it is also clear that accused did not bring any fact regarding the alleged injuries and the act allegedly committed by the police officials with him to the notice of these doctors. But the fact remains that judicial remand was given on 18.4.2013 and there is possibility that other injuries as alleged might have come after that because the accused remained in custody from 16.4.2013 to 18.4.2013 whereafter he was sent to judicial custody.

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I am satisfied with the explanation furnished by Dr. Harpreet Singh and Dr. Mamta Attri in the affidavits. Accordingly, they are discharged and the notices issued to them are hereby withdrawn. However, they are advised that in future they will ask the questions to the accused personally and will not depend upon the oral statements of the individuals and will make note thereof in the medical examination report. They are advised to be careful in future.

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As regards allegations of custodial torture, initially, affidavit was filed on 8.5.2013 by Assistant Commissioner of Police, H.Q., Panchkula, wherein it is alleged that Superintendent of Central Jail,

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Crl. Misc. No. M-13305 of 2013

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Ambala, has not been impleaded as a party, which was necessary, as the brother of the petitioner remained in judicial custody from 18.4.2013 afterwards. Thereafter, on 14.5.2013 Commissioner of Police, Ambala - Panchkula, filed an affidavit wherein it is stated that on the statement of the victim, case FIR No.103 dated 11.5.2013 under Sections 323/328/377/506/34 IPC has been registered at Police Station Sector 14, Panchkula against accused police officials, namely, Raj Kumar, Assistant Sub Inspector, Surender Singh, Head Constable and two other persons. It is further stated that the matter is being investigated by the Special Investigating Team headed by Sh. Suresh Kaushik, Assistant Commissioner of Police, Naraingarh, District Rural Ambala assisted by Inspector Kanwaljeet Singh and Sub Inspector Narender Singh. Thereafter, appropriate action will be taken by the police authorities.

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Learned counsel for the petitioner, after perusal of the affidavit of the Commissioner of Police and seeking instructions from the petitioner, is satisfied with regard to the action taken. However, he prays that he may be given liberty to initiate action regarding compensation and other lapses on the part of the police.

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It will be open to the victim i.e. Rakesh Verma to take action for damages or in any other manner as he deems fit. He may proceed in accordance with law and seek remedies available to him.

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Disposed of.

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(Paramjeet Singh) Judge

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May 20, 2013 R.S.

Rajesh Verma v. State of Haryana and Ors.

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Rajesh Verma v. State of Haryana and Ors.

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