AFR

(Judgment reserved on 27.07.2021)

(Judgment delivered on 01.10.2021)

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 4288 of 2021

Petitioner :- Resham Singh

Respondent :- State Of Uttar Pradesh And 2 Others

Counsel for Petitioner :- Syed Imran Ibrahim

Counsel for Respondent :- G.A.

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Piyush Agrawal,J.

(Per: Surya Prakash Kesarwani, J.)

1. Heard Sri Arvind Verma, learned Senior Advocate assisted by Sri

Jaspreet Singh Rai, Sri Anurag Bajapayee and Smridhi Sharma, learned counsels

for the petitioner and Sri Raghvendra Singh, learned Advocate General assisted

by Sri Shiv Nath Tilhari, learned A.G.A. for the State – respondents.

2. This writ petition has been filed praying for the following relief:

“a) Issue a writ order or direction in the nature of mandamus directing the respondent

no.2 and 3 to conduct fair investigation with respect to the events that transpired on the

fateful day of 03.05.2021; and

b) Issue a writ order or direction in the nature of Mandamus directing the Respondents

to immediately arrest the erring Police Officials and proceed against them

departmentally as per Rules, and

c) Issue a Writ order or direction in the nature of Mandamus directing the respondents

to conduct free and fair investigation in the present matter and also this Honble Court

may graciously be pleased to monitor the investigation so as to secure the ends of

justice. and/or

d) Pass any such further order(s) as deemed fit and proper in the facts and

circumstances of the case.”

3. Thus, the sole prayer of the petitioner is that a fair investigation be

conducted in the matter of incident dated 03.05.2021 with respect to which the

petitioner has lodged a First Information Report No.0272/2021 dated 08.05.2021

under Sections 147, 323, 342, 504 I.P.C., P.S. Puranpur, District Pilibhit and the

FIR No.0264/2021 dated 03.05.2021, P.S. Puranpur, District Pilibhit lodged by

the police. Initially, the police has registered FIR against the petitioner and his

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family members under Section 147, 149, 188, 269, 332, 353, 427, 504 I.P.C.

but subsequently, as per Para-3(xix) of the supplementary affidavit of Sweta

Kumari Yadav, Circle Officer, Crime Bareilly, dated 16.07.2021 filed on

behalf of Director General of Police, Uttar Pradesh, Lucknow, the names of

the other family members of the petitioner namely Satyendra Singh, Harjindar

Singh, Sukhvindar Singh and Rajendra Kaur relating to FIR No.264/2021

(lodged by the police) have been dropped and Sections 147 and 149, I.P.C.

against the petitioner was also dropped and now the investigation against the

petitioner is continuing for offences only under Section 188, 269, 332, 353,

427, 504 I.P.C.

Facts of the Case:-

4. Briefly stated facts of the present case are that according to the

petitioner on 03.05.2021, the petitioner along with his mother and two sisters

was going from Pilibhit to Lakhim Pur Kheri to pay homage to the departed

soul, namely Karam Jeet Singh (brother-in-law) who expired on 02.05.2021.

In the way, they were stopped by the police officials at around 9 A.M. at Anaj

Mandi, Puranpur, Pilibhit. The police inquired from the victim and family

members as to where they are going and also asked to produce papers of the

car in which they were travelling. The police officials who stopped the vehicle

and made inquiry, were Sub-Inspector Ram Naresh Singh, Sub-Inspector

Raees Ahmad and 5-6 constables. According to the petitioner, in sorting out

papers relating to the vehicle from the dash board of the car, there occurred

some delay which caused annoyance to the policemen who started abusing the

petitioner and his family members and when they resisted, they started beating

the petitioner of which video clip was also taken. After beating the petitioner

and his family members, the police officials forcefully took the petitioner and

his family members to the Kotwali Puranpur without assistance of any lady

police. Thereafter, the policemen disrobed the petitioner and then tied up on a

cot and brutally beaten him for two hours using dandas, fist and leg blows,

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gave him third degree torture and abused him. Sub-Inspector Ram Naresh

Singh along with other police officials, inserted a danda/ lathi inside the

petitioner's anus/ rectum to humiliate him and crush his self-respect and to

scare the petitioner for life. Local people also gathered at the Police Station

and recorded a video of the petitioner’s torturing by the police, but the

aforesaid policemen threatened them and got the videos deleted. To justify

their illegal acts and as a matter of peshbandi, the aforesaid police officials got

registered FIR No.264/2021 dated 03.05.2021 against the petitioner and his

family members but subsequently they dropped the names of family members

and also dropped few sections of I.P.C. against the petitioner. The petitioner

was in severe pain and in a bad condition but under the influence of the

aforesaid police officers and other police officers, the medical examination of

the petitioner was not conducted in the government hospital. The video of

atrocities of the police officials got viral on social media and only thereafter,

the Superintendent of Police, Pilibhit assured that justice would be done. Even

turban of the petitioner was removed by the police officials and other illegal

acts were also done by them. This also annoyed the Sikh community.

Therefore, a representation being letter No.4657/2-6 dated 06.05.2021 was

submitted by Delhi Sikh Gurdwara Management Committee before the

Ministry of Home Affairs, New Delhi about the incident dated 03.05.2021.

Few paragraphs of the aforesaid representation of Delhi Sikh Gurdwara

Management Committee, are reproduced below:

“2. The instant Representation/Criminal Complaint is addressed to you to bring to

notice and to seek an immediate action against / appropriate direction errant

officials of U.P. Police for the grave and inhuman torture of Sardar Resham Singh

(a retired army official), alongwith his mother and two sisters on 03.05.2021 at

Anaj Mandi, PuranPur Kotwali, District Pilibhit, Uttar Pradesh.

3. The entire incident has shaken the very conscience of the society and the

brutality inflicted upon the victims by the Police is beyond imagination. The video

of the torture and injuries inflicted on him are enclosed with this complaint.

4. Sardar Resham Singh (hereinafter referred to as ‘Victim’) who is a resident of

Mathna Jabti, Pilibhit and is retired from the Indian Amy in 2018 after 18 years of

service and is currently re-employed in Pilibhit.

The identity card of Sardar Resham Singh is also enclosed with this complaint.

5. That on 02.05.2021 the Brother in Law of Sardar Resham Singh expired.

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6. That on 03.05.2021 Sardar Resham Singh alongwith his Mother and Two sisters

were on their way from Pilibhit to Lakhim Pur Kheri to offer their last respects to

the departed soul.

7. That at around 9 a.m. they were stopped by the Police at Anaj Mandi, Puranpur,

Pilibhit. The officials enquired as to where they were going and thereafter asked for

the papers of the Alto car in which they were travelling.

8. When Sardar Resham Singh was taking out the papers of the car from the dash

board a Police official started abusing him. The Victim requested them not to use

abusive words since his mother and sisters were with him and that he is a

respectable person who had retired from the Armed Forces.

9. The Police officials got further agitated and said that they will teach you a lesson

of life and thereafter started giving him beating with lathis.

10.Then the Thander of Kotwali, Puranpur- Ram Naresh Singh alongwith other

fellow colleagues also started brutally beating the Victim with Dandas, Fist and

Leg blows. Even the mother and Sisters of Sardar Resham Singh were beaten up.

11.After brutally beating him there, Sardar Resham Singh and his mother and two

sisters were taken to the Kotwali, Puranpur, Thana.

12.Thereafter Sardar Resham Singh was disrobed and then tied up and brutally

beaten at the Kotwali, Puranpur, Thana for two hours with Dandas, Fist and Leg

Blows, other deadly weapons and have given him a third degree torture. He was

also abused with dirty and filthy abuses regarding his mother, sister and his

religion.

His turban was removed, his hair was pulled apart by the officials there

including Ram Naresh Singh and the officials told him that we will cut your hair

and teach you a lesson.

13.Thereafter Ram Naresh Singh alongwith other police officials inserted a

"Danda'/ ‘Lathi’ inside his anus/rectum with an intention to humiliate and harm him

to such an extent that his self respect is crushed and he is scarred for life. They all

rejoiced at this carnal act and did not stop torturing him.

14.That Resham Singh was beaten up brutally. He was told that we will not let you

get out alive today.

15. It is only after his family and few locals intervened and the Police realized that

few locals had made a video as well of them torturing Resham Singh that the Police

officials stopped the torture. The police officials also threatened the localites and

got those videos deleted by threating them of registering false cases against.

16.The Police officials have also registered; a false case against Sardar Resham

Singh, his mother and 2 sisters and also challaned the victim to justify, the wrong

doing despite the victim having all valid documentation being there.

17.Till date Resham Singh is in brutal pain, and even the local government hospital

administration in connivance with other officials have refused to do his medical

examination.

27.That the entire Sikh Community across the nation is also shaken and pained by

the deliberate insult to our religion.

31.That an FIR ought to be registered immediately in present case in terms of the

Judgment of the Hon'ble Supreme Court in the case of Lalita Kumari v. Govt. of

U.P. [W.P.(Crl) No.68/2008] wherein it has been held that registration of First

Information Report is mandatory under Section 154 of the Code of Criminal

Procedure, if the information discloses commission of a cognizable offence.

32.That the concerned officials ought to be immediately arrested under sections

307, 377, 357, 354A, 354B, 295-A, 298, 153-A, 347, 323, 324, 325, 326, 327, 330

read with section 34 & 120B of the India Penal Code.

33.That we therefore urge that the following ought to be done on an immediate and

urgent basis-

i. THAT AN FIR BE REGISTERED AGAINST THE ERRANT OFFICIALS OF

U.P. POLICE FOR ATTEMPT TO MURDER, CUSTODIAL TORTURE,

UNNATURAL OFFENCES AND INSULT TO RELIGION.

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ii. THAT ALL THE ERRANT OFFICIALS BE IMMEDIATELY ARREST AND

DISMISSED FROM SERVICE

iii. THAT HIS MEDICAL EXAMINATION BE CONDUCTED IMMEDIATELY

BY A MEDICAL BOARD

iv. THAT AN INDEPENDENT JUDICIAL INQUIRY UNDER A HIGH COURT

JUDGE, BE SET-UP IMMEDIATELY

v. THAT THE CASE REGISTERED AGAINST RESHAM SINGH AND HIS

MOTHER AND SISTERS BE IMMEDIATELY WITHDRAWN.”

5. Since according to the petitioner, the police is neither fairly

investigating the matter nor has yet registered cases under relevant provisions

of the I.P.C. against the guilty police officers including for the offence of

inserting dandas in anus/ rectum and the only as an eyewash the guilty police

officers have been transferred or suspended who are influencing the

investigation, therefore, the petitioner has filed the present writ petition

praying for a fair investigation and to add appropriate sections of I.P.C. for

offences committed by the police officers. The petitioner wants a fair

investigation in the incident dated 03.05.2021, therefore, he has filed the

present writ petition.

Submission on behalf of the petitioner:-

6. Learned Learned counsel for the petitioner has submitted as under:

“(i) Petitioner was brutally assaulted by the police on 03.05.2021 and a false

first information report was registered by the police against him. Even

higher officers have found that the charges levelled against him were not

true as evident from averments made in paragraph 3(xix) of the affidavit of

Sweta Kumari Yadav, Circle Officer dated 16.07.2021 in which it has been

stated that "during investigation the complicity of accused Satyendra Singh,

Harjinder Singh, Sukhvinder Singh and Rajendra Kaur having not been

found, their names were dropped. Further the Sections 147 & 149 IPC were

also dropped. The investigation against accused Resham Singh continued for

the offences under Section 188/269/332/353/427/504 IPC." The above

averments of the Circle Officer shows that Section 353 IPC was levelled

against the petitioner which is a non cognizable offence. However, in

paragraph 8 of the personal affidavit of Sri Mukul Goel, Director General of

Police, U.P. Lucknow, dated 11.07.2021, it has been stated that "the arrested

persons were taken to the police station Pooranppur and after completing

paper formality and making endorsement in the G.D., the petitioner and 04

other were released on bail by the Station House Officer about two hours, as

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the offences were bailable".

(ii) In paragraph 13 of the aforesaid personal affidavit of the D.G.P., it has

been stated that "Superintendent of Police Pilibhit vide its order dated 08th

May, 2021 directed to Circle Officer, City, Pilibhit to conduct a preliminary

enquiry in respect of negligence in their official duty and placing the

incorrect facts before the higher officers in respect of the incident dated 03rd

May, 2021. It was directed to submit the preliminary enquiry report within

07 days" and yet preliminary inquiry report has not been submitted

inasmuch as the said preliminary inquiry report has not been brought on

record of the present writ petition by the respondents either by means of

their personal affidavit or the counter affidavit.

(iii) In paragraph 16 of the personal affidavit the D.G.P. has stated that

"Medical Examination of petitioner was conducted on 08.05.2021 in

Community Health Center, Pooranpur and thereafter on 10.05.2021 in

District Hospital, Pilibhit.

(iv) In paragraph 5 of the supplementary affidavit dated 20.07.2021 of Sweta

Kumari Yadav, Circle Officer Crime, Bareilly, it has been stated that

"petitioner Resham Singh was medically examined at CHC, Puranpur,

Pilibhit and the injury report reveals as under:

1. Injury No. 1 = Abraded contusion on both gluteal region 5.3 cm

Transverse and 20 cm. Vertical, reddish blackish brown colour.

2. Injury No. 2 = A contusion right posterior lateral thigh 17 cm x 8 cm

oblique in size blackish, brownish in colour. 30 cm. Above right knee.

3. A contusion on left lateral thigh 17 cm x 16 cm oblique in size, blackish

brown in colour. 7 cm. above left knee.

4. A contusion on right side lower back 2.5 x 2.5 cm round in shape,

blackish brown in colour. 5 cm. Above right gluteus.

5. A contusion on left lower orbit 4 cm x 2 cm, lunar in shape, Blackish

brown in colour. 1.5 cm from left side of nose.

6. A contusion right lower orbit 3 cm x 5 cm in size, blackish brown in

colour 1 cm. from right nose.

7. C/o pain on right 4th metacarpal phalynx region.

8. C/o Bleeding per rectum.

Duration : fresh

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Injury No. 1 to 6 simple in nature and injury no. 7 and 8 are not confirmed.

Injury No. 1 to 6 are about 4 days back, injury No. 7 and 8 are not

confirmed.

Injury No. 1 to 6 are hard blunt object and 7 and 8 are not confirmed.

Refer to District Hospital for X-Ray Injury No. 7 and 8."

This shows the grievous injury received by the petitioner and caused by the

accused police officers and yet neither investigation is being fairly done nor

the accused policemen have yet been arrested and simply they have been

transferred to some other places or have been suspended as per details given

in paragraphs 18 & 27 of the personal affidavit of the D.G.P. dated

11.07.2021.

(v) The relief as sought deserves to be granted inasmuch as the accused

policemen have committed heinous crime. The Military Hospital report

dated 18/21.05.2021 also clearly indicates injury in rectum which is being

completely overlooked.

(vi) The accused police officers are still free and no action under criminal

law has been taken against them while on the other hand the petitioner has

been falsely implicated. Therefore, for free and fair investigation, an action

under criminal law against the police officers is the need of the hour as well

a statutory duty of the respondent authorities and failure to perform the

statutory duty requires appropriate action/order to be passed by this court to

preserve the fundamental rights of the petitioner under Article 14 and 21 of

the Constitution of India.

(vii) Petitioner has merely prayed for fair investigation irrespective of the

FIR by police or the petitioners, therefore, such a relief can be granted by

this Court under Article 226 of the Constitution of India.”

Submission on behalf of the State:-

7. Learned Advocate General has submitted as under:

“(i) The petitioner was admitted in Military Hospital on 18.05.2021 where

no endoscopy was done and the report of the Military Hospital does not

indicate any injury to the petitioner in rectum.

(ii) The police has taken action immediately as evident from the details

given in the personal affidavit of the Director General of the Police dated

11.07.2021. Therefore, no relief can be granted to the petitioner.

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(iii) The conduct of the police has always been fair. Therefore, no

interference is required by this Court.

(iv) The conduct of the petitioner is such that he did not even produce

himself for further medical examination even when required by the police.

(v) The fair investigation is going on. SIT has been constituted. Therefore,

no indulgence is required by this Court under Article 226 of the Constitution

of India.

(vi) The petitioner is an accused, hence he is not entitled to relief No.1.

(vii) The writ petition for fair investigation can not be entertained by this

Court as held by Hon'ble Supreme Court in the case of Sakiri Vasu Vs. State

of U.P. and others (2008) 2 SCC 409 (para 28) inasmuch as after

investigation if the petitioner is not satisfied then he may approach the

Magistrate under Section 156 (3) Cr.P.C.

(viii) The petitioner is trying to create pressure upon the investigating

agency. Such a person should not be granted any relief. The FIR has been

lodged by the petitioner to exert pressure on police.”

Discussion and Findings:-

8. We have carefully considered the submissions of the learned counsels

for the parties and perused the record of the writ petition.

9. It is undisputed that an incident occurred on 03.05.2021 in respect of

which the police has registered the First Information Report No.0264/2021

against the petitioner and the petitioner has lodged First Information Report

No.0272/2021 dated 08.05.2021 against the police personnels. From the

records of the writ petition, it appears that although the petitioner was injured,

yet the police had not even brought him to hospital for medical examination of

the injuries received by him on 03.05.2021. It is only after video of the

incident dated 03.05.2021 reflecting atrocities of the police, got viral on social

media and a representation dated 06.05.2021 was submitted by the Delhi Sikh

Gurdwara Management Committee through its President before the Ministry

of Home Affairs, New Delhi, the Superintendent of Police Pilibhit took some

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action.

10. The personal affidavit of Sri Mukul Goel, Director General of

Police, Uttar Pradesh, Lucknow dated 11.07.2021 has been filed in the present

writ petition, which would prima facie reflect that when video of the atrocities

of the accused police officers became viral on social media, and Delhi Sikh

Gurdwara Samiti submitted a representation before the Home Ministry, the

Superintendent of Police suspended the Sub-Inspector Ram Naresh Singh, P.S.

Puranpur, Pilibhit.

11. As per supplementary affidavit of Sweta Kumari Yadav, Circle

Officer-Crime, District Bareilly dated 20.07.2021 filed before this court, the

petitioner Resham Singh was brought to the C.H.C., Puranpur, Pilibhit on

08.05.2021 and was medically examined and the injury report reveals as

under:

“1. Injury No. 1 = Abraded contusion on both gluteal region 5.3 cm

Transverse and 20 cm. Vertical, reddish blackish brown colour.

2. Injury No. 2 = A contusion right posterior lateral thigh 17 cm x 8 cm

oblique in size blackish, brownish in colour. 30 cm. Above right knee.

3. A contusion on left lateral thigh 17 cm x 16 cm oblique in size, blackish

brown in colour. 7 cm. above left knee.

4. A contusion on right side lower back 2.5 x 2.5 cm round in shape,

blackish brown in colour. 5 cm. Above right gluteus.

5. A contusion on left lower orbit 4 cm x 2 cm, lunar in shape, Blackish

brown in colour. 1.5 cm from left side of nose.

6. A contusion right lower orbit 3 cm x 5 cm in size, blackish brown in

colour 1 cm. from right nose.

7. C/o pain on right 4th metacarpal phalynx region.

8. C/o Bleeding per rectum.

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Duration : fresh

Injury No. 1 to 6 simple in nature and injury no. 7 and 8 are not confirmed.

Injury No. 1 to 6 are about 4 days back, injury No. 7 and 8 are not

confirmed.

Injury No. 1 to 6 are hard blunt object and 7 and 8 are not confirmed.

Refer to District Hospital for X-Ray Injury No. 7 and 8.”

12. However, as per supplementary affidavit of the aforesaid Circle

Officer, a supplementary medical report dated 10.05.2021 was obtained which

indicates that the injury Nos.7 and 8 as afore-quoted are simple and duration

and object are not confirmed and the petitioner has complained about pain

only.

13. The Director General of Police has filed a personal affidavit dated

11.07.2021, in Paragraph-27 of which, he has stated the action taken, as under:

“27. That in short, till date the following actions have been taken in respect of the

incident dated 03 May, 2021:-

(i) A preliminary enquiry is being conducted by Sri Virendra Vikram, Circle Officer

City, Pilibhit, which is under progress.

(ii) S.I. Ram Naresh was suspended on 06

th

May, 2021.

(iii) Inspector Sunil Kumar Sharma was attached to Police Line on 08

th

May, 2021.

(iv) S.I. Raees Khan was suspended on 15

th

May, 2021.

(v) Constable 795 Mohit Khokhar was attached to Police Line on 14

th

May, 2021.

(vi) Constable 1610 Rajan Tomar was attached to Police Line on 14

th

May, 2021.

(vii) Constable 1619 Mohit Kumar was attached to Police Line on 12

th

June, 2021.

(viii) Inspector Sunil Kumar Sharma, S.l. Ram Naresh and S.l. Raees Khan have

been transferred to other districts on …………..

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(ix) The departmental proceedings have been initiated against the police persons

allegedly involved in the incident, in accordance with the departmental Rules.

(x) The SIT has been constituted and the investigation is under progress by SIT

Crime Branch, Bareilly under the supervision of Superintendent of Police, Crime,

Bareilly.

(xi) The investigation team is conducting the investigation in a fair manner and has

taken the evidence/video clips on record for its examination in accordance with

law.

(xii) The Medical Board was constituted on the request of the petitioner but he did

not appear before the board for his examination.”

14. Perusal of the facts and circumstances as noted above reveals that

the petitioner has made various allegations against the accused policemen

including the allegations constituting offence under Section 377 and various

other sections of I.P.C. However, it prima facie appears that the investigating

officer is trying to disprove somehow the allegation of offence under Section

377 I.P.C., instead of investigating the matter properly. No action or steps as

permissible under the criminal law has yet been taken against the accused

policemen. This brings us to remind the police authorities their statutory and

constitutional duty for fair investigation which is rule of law.

15. In our order dated 08.07.2021, which has been reproduced by the

respondent No.2 in his personal affidavit filed on 11.07.2021; we have

reproduced paragraphs 5 and 6 of the writ petition as under:

"5. The entire incident which took place on the fateful day of 03.05.2021 has

shaken the conscience of the society and the atrocities and brutality

committed by the erring officials is beyond imagination, which can be seen

from the video as enclosed herein, which shows the torture and injuries

inflicted on the Petitioner and his mother and two sisters were humiliated

and harassed.

6. That the brief facts which led to filing of the present petition is

enumerated herein below:

a) That on 02.05.2021 the brother-in-law of the Victim, namely Late Karam

Jeet Singh expired due to which the Victim along with his mother and two

sisters was going from Pilibhit to Lakhim Pur Kheri on 03.05.2021 to pay

their homage to the departed soul.

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b) That while travelling to Lakhim Pur Kheri, the Victim and his family

were stopped by the Police Officials at around 9 am at Anaj Mandi,

Puranpur, Pilibhit.

c) The Police Officials enquired from the Victim and his family members as

to where they were going and also asked for the papers of the car (Maruti

Suzuki - Alto) in which they were travelling. The Police Officials who were

involved were:

(i) Inspector Ram Naresh Singh;

(ii) Inspector Raees Ahmed;

(iii) 05-06 unknown Police Constables, who can be identified by the Victim

(hereinafter referred to as 'erring Police officers' or 'Police Officers').

d) That when the Victim was trying to do as told, i.e., was taking out the

papers from the dashboard of the car and it took some time to sort out the

papers, as the Victim was having all the requisite papers which were asked

by the Police Officials, the Police Officials out of the blue started abusing

the Victim and his family members, which included his mother and two

sisters. The Victim on hearing the abuses calmly asked the Police Officials

to not abuse them as there were woman as well who were travelling with

him. It was also informed by the Victim that he is a retired member of the

armed forces of India and is also a respectable member of the society.

e) That the Police Officials got infuriated on the same and threatened the

Victim and his family members that they will teach them a lesson for life

and then started abusing him and beating the Victim with lathis.

(f) That Inspector Ram Naresh Singh, who is the Thanedar of Kotwali,

Puranpur, started beating the Victim up along with his fellow colleagues

using fist blows, kicks and lathis. The said Police Officials also started

beating the mother and sisters of the Victim. A video clip showing the Police

Officials beating the Victim is with the petitioner, however as the present

petition is being filed through e-filing mode the video clip cannot be

annexed. The same can be handed over to his Honble Court in a Pen Drive

or CD as per the direction of this Hon'ble Court as and when required.

g) That the Police Officials did not stop at that but after brutally beating up

the Victim and his family members, the erring Police Officials thereafter

forcefully took the Victim and his family members to the Kotwali, Puranpur

- Police Station, without taking the assistance of any woman Police officer,

i.e., to say the mother and two sisters of the Victim were taken to the Police

Station disregarding the well laid down principle recognized by the Honble

Supreme Court of India in several Judgments. A video clip showing the

Police Officials forcefully taking the Victim, her mother and sisters without

assistance of women police constables is with the petitioner, however as the

present petition is being filed through efiling mode the video clip cannot be

annexed. The same can be handed over to his Honble Court in a Pen Drive

or CD as per the direction of this Hon'ble Court as and when required.

h) That after forcefully being taken to the said Police Station, the Victim was

disrobed and then tied up on a cot and brutally beaten up by the said police

officials for two continuous hours using "Dandas", Fist and leg blows and

gave him third degree torture only to satisfy their ego. The Victim was

physically abused, and the Police Officials also used filthy and abusive

language towards the Victim and his family members which was humiliating

for the Victim and his entire family.

i) That the Police Officials did not stop at physical torture of the Victim, but

in order to further humiliate the Victim, they threatened the Victim that they

will cut his unshorn hair in order to teach him a lesson of his life.

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j) That the atrocities committed by the Police Officials crossed all limits

when Inspector Ram Naresh Singh along with the other Police Officials

inserted a 'Danda/Lathi' inside the Victim's anus/rectum with an intention to

humiliate him and crush his self-respect and to scar the Victim for life. The

most disturbing fact about the said incident was the fact that the erring

Police Officials seemed to rejoice and enjoy while doing this carnal act at

the expense of the Victim and continued with their torture.

k) That the erring Police Officials were made to stop their illegal act by the

intervention of family members and few local personnel gathered at the

Police Station. The said local personnel not only intervened but also shot a

video of their torture. The Police Officials on realizing that the locals had

shot the video of their atrocious acts, the said police officials threatened

them and got the videos deleted by threatening to implicate them in false

cases.

l) That the erring Police Officials in order to save their skin registered a

false case against the Victim in order to falsely implicate him and further to

"justify" their illegal acts got a "challan" issued in respect of the car of the

Victim despite the fact that the Victim had all the necessary documents with

him at the said time. A copy of the FIR No. 264 dated 03.05.2021 registered

at PS Puranpur against the Victim is being filed herewith and marked as

Annexure No. 2 to this writ petition.

m) That the Victim till date is living a life of humiliation due to atrocities

committed upon him, as his life flashed before his eyes, while he was being

tortured by those very people who swore to protect his life and to uphold the

law.

n) That the atrocities for the Victim were not over as the Police officials

using their clout even influenced the Government Hospital not to conduct

the medical examination of the Victim.

o) That the atrocities of the Police Officials got viral on social media and

Respondent No. 3 thereafter got active and called the Victim to his office

and assured him that justice would be done to him. Video clip uploaded by

the Victim on social media is with the petitioner, however as the present

petition is being filed through e-filing mode the video clip cannot be

annexed. The same can be handed over to his Honble Court in a Pen Drive

or CD as per the direction of this Honble Court as and when required.

p) That the Respondent No. 3, thereafter, sent the Victim to a doctor for

medical examination on 08.05.2021 but no physical examination was

conducted, and the doctor confessed to the Petitioner that they are under

tremendous pressure due to the accused being Police Officials. That as,

injuries were apparent and even after 5 days of the incident, the Petitioner

was having constant pain and despite that the doctors did not examine him

and he further overheard the doctors discussing that they have to give a

report favouring the Police Officials as otherwise, they have to face the

music. The victim was completely shattered to watch the working of the

doctors and clout of the Respondents was very obvious. The medical

examination though refers to an injury in rectum/anus, but the conclusion

was deliberately done in such a way only to help the erring officials. The

copy of the medical report ascertaining the injury caused to his rectum dated

08.05.2021 is being filed herewith and marked as Annexure No. 3 to this

writ petition.

q) That due to the pressure mounting on the Police to act as per law, the

Respondent No. 3 in order to make an eye wash registered an FIR bearing

14

no. 0272 of 2021 dated 08.05.2021 in all bailable offences and when prima-

facie an offence under section 295A and 377 were deliberately left out. The

Copy of the FIR bearing No. 0272 of 2O2L dated 08.05.2021 registered

with PS Puranpur, Pilibhit is being filed herewith and marked as Annexure

No. 4 to this writ petition.

r) That the Victim was finding lot of difficulty in passing stool and was

having lot of swelling and pain in his rectum. Thereafter, the Victim on

13.05.2021 met a doctor at S.S. Hospital, Pilibhit in order to seek remedy

for his ailment, the doctor got Endoscopy done and it was found that the

Victim suffered serious injuries, which included swelling in the anus /

rectum of the Victim. Copy of the photographs and medical reports of the

Victim dated 13.05.2021 are being filed herewith and marked as Annexure

No. 5 to this writ petition.

s) That it is clear that the Police is influencing the investigation and

investigation is being conducted in a biased manner with the intention to

save the erring Police Officials and the entire investigation was merely an

eyewash as prima-facie case was made out under Sections 295A and 377

IPC against the erring Police Officials which they were trying to botch up in

order to save the erring Police Officials.

t) That the Victim on 18.05.2021 went to the Military Hospital, Bareilly as

after so many days also, the Petitioner was in excruciating pain in his

injuries and thereafter the Victim was admitted on 18.05.2021 and after

treatment of 3 days, he was discharged from the Hospital on 21.05.2021 and

before his discharge, Endoscopy was once again conducted, and it was

found that injuries have subsided after extensive treatment for 3 days. In the

medical examination while treating the Victim, it was found that there were

injuries in his rectum/anus. Copy of medical reports conducted by doctor

Sanjay Sharma at the Military Hospital, Bareilly dated 18.05.2021 is being

filed herewith and marked as Annexure No. 6 to this writ petition.

u) That the Victim approached the investigating officer and handed over the

report dated 13.05.2021 and 18.05.2021 and the investigating officer assured

the Victim that he shall act as per law and till date, Sections 295-A and 377

have not been included in the FIR No. 272 dated 08.05.2021 at Police

Station Puranpur, Pilibhit which clearly shows that the investigation is

biased against the Victim and justice can never be done by local Police who

are working hand in glove with the erring Police Officials.

v) That the erring Police Officials not only insulted, humiliated, threatened

and demeaned the Victim and his mother and sisters, but also the Victim was

humiliated and tortured on the basis of his religion and the Police Officials

have not registered an FIR under Section 295A IPC as clearly wounded the

religious sentiments of the Sikh Community at large.

w)That the turban (pagri) of a Sikh man, is considered a religious syrmbol

and is universally accepted as a symbol of respect. Pulling the unshorn hair

(Kesha) or knocking off or causing to knock off or even touch or pull the

Turban of a Sikh is considered as a religious sacrilege and insulting to the

beliefs held by the Sikh Community. The actions of the Uttar Pradesh Police

personnel, using uncalled for brutal force against an unarmed, innocent

15

Sikh, that too an army veteran, disrespecting and his family members, which

included women, and also disrespecting his religious beliefs has shaken the

conscience of the people associated with not only the Indian army but

general public at large.

x) That the brutality and the atrocities committed by the Uttar Pradesh

Police personnel is in utmost violation of the secular nature of the

constitution of India and in utter disregard of the fundamental rights of the

Victim and his family members. The various acts committed by the erring

officials are violative of the rights guaranteed by Articles 21, 22 and 25 of

the Constitution of India amongst various others. "

16. By our above referred order dated 08.07.2021, we directed the

respondent No.2 to file a counter affidavit by means of his personal affidavit.

The relevant portion of the order dated 08.07.2021 is reproduced below:

“The matter is serious and requires a serious consideration by this Court.

In view of the aforesaid, we direct the respondent no.2 to file a counter

affidavit by means of his personal affidavit. In his counter affidavit he shall

also indicate the action taken in the matter, if any.

We request the learned Advocate General to assist this Court in this matter

on the next date fixed.

Put up as a fresh case at 10:00 a.m. on 12.07.2021 for further

hearing..”

17. The respondent No.2 has filed his personal affidavit on 11.07.2021.

In paragraph-1 of his personal affidavit, the respondent No.2 has stated that

“The deponent has read the contents of the writ petition as well as the order

passed by this Hon’ble Court and understood the same.” Thereafter, in

paragraph-3, he reproduced the prayer clause of the writ petition. In

paragraph-5, he reproduced the order dated 08.07.2021 passed by this court by

which the respondent No.2 was directed to file a counter affidavit by means of

his personal affidavit. Thus, even after having gone through the contents of the

writ petition and the order of this court dated 08.07.2021 directing him to file

a counter affidavit, the respondent No.2 has filed his personal affidavit on

11.07.2021 in which he has not denied any of the averments of the petitioner

16

in the afore-quoted paragraphs of the writ petition. He, however, stated in

paragraphs 31, 32 and 33 of his personal affidavit as under:

“31. That the deponent assures this Hon’ble Court that investigation will be

concluded expeditiously in a fair and transparent manner. The evidence produced

before the investigation team either it is in the form of oral evidence, documentary

evidence or electronic evidence etc. shall be taken on record in accordance with

law and shall be taken into consideration by the investigation team. On the basis of

the collected evidence the proper sections may be added or dropped in accordance

with law.

32. That the deponent is duty bound to maintain the majesty of law, irrespective of

position/status of any person and in case it is found on the basis of the enquiry/

investigation that the officers have been indulged in illegal act, the deponent shall

not allow him to go unpunished. The Rule of law is supreme and the deponent is

duty bound to ensure the strict compliance of law.

33. That in view of the aforesaid facts and circumstances, the present affidavit may

be taken on record by this Hon’ble Court and may pass such, other and further

order, which this Hon’ble Court may deem fit and proper.”

18. It shall not be out of place to mention that when public resentment

started against the illegal and arbitrary acts of the local police, then the

Superintendent of Police, Pilibhit issued an order dated 08.05.2021 to the

Circle Officer, City, Pilibhit acknowledging the police atrocities and directed

for preliminary inquiry, as under:-

“श्री वीरेन्द्र विवक्रम,

tu rsvorJFR27J,

पीलीभीत।

क

ृ.CrRNr2rR.-J2.4JRn6Rma2r:o R

03-05-2021 को भूतपूव" सैविनक श्री

रेशम सिंसह पुत्र गुरूनाम सिंसह विनवासी ग्राम मथना जप्ती, Nr2rRnrvIhrpUrRou RLrN

ybm2bAFRJrn2JuWRTLPRNr2rR.-J2.4JR(RGdCR.4H0LRo'nCkRKrJrRwS,o7Rou RaVJr2

7rcFRJIooJRnrJ.FhRoJ2uR(RBraRn6RNr2uRn6R0roJRa

ुबारा प्रताविड़त करने की घटना में

श्री सुनील क

ुमार शमा"

, प्रभारी विनरीक्षक पूरनपुर द्वारा अपने कर्त्वव"य पालन में लापरवाही

बरते ह

ुCuRj5Crm.)Rm(svoRjmeCrRorRG24.r02R2P;RmoCrR7CrlR

)aI.Jrd)Ry/R“h2rRoIR”4D0rCrR7CrR9(:RyqrsvorxJCkRoIR“h2r

की सही वस्तुस्थिस्थधित से अवगत नहीं कराया गया। इस तरह इस घटना में इनके द्वारा

"(zCoR(Svrm2oRorCM(rPFRoJ2uRou RB8rCRyqrsvorxJCkRoIR07r)rJR[mn)RoJ)u

रहे, जिजसकी वजह से यह प्रकरण सोशल मीधिडया यथा फे सबुक व ट्वीटर पर काफी

वायरल ह

ुआ। फलस्वरूप आमजन मानस में पीलीभीत पुलिलस की काय"शैली के प्रधित रोष

की भावना प्रकट ह

ुई।

अगर यह समय रहते काय"वाही करते, तो आमजन मानस में पुलिलस

की नकारार्त्वमक छविव बनने से रोका जा सकता था।

17

G)TR".oIRm2aUVW)RmoCrR8r)rRPSRmoRy.JI/RL:B:vRn6R".R7P2)r

LuRjrJ’W1oR8r:wRoJRG.2FR"5CrRm2vrMxJ)RG(svR07 ma(LRou RGdaJRjum=)RoJ2r

सुविनधिXत करें।

पत्रांकःएसटी-99/2021(40) ह०अप०

ma2r:oTR08 मई, 2021 8/5/21

.4H0LRGvFto,

पीलीभीत।

प्रधितलिलविपः- jvr2H0m.oR.4H0LRorCrM0C, .F0F1F)RoIR‘LRm2aUWRou RLrNRmo

"jrJ’W1oR8r:wYRWF=MoRRou RGd)7M)R. r(0FRZI0oJRtu rsvorJFR27JRoIR. r(0F

y.0[vRoJrC6R)NrR8r:wR"5CrRjrfRoJRLnCRLuRnuJuRLntRjY)4)RoJ2rRL4m2sX)

करें।”

19. Although as per afore-quoted order dated 08.05.2021, preliminary

inquiry was to be completed by the Circle Officer within 7 days but as per

para-11 of the supplementary affidavit dated 20.07.2021 filed on behalf of the

respondent No.2, the preliminary inquiry is still under progress. This reflects

that even time bound order of preliminary inquiry passed by the

Superintendent of Police, Pilibhit, is not being complied with by the local

police including the Circle Officer.

Fair Investigation - Rule of Law:

20. The criminal justice system mandates that any investigation into the

crime should be fair, in accordance with law and should not be tainted. It is

equally important that interested or influential persons are not able to

misdirect or hijack the investigation, so as to throttle a fair investigation

resulting in the offenders escaping punitive course of law. These are important

facets of the rule of law. Breach of rule of law amounts to negation of equality

under Article 14 of the Constitution of India. Article 21 of the Constitution of

India makes it clear that the procedure in criminal trials must be right, just and

fair and not arbitrary, fanciful or oppressive, vide Menka Gandhi vs. Union of

India

1

(para-7) and Vinubhai Haribhai Malviya and others vs. State of Gujrat

1 AIR 1978 SC 597

18

and another

2

(paras-16 and 17) and Subramanian Swamy vs. C.B.I.

3

(para-86).

Article 21 enshrines and guarantees the precious right of life and personal

liberty to a person which can only be deprived on following the procedure

established by law in a fair trial which assures the safety of the accused. The

assurance of a fair trial is the first imperative of the dispensation of justice,

vide Commissioner of Police, Delhi vs. Registrar, Delhi High Court, New

Delhi

4

(para-16). The ultimate aim of all investigation and inquiry whether by

the police or by the Magistrate is to ensure that those who have actually

committed a crime, are correctly booked and those who have not, are not

arraigned to stand trial. This is the minimal and fundamental requirement of

Article 21 of the Constitution of India. Interpretation of provisions of Cr.P.C.

needs to be made so as to ensure that Article 21 is followed both in letter and

in sprit. A fair trial includes fair investigation as reflected from Articles 20 and

21 of the Constitution of India. If the investigation is neither effective nor

purposeful nor objective nor fair, the courts may if considered necessary, may

order fair investigation, further investigation or reinvestigation as the case

may be to discover the truth so as to prevent miscarriage of justice. However,

no hard and fast rules as such can be prescribed by way of uniform and

universal invocation and decision shall depend upon facts and circumstances

of each case.

21. Fair and proper investigation is the primary duty of the investigating

officer. In every civilized society, the police force is invested with powers of

investigation of a crime to secure punishment for the criminal and it is in the

interest of the society that the investigating agency must act honestly and

fairly and not resort to fabricate false evidence or create false clues only with a

view to secure conviction because such acts shake the confidence of the

common man not only in the investigating agency but in the ultimate analysis

in the system of dispensation of criminal justice. Proper result must be

2 AIR 2019 SC 5233

3 (2014) 8 SCC 682

4 AIR 1997 SC 95

19

obtained by recourse to proper means, otherwise it would be an invitation to

anarchy, vide Rampal Pithwa Rahidas vs. State of Maharastra

5

(para-37).

Investigation must be fair and effective and must proceed in the right direction

in consonance with the ingredients of the offence and not in a haphazard

manner moreso in serious case. Proper and fair investigation on the part of the

investigating officer is the backbone of rule of law vide Sasi Thomas vs. State

6

(para-15 and 18).

I nvestigation under the Cr.P.C.:-

22. No investigating agency can take unduly long time in completing

investigation. There is implicit right under Article 21 for speedy trial which in

turn encompasses speedy investigation, inquiry, appeal, revision and retrial.

There is clear need for time line in completing investigation for having in-

house oversight mechanism wherein accountability for adhering to lay down

timeline, can be fixed at different levels in the hierarchy, vide Dilawar vs.

State of Haryana

7

(paras-4 to 8), Menka Gandhi (supra), Hussainara Khatoon

(I) vs. State of Bihar

8

, Abdul Rehman Antulay vs. R.S. Nayak

9

and P.

Ramchandra Rao vs. State of Karnatka

10

.

23. For the purposes of investigation, offences are divided into two

categories “cognizable” and “non-cognizable”. When information of a

cognizable offence is received or such commission is suspected, the proper

police officer has the authority to enter in the investigation of the same but

where the information relates to a non-cognizable offence, he shall not

investigate it without the order of the competent Magistrate. Investigation

consists of steps, namely (i) proceeding to spot, (ii) ascertainment of the facts

and circumstances of the case, (iii) discovery and arrest of the suspected

5 1994 Suppl. (2) SCC 73

6 (2006) 12 SCC 421

7 (2018) 16 SCC 521

8 (1980) 1 SCC 81

9 (1992) 1 SCC 225

10 (2002) 4 SCC 578

20

offender, (iv) collection of evidence relating to the commission of the offence

and (v) formation of opinion as to whether on the material collected therein to

place the accused before a Magistrate for trial and if so to take necessary steps

for the same by filing a chargesheet under Section 173, Cr.P.C., vide H.N.

Rishbud vs. State of Delhi

11

.

24. An ordinary citizen or a common man is hardly equipped to match

the might of the State or its instrumentalities. The servants of the government

are also the servants of the people and the use of their power must always be

subordinate to their duty of service. A public functionary if he acts maliciously

or oppressively and the exercise of power results in harassment and agony

then it is not an exercise of power but its abuse. No law provides protection

against it. He who is responsible for it must suffer it. But when it arises due to

arbitrary or capricious behaviour then it loses its individual character and

assumes social significance. Harassment of a common man by public

authorities is socially abhorring and legally impermissible. It may harm him

personally but the injury to society is far more grievous. Nothing is more

damaging than the feeling of helplessness. An ordinary citizen instead of

complaining and fighting succumbs to the pressure of undesirable functioning

in offices instead of standing against it.

25. In a modern society no authority can arrogate to itself the power to

act in a manner which is arbitrary. It is unfortunate that matters which require

immediate attention linger on and the man in the street is made to run from

one end to other with no result. Even in ordinary matters a common man who

has neither the political backing nor the financial strength to match the

inaction in public oriented departments gets frustrated which erodes the

credibility in the system.

26. All the facts noted in paragraphs above and the discussion made

11 AIR 1955 SC 196

21

above, prima facie reveals that some action was taken against the accused

policemen on administrative side. The preliminary inquiry report directed by

the Superintendent of Police has not yet been submitted even after three

months. This, prima facie, indicates casual, illegal and arbitrary approach of

the respondents for the reasons best known to them.

27. For all the reasons aforestated, the writ petition is allowed with

directions to the respondent Nos.1, 2 and 3, as under:-

(i) to ensure fair investigation in the matter of the above noted both the

first information reports, namely FIR No.0264/2021 dated 03.05.2021,

P.S. Puranpur, District Pilibhit and FIR No.0272/2021 dated 08.05.2021,

P.S. Puranpur, District Pilibhit,

(ii) take immediate action in accordance with law against the accused

policemen, and

(iii) conclude the investigation and departmental proceeding

expeditiously, preferably within three months.

28. The writ petition is allowed to the extent indicated above, with

costs.

Order Date :- 01.10.2021

NLY