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not available v. not available - CWP-19342-2006 [2007] RD-P&H 185 (10 January 2007)

C.W.P.No. 19342 of 2006

Present: Mr. Sanjeev Sharma, Addl. A.G.,Punjab.


We are not satisfied with the affidavit filed by D.S.P., Rural, Sub division, Batala. The nature of investigation carried out, is not discernible from the affidavit. The affidavit, states that no visible swelling, abrasion or contusions were seen at the time of medical examination and the detenue were not physically tortured. However, the medical report belies this averment in the affidavit. The particulars of the injuries as also the symptoms are recorded as follows:- (i) pain on the inner side of upper part of both thighs and over the scrim; (ii) no visible swelling present at the time of examination; (iii) in the column 'name of the injuries' simple in nature and (iv) probable duration of injuries within 12 hours; (v) the kind of weapon used blunt.

A reading of the affidavit, discloses that a discrete enquiry, revealed that the officials detained and confined Victor Masih and Mannual Masih for an inappropriate time and by an inappropriate method. A co-joint reading of this affidavit and the medical report, enable us to discern the brutality, force and torture used against these persons.

A detailed comprehensive affidavit be filed by the D.S.P., who shall remain present in the Court on the next date of hearing, to consider awarding suitable compensation to the victims. The State of Punjab will also file a detailed affidavit as to the action the State, proposes to take to prevent such brutality, by people in Khakhi uniform, in violation of all norms of human dignity and in gross violation of human rights of citizens. The same be filed within four weeks.

A copy of the order be given Dasti.

Adjourned to 20.02.2007.



January 16, 2007 (RAJIVE BHALLA)



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