Inquiry by DIG Prisons ‘grossly defective’: Punjab to HC

The fresh affidavit was filed by ADGP Prisons, Arun Pal Singh, before the court of Justice N S Shekhawat.

The high court was hearing a petition filed by Harinder Pal Singh, alias Hinda, who has alleged of being beaten up mercilessly by the jail officials and also by some private persons, accompanying the jail officials, on October 31, 2023.

Hinda is serving life imprisonment in a murder case. He is lodged in Central Jail, Hoshiarpur.

In the previous hearing (December 8), Justice Shekhawat had pointed out that “as per the Inquiry Officer, prisoner Hinda was neither beaten up nor he suffered any injury”, but during the court proceedings when the counsel for the petitioner played the footage from his pen drive, the bench observed that “it is apparent that some person was being beaten up by the jail officials inside the jail”.

The bench had then held that “in the prima facie opinion of the court, a false affidavit has been filed before it”. Also, it had summoned the ADGP Prisons (Punjab) and DIG Prisons (Amritsar) to appear before the court in the next hearing on December 14.

Subsequently, the two police officers appeared on December 14 before the high court wherein the ADGP Prisons tendered an unconditional apology for the wrong averments made in the affidavit dated November 30, 2023. The DIG Prisons also tendered an unconditional apology.

In the fresh affidavit submitted on December 21, the ADGP Prisons submitted that Roop Kumar Arora, Inspector General of Prisons, Punjab, was appointed as Inquiry Officer to probe again the matter of alleged beating up of the inmate (Hinda). Roop Kumar Arora’s inquiry found that a minor scuffle had taken place between the inmates (including Hinda) and jail guard, who had asked them to maintain discipline. Later, the jail officials and guard beat up Hinda, and he was forcibly made to apologise to the Jail Superintendent at his office, it was submitted in the affidavit. Also, inmates lodged in other barracks have confirmed that jail guard/officials had beaten up Hinda after dragging him out of his barrack, the fresh affidavit stated.

Hinda had then filed an application before the District and Sessions Judge, Hoshiarpur, to get his medical examination conducted and mark an inquiry against the erring jail officials. The District and Sessions Judge then directed the Superintendent Jail to do the needful who (Superintendent Jail) further ordered Additional Superintendent Jail to conduct an internal inquiry. The Additional Superintendent Jail in his report denied any allegations of physical torture and only established a verbal spat between Hinda and a warder. As per Roop Kumar Arora’s report, there was gross negligence on the part of Superintendent Jail, Hoshiarpur, as he concealed facts and acted irresponsibly while discharging his duty, and the inquiry by Additional Superintendent Jail was also not conducted in a fair manner, stated the fresh affidavit by the ADGP Prisons.

It was also submitted in Roop Kumar Arora’s report that the inquiry conducted by DIG Prisons (Amritsar Circle) was defective and incomplete, and he did not watch the CCTV footage and submitted his inquiry report.

The ADGP Prisons has submitted in the fresh affidavit that he has examined the inquiry report by Roop Kumar Arora which proves that jail officials are found to be guilty.

Further mentioning about the action taken on the recommendation of Roop Kumar Arora’s inquiry report, the fresh affidavit of the ADGP Prisons stated that Joginder Pal Singh, Superintendent, Central Jail, Hoshiarpur, has been placed under suspension and a letter has been written to Secretary, Government of Punjab, Department of Jails, for initiating departmental proceedings against Joginder Pal Singh and Amritpal Singh, Additional Superintendent, Central Jail, Hoshiarpur.

Also, departmental proceedings are being initiated against the delinquent officials, namely Chaman Lal, Assistant Superintendent, Central Jail, Hoshiarpur, and Satnam Singh, Assistant Superintendent, Central Jail, Hoshiarpur, under rule 8 of the Punjab Civil Services (Punishment and Appeal), Rules 1970 by the office of ADGP, the affidavit submitted.

A letter has also been written to DIG Prisons (Amritsar Circle) for initiating departmental proceedings against the delinquent officials, namely Rajinder Kumar, Satnam Singh, Dheeraj Kumar (all three head warders); Rajinder Kumar, Jaswant Singh, Keshav Bawa, and Rajanpreet Singh (all warders), under rule 8 of the Punjab Civil Services (Punishment and Appeal), Rules 1970, it was submitted in the fresh affidavit.

Also, a letter has been written to Senior Superintendent of Police, Hoshiarpur, for registering an FIR against the accused persons who are involved in beating up the inmate (Hinda).

Meanwhile, a show cause notice has been issued to Inderjeet Singh, Assistant District Attorney, for not watching the CCTV footage while drafting the reply, and in view of the safety and security of the inmate (Hinda), he is being shifted from Central Jail, Hoshiarpur, to another jail.