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Police job aspirant claims ‘torture, sexual abuse’ by Haryana GRP; HC orders Punjab DGP to form SIT for probe

The petitioner was released on bail on December 10 last year.

PN and HR HCThe bench was hearing a petition filed by the student seeking directions to the authorities to get the matter investigated by an independent agency and take appropriate legal action against the GRP officials involved. (File Image)
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The Punjab and Haryana High Court Friday directed the Punjab DGP to constitute a Special Investigating Team (SIT) to probe the alleged “inhuman treatment, sexual abuse” and custodial torture inflicted by Government Railway Police in Haryana on a student who was arrested on suspicion of trying to impersonate a government official merely because he was wearing black trousers and white shirt — as is worn by the travelling ticket examiners.

“The skewed power dynamics between the police authorities and the general public has rendered custodial torture a menacingly widespread ailment largely understood as a routine course of investigation and interrogation by the police. The nature of treatment meted out to the victims is of the most gruesome nature as the victim is only at the mercy of the police officer who is not monitored and more often than not encouraged to do as he pleases or deems fit. Unfortunately, custodial torture often consists of sexual assault inflicting sever trauma on the victim that they have to battle for the rest of their lives,” observed a of Justice Harpreet Singh Brar.

“Let the SIT investigate the matter and file its report within three months from the date of its constitution,” the bench ordered.

The bench was hearing a petition filed by the student seeking directions to the authorities to get the matter investigated by an independent agency and take appropriate legal action against the GRP officials involved.

The petitioner, through his lawyers, informed the bench that on October 10 last year, the petitioner was stopped at the Bathinda railway station by a chief ticket inspector on the basis of suspicion as he was wearing “black trousers and white shirt”. The petitioner submitted that he was on way to appear in the entrance exam for the post of head constable in Delhi Police at an examination Center in Bathinda.

He submitted that was taken to Bathinda GRP post before being taken to the Jakhal GRP post in Haryana. Later, an FIR was registered against him at the Hisar GRP post under Sections 170 (impersonating a public servant), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record) of the IPC.

The petitioner said that he was subjected interrogated by the GRP staff who allegedly stripped and abused him. He was asked to sign on blank papers, which he refused. Thereafter, the GRP staff gave him third degree torture and physically abused him. He further submitted that he was denied proper medical attention and the jail doctor kept him giving medicines for treatment of piles. After his condition turned serious, he was refereed to the Hisar Civil Hospital where the doctor, who examined him, concluded that he was subjected to sexual abuse. Further examination and treatment at various hospitals revealed the presence of a foreign body in his rectum, which was removed by colonoscopy.

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The petitioner was released on bail on December 10 last year.

A complaint was also submitted to DSP, GRP Hisar on December 26, 2022, but no action was taken and the respondent policemen were given a clean chit, the petitioner submitted.

Hearing the matter, Justice Brar held that the treatment meted out to the victim was of “most gruesome nature” as he was at the mercy of police officers.

The bench said that the right to fair investigation and fair trial is not only restricted to the accused and extends to the victim and the society as well. “Nowadays all the attention is given to the accused to ensure fair play and fair investigation resulting in fair trial while little concern is shown to the victim and the society,” the court said.
It further said that the onerous duty to maintain a middle ground to secure the fair and trial and fair investigation to the accused without sacrificing the interest of the victim and the society is cast upon the courts.

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Taking note of the fact that the allegations were against the GRP officials falling under the aegis of the Haryana Police. “As such, the Punjab Director General of Police is directed to constitute a SIT, headed by an IPS officer, to investigate the veracity of the allegations by the petitioner,” the bench said while listing the matter for March 22.

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