In the incident of parading of four murder accused barefoot with tonsured heads in Pinjore market in full public view on June 6, where they were limping, a Kalka court has directed that intimation of custodial torture be intimated to the Sessions Judge, Panchkula.
The Commissioner of Police, Panchkula, has been directed to inquire into the parading of accused barefoot with tonsured heads in a separate inquiry or club it with the custodial torture inquiry which has already been initiated.
The murder of Jitesh Manocha took place on June 5.
On June 6, the police paraded four accused, Manpreet Singh, alias Mani; Rohit Mehta, alias Vicky; Manish Kumar; and Khushdeep Singh, alias Deepi, in the Pinjore market barefoot and with shaved heads.
During a court hearing on June 8, counsel for Rohit Mehta, Deepanshu Bansal, submitted that the accused were subjected to custodial torture and injuries, public parading, forcible shaving of head, compelling to walk barefoot, humiliation, dissemination of photographs and videos by way of a police media trial during the period of police custody from June 6 to June 8 and thereby, the fundamental rights under Articles 14, 21 and 22 of the Constitution of India were violated.
The court had then ordered the establishment of a medical board to examine the accused’s injuries.
The medical board revealed multiple injuries on the accused. In Khushdeep Singh’s case, the medical board revealed injuries including a stitched wound on the knee joint on the right leg, brown to purplish contusion on the left knee joint, bluish contusion on the right knee joint, pain in the left foot, and brownish to purplish contusion on the anteromedial side of the right knee and on the right side of the abdomen.
The MLR of Manish Kumar revealed pain in the back of the neck, left knee joint, and left foot. In Rohit Mehta’s case, there was a brownish to purplish contusion on the anterolateral side of the right knee joint and the left knee joint, and a brownish to purplish contusion on the medial side of the heel of the left foot and also on the side of the right foot.
In the case of Manpreet Singh, there was a brownish-purplish contusion on the front of the right knee joint and left knee joint, a stitched wound below the left knee joint, brownish to purplish abrasion on the anterolateral side of the left heel, and pain and tenderness in both feet.
X-ray examinations of all the accused did not reveal any bone injuries.
During a subsequent hearing on July 1, the court of Sub Divisional Judicial Magistrate (SDJM) Abhimanyu Rajput observed, “The investigating agency is bound to proceed strictly in accordance with law. Custody of the accused is for lawful investigation and production before court. Extra-judicial acts of custodial violence, public humiliation/censure such as forcible shaving and parading, are unauthorized and liable to be condemned.”
The judge added, “In a criminal case, the appropriate way for giving justice to the victim is to promptly apprehend the perpetrators, collect evidence swiftly and carefully, make out a proper case with an intact chain of circumstances, keep the victim informed about the progress, file Final Report in time, which Report is then properly scrutinized by the prosecution, and then the prosecution follows up with the trial ensuring proper and timely recording of evidence.”
The order said, “The practice of subjecting an accused to public condemnation through media exposure, staged photographs, or other such acts amounts to an extra-legal penalty.”
