In the case of the parading of the trader’s murder accused with tonsured heads and injured legs in Pinjore market, a Kalka court on Monday ordered the constitution of a medical board and directed the Commissioner of Police (CP), Panchkula, to take action as per departmental rules.
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. After the incident, Panchkula DCP Srishti Gupta suspended Inspector Bachchu Singh, in-charge of the Pinjore police station, and transferred other personnel posted there.
During the court proceedings on Monday, 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.
Counsel for the state, assisted by the Investigating Officer (IO), submitted that two of the accused persons, namely Khushdeep Singh and Manpreet Singh, tried to run away and escape from police custody, wherein they were nabbed but sustained some injuries. The IO also stated at the bar that some of the accused were involved in other cases also, and there was a possibility that the alleged incident in the present FIR was in pursuance of a gang war. It was also mentioned that Khushdeep Singh alias Deepi is a drug addict. The IO also said that all the accused were legally arrested and on the basis of CCTV footage of the incident of brutally beating the deceased, wherein they were visible.
Judicial Magistrate First Class Ravneet observed that accused Khushdeep and Manpreet alias Mani were limping and had injuries on their right leg. Khushdeep admitted that he was undergoing treatment for drug de-addiction.
The judge, in its order, said, “The accused Manish and Rohit are complaining of swelling and injury on legs and feet and difficulty in walking. Also, it is patently visible to the undersigned that today, all the accused persons are clean-shaven with bald heads, however, on June 6, and they were having heads full of hair.”
It was ordered, “Since the accused are apprehending chances of further violence, the worthy CP Panchkula, ACP Kalka, SP Ambala and IO/SHO are hereby directed to ensure safe transportation of the accused persons to the concerned jail and no excuse of lack of personnel for security purposes would be entertained.”
Regarding custodial violence, the court said, “…CMO (Chief Medical Officer), Civil Hospital, Sector-6, Panchkula, is hereby directed to constitute a medical board of three doctors and also one psychiatrist/psychologist and medico-legally examine all the four accused persons. The medical board is directed to give its opinion as to the duration/age of injury and the nature of injury, if any. In case the medical board is of the opinion that some additional tests or scans are required to be conducted upon the person of the accused, the same shall be conducted upon obtaining permission from the CMO concerned. After medical examination, the report in a sealed cover be filed before the Court by June 10.”
The court asked CP Panchkula to ensure preservation of the CCTV footage of Police Station, Pinjore, CIA/Crime Branch, Chandimandir, from 12 noon of June 5 to 12 noon of June 8.
“The worthy CP Panchkula to also look into the matter for necessary action as per rules at departmental level,” directed the court.
