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| Petition against illegal detention seeking compensation of Rs 5 lakhs | | HC orders detailed enquiry through CJM Doda | | Early Times Reporter
Jammu | Apr 22
Justice Virender Singh of J&K High Court Jammu wing in a habeas corpus petition filed by the son of detenue who was allegedly confined by the SHO P/S Gandoh since June 17, 2006 and was released July 31, 2006 without any official formalities, has ordered detailed enquiry through Chief Judicial Magistrate Doda of entire matter.
The father of the petitioner Sham Lal was allegedly confined by the SHO Gandoh, the petitioner prayed for the compensation to the tune of Rs 5 lakhs for illegal detention and 3rd degree torture upon the father of the petitioner. The petitioner also seeks an enquiry into the wrongful confinement and torture committed to his father. Record reveals that notice was issued to respondents. Adv AM Malik appearing for the petitioner at the very outset submitted that, in fact, respondent No 7 and 8 is the same person as he has been arrayed by name as respondent and as SHO respondent No 7.Pursuant to the notice AAG BS Salathia appearing for the state and Adv M Koul appearing for the Krishan Singh SHO P/S Gandoh and filed objections.
Justice Virender Singh while issuing direction for detailed enquiry observed that record reveals that during the pendency of present petition Adv AM Malik appearing for the petitioner has placed on record certain documents in order to strengthen his case by moving formal applications and all those applications stand disposed off.
After hearing counsel for the parties and going through the record, Justice Virender Singh said that “I have felt the necessity of getting the entire matter enquired in detail by the CJM Doda and accordingly ordered.
In the rejoinder of the case it has been submitted that father of the petitioner was taken into custody on June 17, 2006 by Amar Singh and Pritam Singh, when the father of the petitioner had reached at village Serro. The said respondents tortured the father of the petitioner at STF post Tipri and on June 18, 2006 he was handed over to SHO P/S Gandoh and was detained. Due to the much torture at STF post the father of petitioner remained in illegal confinement at P/S Gandoh W.E.F June 18, 2006 to July 31, 2006. During this period the father of the petitioner was subjected to third degree torture and electric shocks were given to him and attending doctors pointed out multiple burns due to electric shocks and paralysis of upper arm. It has been alleged by the son of the detenue that electric shocks were applied to his feet, head legs and arms and not only this, the father of the petitioner was also beaten and released on July 31, 2006, the petitioner seeking thorough probe and compensation to the tune of Rs 5 lakhs. JNF |
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