JUDGEMENT
RAJ MOHAN SINGH,J. -
(1.)Petitioner has preferred this writ petition for the issuance of an appropriate writ especially in the nature of mandamus, directing the respondents-State Authorities to get the further investigation conducted in case bearing FIR No.101 dtd. 22/6/2019 under Ss. 302, 120-B, 34 IPC and Sec. 52-A of the Prison Act, Police Station Nabha by Central Bureau of Investigation or any other independent agency.
(2.)The grievance of the petitioner is that the State police has not investigated the conspiracy angle in the case relating to custodial death of the husband of the petitioner. The husband of the petitioner was brutally murdered in judicial custody when he was lodged in New District Jail, Nabha in case bearing FIR No.33 dtd. 7/3/2011, under Ss. 283, 353, 186, 427, 323, 436, 148, 149 IPC and Sec. 3 of the Prevention to Damage to Public Property Act, 1984, Police Station City Moga and other some false FIRs. The husband of the petitioner was brutally tortured by higher police officers under a political motivated conspiracy. The instances of the brutality and conspiracy involving higher police officers were elaborately mentioned by the deceased in a diary note/handbook during his judicial custody in New District Jail, Nabha and the said diary note came into possession of the petitioner after the death of her husband.
(3.)Learned Senior Counsel for the petitioner contended that the husband of the petitioner was falsely involved in number of FIRs including the sacrilege cases, registered at Police Station Bajakhana and Kotkapura, District Faridkot. The husband of the petitioner was arrested in view of his alleged confessional statement. After torture and beatings, he was arrested in FIR No.33 dtd. 7/3/2011 from Palampur and the petitioner came to know about his arrest from media report on 11/6/2018. Earlier to that, Punjab police did not show availability of the husband of the petitioner despite the fact that he was illegally abducted by the Special Investigation Team from Palampur on 7/6/2018. The police misbehaved with the family of the petitioner including the women folk and deceased Mohinder Pal @ Bittu was forced to confess as per wishes of higher police officers, who had some personal grudges against the husband of the petitioner under some political clouts. Learned Senior Counsel further submitted that on 22/6/2019, family members of Mohinder Pal @ Bittu met him in the jail in the morning and took his dirty clothes etc for washing. Later on, they came to know that Mohinder Pal @ Bittu was brutally murdered by the jail inmates namely Maninder Singh and Gursewak Singh under a conspiracy of police officers and politicians etc. FIR No.101 dtd. 22/6/2019 was registered under Ss. 302, 34, 120-B IPC and Sec. 52-A of the Prison Act at Police Station Sadar Nabha against the aforesaid assailants namely Maninder Singh and Gursewak Singh. Later on, body of Mohinder Pal @ Bittu was handed over to his family members for cremation and the same was cremated on 25/6/2019. Dirty clothes of Mohinder Pal @ Bittu were given to his family members on 22/6/2019. A note book/diary note/dying declaration was recovered from the clothes of the deceased and petitioner came to know about the brutality and torture with which her husband was treated in the jail by the police officers including the higher police officers. After receiving the diary note, Arminder Pal immediately sent an application in the context of diary note to the Deputy Commissioner-cum- District Magistrate, Faridkot by specifically naming the higher police officers on 23/6/2019. On 24/6/2019, the Deputy Commissioner-cum-District Magistrate, Faridkot wrote a letter to the Additional Chief Secretary, Department of Home Affairs and Justice, Punjab for taking necessary action. The said letter was also sent to the Principal Secretary to Government of Punjab, Department of Jails, Principal Secretary to Chief Minister, Punjab and Director General of Police, Punjab. Son of the petitioner specifically named the higher police officers in the application against whom the allegations were found in the diary note. As many as 12 names were disclosed against whom allegations were made by late Mohinder Pal @ Bittu in the diary note.
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