In a serious case involving allegations of custodial torture, the Punjab & Haryana High Court has intervened by directing the Senior Superintendent of Police (SSP), Mohali, to file a detailed and non-partisan affidavit. The Court has also ordered the Director of PGIMER, Chandigarh to form a Medical Board to examine the alleged victim, Rohani alias Rony, for any bodily injuries.
The petitioner, through legal counsel, submitted that on the evening of April 7, 2025, he was abducted by unidentified officials from outside the Sohana Gurudwara and taken to Police Station Saneta. It is alleged that he was subjected to brutal custodial torture, including electric shocks. Additionally, a nude video of the petitioner was recorded and circulated.
"The present case involves allegations of gross misconduct of the acting officials and... requires a detailed response qua the chain of events... as also qua the alleged custodial torture that the petitioner was allegedly subjected to," — Justice Kirti Singh.
The Court was hearing the plea filed under Article 226 of the Constitution, which not only sought protection of life and liberty but also demanded the quashing of FIR No. 83 dated April 8, 2025. This FIR was registered under Sections 296, 74, 308(2), 351 of the BNS and Section 66 of the IT Act. The petitioner claimed the FIR was falsely filed as part of a premeditated plan.
The petition also highlighted how the initial medical examination on the day of arrest was poorly conducted and failed to record visible injuries. The Trial Court had earlier declined further police remand, noting:
"The medical examination... is silent with regard to any of the injuries... which are visible to the naked eye."
Further, it was submitted that despite court orders dated April 11, the petitioner was not taken for proper medical examination. Instead, he was allegedly taken back to the police station and threatened to refuse medical examination in writing when later taken to the Civil Hospital on April 12.
The petitioner was not given a copy of his arrest memo or FIR, nor informed of the reasons for his arrest, which the counsel argued rendered the detention illegal. Reference was made to Supreme Court rulings in Vihaan Kumar vs. State of Haryana and Prabir Purakayastha vs. State (NCT of Delhi), underscoring the legal protections against such violations.
Justice Kirti Singh directed PGIMER, Chandigarh to constitute a Medical Board to examine the petitioner on April 24, 2025, and submit its findings before the next hearing date. The District Jail Superintendent has been instructed to ensure the petitioner is presented before the Board.
The case is now adjourned to April 29, 2025, pending submission of the SSP's affidavit and the medical board’s report.
“Copy of the order be sent to the concerned quarter for immediate compliance,” the Court emphasized.
Mr. Bharat Bhandari, Advocate, Mr. Vinay Yadav, Advocate,
Mr. Amandeep Singh, Advocate and Mr. Sushil K. Bhardwaj, Advocate for the petitioner
Mr. Davinder Bir Singh, Sr. DAG Punjab
Title: ROHANI ALIAS RONI V/S STATE OF PUNJAB AND OTHERS
