Former Indian Army soldier moves Allahabad High Court alleging brutal torture by UP Police: Court asks state to get instructions

A plea has been moved before the Allahabad High Court by a former soldier of Indian Army, Sardar Resham Singh alleging that he was humiliated and brutally tortured by the Uttar Pradesh Police (Resham Singh v. State of UP). .The plea by Resham Singh sought a fair investigation against erring police officials. ."The brutal attack and torture of an innocent army veteran is an insult to each and every personnel of the Armed Forces who has put his life on the line for the nation. If such is the treatment given to our retired veterans' then what would be the condition of a common man," the petitioner submitted. .A Division Bench of Justices Pritinker Diwaker and Samit Gopal, asked the State counsel to get instructions and posted the case for hearing on July 8. "Shri Upadhyay, prays for and is granted two weeks time to seek instructions. List this case on 8.7.2021 as fresh," the Court directed. .The petitioner, Sardar Resham Singh was travelling along with his mother and two sisters from Pilibhit to Lakhim Pur Kheri on May 3 to offer their last respect to the brother-in-law of Sardar Resham Singh who had passed away on May 2. On the way they were stopped by the police officials who enquired about their purpose of travel. Singh, therefore, started sorting out documents asked by police officials when they "instantaneously started abusing him and his family members," the plea alleged. The policemen then started brutally beating Sardar Resham Singh and his mother and sisters with sticks, fists, the plea contended."Not only did the Police officials beat the victim, but they also abused him and his religious beliefs, to the extent that the victim was humiliated and petrified and persecuted by the officials. The Officials even removed the Turban of the Victim, pulled his hair and threatened to cut the unshorn hair of the Victim." the petition stated.Later, he was taken to the police station where he was locked up tied to a cot. They then started beating Singh with sticks for hours and also "inserted a Danda/Lathi inside his anus/rectum in order to humiliate the victim and teach the lesson of his life," the petition stated. Eventually, he was released from the station. Singh posted a video on social media highlighting the atrocities of the Police officials. When the said video went viral, the police authorities took cognizance and called him to the office and assured him that justice would be done to him.Despite that, no offences were registered under Section 295A of Indian Penal Code though he was humiliated and tortured on the basis of his religion.Further, it was also submitted that no charges under Section 377 were registered."Despite there being clear medical reports, Section 377 IPC was not mentioned in the aforesaid FIR. Because the Petitioner was finding problem even to attend nature's call, the Petitioner consulted another doctor at S.S. Hospital, Pilibhit on 13.05.202 and Endoscopy was done, and it has come on record that there is a swelling and injury in the rectum/anus of the Petitioner," read the plea. .Singh, therefore, sought the following reliefs:a) Issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to conduct fair investigation with respect to the events that transpired on the fateful day of 03.05 .2021;b) Issue a writ order or direction in the nature of Mandamus directing the Respondents to immediately arrest the erring Police Officials and proceed against them departmentally as per Rules,c) Issue a Writ order or direction in the nature of Mandamus directing the respondents to conduct free and fair investigation in the present matter .The Pilibhit Police has responded to the claims of the petitioner along with the status of the probe. The full statement in relation to the probe is given below:Route diversion was done on May 3, 2021 in view of the counting of votes for Panchayat elections, but despite being stopped by the policemen, Resham Singh tried to go via the same route in his alto car. When Rahish Ahmed, who was on barrier duty, stopped the car, he was beaten up by Resham Singh and he tore the uniform of Ram Naresh. In this regard, criminal case number 264/2020 has been registered against Resham Singh and is under investigation. Independent witnesses are also available of Resham Singh slapping police personnel. Police personnel have been accused of assault by Resham Singh. In this regard, investigation is going on from the Crime Branch by registering an indictment number 272/2020. It was alleged by Resham Singh that his turban was removed and throw by the police personnel and his hair was grabbed and beaten. But till date there are no eyewitness and these allegations are baseless. The allegation made by the police personnel of sticking lathi into the rectum of Resham Singh was not found to be true from the medical report. Two sub-inspectors have been suspended for assaulting Resham Singh and both the sub-inspectors have been transferred. Due to negligence in this case and not reporting to the higher officials about the correct situation, the police station in-charge Puranpur has been removed from the charge and transferred. .The petitioner was represented by Senior Advocate Arvind Verma, assisted by Jaspreet Rai and Syed Imran Ibrahim. Additional Government Advocate appeared for the state..[Read Order]