Introduction:  

In the case of Harinder Pal Singh @ Hinda v. State of Punjab & Anr. , the Punjab & Haryana High Court took a grave stance, summoning the Additional Director General of Police (ADGP), Prisons, Punjab, and the Deputy Inspector General of Prisons. This move follows the court’s prima facie observation that a false affidavit was filed, denying an inmate’s beating despite compelling CCTV footage evidence. The inmate, Harinder Pal Singh, serving a life sentence, alleges severe physical and mental torture by jail officials. The court not only sought a reply to the affidavit but also ordered the preservation of all CCTV footage.

Arguments of Both Sides:  

The petitioner, represented by Advocates Amit Agnihotri, Mani Makkar, and Abhishek Jindal, pressed for a judicial inquiry into the alleged brutal treatment of Harinder Pal Singh in Central Jail, Hoshiarpur. The plea emphasized the urgency of medical examination and protection for the inmate, who claimed to be in solitary confinement without food and water. The petitioner’s counsel played crucial CCTV footage during the proceedings, contradicting the ADGP’s affidavit, which stated that Singh “was neither beaten nor suffered any injury.”

On the state’s side, Mohit Chaudhary, Additional Advocate General of Punjab, represented the government. The state’s position, as reflected in the ADGP’s affidavit, asserted that only jail employees were visible in the CCTV footage, and Singh was not seen around the time of the alleged incident. The state officials maintained that, according to the Enquiry Officer, Singh had not faced any mistreatment or injury.

Court’s Judgement:  

Justice N.S Shekhawat, upon reviewing the CCTV footage presented by the petitioner’s counsel, concluded that it was evident someone was being beaten by jail officials. The court expressed its prima facie opinion that a false affidavit had been filed, challenging the credibility of the ADGP’s statement. In response, the court summoned the ADGP (Prisons), Punjab, and the DIG of Prisons, Amritsar, to appear in court on the next hearing date, scheduled for December 14.

The court also directed the District and Sessions Judge, Hoshiarpur, to submit a comprehensive report regarding the petitioner’s application filed two days after the alleged incident. This move underscores the court’s commitment to thoroughly examine the matter and consider all relevant evidence before reaching a final conclusion.