Kalka court declares arrest of youth illegal
A Kalka court has declared the arrest of an 18-year-old youth, Parvesh Sharma, illegal after the Panchkula police arrested him, despite a bail order in his favour.
Medical board set up to ascertain alleged custodial violence
Sharma was booked under the Arms Act on June 17 for celebratory firing and was arrested on June 25. He got bail on June 26.
“On July 15, he visited the Pinjore police station at 2.30 pm in pursuance of the direction of the police. The investigation was carried out till 6 pm. However, the accused did not return till 7 pm. No proper response was received from the police,” said advocate Deepanshu Bansal, counsel for Sharma.
On July 16, Sharma was produced before the court of the Sub-Divisional Judicial Magistrate (SDJM), Kalka, Abhimanyu Rajput, at 5.20 pm. The Investigating Officer (IO), Sub-Inspector Yadwinder Singh, was also present in the court.
The police moved an application for re-arrest of the accused as Sections 25(1)(a), 25(1)(b), and 27(2) of the Arms Act had been added. However, public prosecutor Ranvijay Rana refused to forward the police’s application as he was not convinced.
The IO was questioned about when and why the accused was arrested, even before the application for re-arrest was made.
The judge observed, “He (IO) submits that the accused was arrested yesterday when he came to join the investigation in pursuance of a notice. IO is asked whether the order dated June 27 vide which the bail of the accused was allowed by the undersigned had been challenged and set aside by any Hon’ble superior court. He replied in negative.”
The IO’s statement was recorded in court. The Public Prosecutor submitted that he could not defend the IO’s conduct.
Sharma’s lawyer submitted that the accused had been arrested in violation of the bail order.
Sharma told the court that he was physically tortured at the CIA Panchkula building.
The judge observed, “He (the accused) showed soles of his feet, which are dark and appear slightly swollen.”
Though a medical examination by a doctor was filed, the judge said a detailed examination was required to ascertain alleged custodial violence and directed the Chief Medical Officer of the Panchkula Civil Hospital to constitute a medical board comprising three doctors. “After medical examination, the report will be filed by July 18,” the court ordered, adding that, “In given circumstances, arrest of the accused is hereby declared illegal. He be set free forthwith.”
Meanwhile, the accused approached the Haryana Human Rights Commission today. The commission directed the Commissioner of Police, Panchkula, to preserve the CCTV footage of all cameras installed at the Pinjore Police Station and produce it along with the medical record on the next date of hearing.
Haryana Tribune