Allahabad High Court reserves judgment on plea by former Indian Army soldier alleging torture by Uttar Pradesh Police

The Allahabad High Court on Tuesday reserved its judgement on a plea moved by a former Indian Army soldier, Sardar Resham Singh alleging brutal torture by Uttar Pradesh Police..A Division bench of Justices Surya Prakash Kesarwani and Piyush Agrawal reserved the judgement after hearing both the parties. .The plea by Singh alleged that he was humiliated and brutally tortured by the Uttar Pradesh Police.As per the petition, he 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," Singh's plea said..Advocate General (AG), appearing on behalf of the State government, told the Court on Tuesday that a fair investigation into the incident is underway. "Even the officers have been either transferred or suspended," the AG added..The counsel for petitioner, submitted that the military report is very important, because it was at the military hospital that the endoscopy was conducted revealing his serious condition. .In this regard, it was submitted that no action was taken by the authorities till a complaint was given to the Chief Minister's office by Gurudwara committee. "I never want to bring the religious angle here, but he was humiliated and our petition also points out that he was threatened to pull/cut off his hair. Action was taken after the Gurudwara committee wrote about it to the Chief Minister," the petitioner's counsel said..It was further submitted that the police officers committed a henious crime and the report of the military hospital was completely over-looked. "No action under criminal law against these Police officers, and on the hand, the Petitioner (ex-Army man) has been falsely implicated," argued the petitioner.Hence, it was prayed that an action under criminal law is the need of the hour to preserve the fundamental rights of the petitioner under Articles 14 and 21 of the Constitution..To the contrary, the AG argued that the military report is not sustainable and no endoscopy was done there and the document only says that it is a case summary. "Endoscopy was not done at the military hospital," he submitted. .In this light, it was submitted that "If he was having injury, then why he did not get himself examined after he was released from the Police Station".During the previous hearing, the Court had taken a dim view of State's response on the allegations made by Singh."We are constrained to observe that State Government is continuously showing inaction against the prima facie shameful act of the local policeman. Prevailing situation cannot be tolerated. However, today we are adjourning the case on the request made on behalf of the Advocate General," the Court had observed in an order passed on July 22..[Torture of ex-Army officer] Uttar Pradesh govt continuously showing inaction against prima facie shameful act: Allahabad High Court .The Court had also said that the allegations raised by the petitioner are very serious and reflects a "very sorry" state of affairs in Uttar Pradesh."First information Reports prima facie, shows a very sorry state of affairs and police atrocities," the Court had observed in an order passed on July 8.."Very sorry state of affairs:" Allahabad High Court directs DGP to file personal affidavit on former soldier's plea alleging torture by UP Police.The Court had therefore asked the Director General of Police to file a personal affidavit and while the Advocate General was asked to assist the Court in the matter.