Ex-Army officer torture case: Allahabad High Court orders fair investigation by UP Police

The Allahabad High Court has directed the State of Uttar Pradesh to ensure fair investigation and take immediate action against the policemen accused of torturing former Army officer Sardar Resham Singh in May this year (Resham Singh v. State of UP)..In a strongly worded judgement, the Bench of Justices Surya Prakash Kesarwani and Piyush Agrawal said,"An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities...A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. But when it arises due to arbitrary or capricious behaviour then it loses its individual character and assumes social significance. Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous.".The Court thus ordered the State government and the UP Police:(i) to ensure fair investigation in the matter of the above noted both the first information reports,(ii) take immediate action in accordance with law against the accused policemen, and (iii) conclude the investigation and departmental proceeding expeditiously, preferably within three months..The order also noted that though some action was taken against the accused policemen on the administrative side, the preliminary inquiry report directed by the Superintendent of Police has not yet been submitted even after three months. "This, prima facie, indicates casual, illegal and arbitrary approach of the respondents for the reasons best known to them," the Court stated..The facts of the case are that Resham Singh along with his mother and two sisters was going from Pilibhit to Lakhim Pur Kheri to pay homage to a deceased relative. On the way, they were stopped by UP Police officers and asked to produce papers of the car in which they were travelling. A delay in sorting out the papers caused annoyance to the policemen who started abusing Singh and his family members. When they resisted, they started beating Singh and his family members. The police officials then forcefully took them to the Kotwali Puranpur station and thereafter disrobed Singh, tied him on a cot and brutally beat him for two hours using dandas, fist and leg blows. They also gave him third degree torture and abused him. Sub-Inspector Ram Naresh Singh, along with other police officials, also inserted a danda/lathi inside the Singh anus/rectum. They had also allegedly removed his turban.After the ordeal, the police registered an FIR against Singh and his family members..A video of the atrocities committed against Singh by the police officials then went viral on social media. The ensuing outcry prompted the Superintendent of Police to assure the public that action would be taken against the errant police officers.Before the High Court, Singh contended that the police is neither fairly investigating the matter nor has yet registered cases under relevant provisions of the Indian Penal Code against the guilty police officers. Rather, as an eyewash, they were merely transferred or suspended..In today's order, the Court took a dim view of the police's conduct in investigating the case, noting,"Fair and proper investigation is the primary duty of the investigating officer. In every civilized society, the police force is invested with powers of investigation of a crime to secure punishment for the criminal and it is in the interest of the society that the investigating agency must act honestly and fairly and not resort to fabricate false evidence or create false clues only with a view to secure conviction because such acts shake the confidence of the common man not only in the investigating agency but in the ultimate analysis in the system of dispensation of criminal justice."It further noted,"It is unfortunate that matters which require immediate attention linger on and the man in the street is made to run from one end to other with no result. Even in ordinary matters a common man who has neither the political backing nor the financial strength to match the inaction in public oriented departments gets frustrated which erodes the credibility in the system.".Even during previous proceedings, the Court had taken a dim view of the State's response on the allegations made by the petitioner and had observed, "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.".Senior Advocate Arvind Verma, assisted by Advocates Syed Imran Ibrahim, Anurag Vajpeyi, Jaspreet Singh and Samridhi represented the petitioner. Advocate General Raghvendra Singh appeared on behalf of the State..[Read order]