Arvind Kumar Mishra-I JUDGMENT
Vimlesh Kumar Shukla, J.
1. Gyanesh Rai s/o Ganga Prasad Rai through the next friend his father Ganga Prasad Rai and Ganga Prasad Rai s/o Raj Narayan Rai have approached this Court, complaining of custodial violence and requesting therein for payment of compensation for physical sufferings and mental agony as well as for initiation of action against erring police personnel.
2. Factual matrix of the case is that petitioner No. 1-Gyanesh Rai is a young man and claims that he had applied for the post of Constable in I.T.B.P. (Central Force) and qualified the physical test held in Dehradun on 23rd February, 2015 and after qualifying the physical test, he was busy in preparation of written examination scheduled to be held in May, 2015 and in between, petitioners submit that, police personnel from police station Doharighat, came to petitioners' house and petitioner No. 1 was informed that he was required for interrogation. Petitioners submit that petitioner No. 1 was taken to the police station on 9th April, 2015 at 5 pm and in the name of carrying out interrogation, petitioner No. 1 was detained at police station up till 16th April, 2015 and during this period, petitioners' grievance is that petitioner No. 1 has been subjected to brutal police torture by using third degree methods like electric shock, severe beating and insertion of aluminium wires through his mouth.
3. Petitioners' submit that immediately thereafter, petitioner No. 2 proceeded to send information to each and every responsible official inclusive of Hon'ble the Chief Justice of this Court, District Magistrate, Mau, State Human Rights Commission, Lucknow and others. Petitioner No. 1 was taken to hospital in the city of Mau in serious condition where he was admitted by the police and thereafter he was shifted to Varanasi and at Varanasi x-ray was conducted at Singh Medical Research Centre wherein aluminium wire has been seen in the throat and abdomen of petitioner No. 1. Petitioner No. 1, thereafter, was taken to Banaras Hindu University but as there was no reference letter he was not admitted there and thereafter he was taken to P.M.C. Hospital, Durga Kund, Varanasi and thereafter, as his condition was very serious, he was referred to K.G.M.C. Lucknow where he was admitted on 18th April, 2015 and thereafter after getting operated upon, petitioner No. 1 has been released. Petitioners have contended that petitioner No. 1 has been subjected to custodial torture and thereafter for the relief mentioned above, present writ petition in question has been filed.
4. As complaint before this Court has been that third Degree method has been applied by police officials namely respondent No. 3 to 9 in complete violation of directives issued by the Apex Court in D.K. Basu vs. State of West Bengal MANU/SC/0157/1997 : 1997 (1) SCC 416, this Court on 6th May, 2015 proceeded to ask Superintendent of Police, Mau to file counter affidavit within four days and thereafter on 12.05.2015, a short counter affidavit was filed and this Court was of the opinion that the short counter affidavit is not at all in consonance with the directives issued by this Court and this Court took serious note of th........