The Punjab & Haryana High Court in the case Sukhpreet Singh Dhaliwal @ Budha & Anr. Vs. State of Punjab & Ors observed, where the Alleged gangsters Sukhpreet Buddha and Amit Dagar of Bambiha Group have moved the court alleging that they are being tortured and are being kept in complete isolation thereby violating their fundamental rights and which is violative of the various judgments passed by this court and Hon’ble Supreme Court of India.
The bench comprising of Justice Arvind Singh Sangwan observed and has issued notices to the state of Punjab and the CBI and has asked the ADGP (Prisons), Punjab, an affidavit needs to be filled with regards to compliance with the directions given in the High Court’s case judgment of Viresh Shandilya vs. Union of India, 2004.
The Punjab and Haryana High Court in the Viresh Shandilya’s case had held that the “under-trials”, as well as the “prisoners” lodged in the Jail, too, have a right to information and the television can play a crucial role in that regard and to bring them in the mainstream of the civilized society and if a complete ban on viewing of TV is imposed, it will be too hard and anti-thesis of international conventions.
In the petition filled, it was claimed by the alleged gangsters that the state government wants to kill them by depriving them of the basic necessities which are required of a human being. Further, they alleged that the only reason for depriving the basic amenities is that the police of the State of Punjab want the petitioners to be mentally de-razed and the petitioner to die their own death and the state is not blamed for their death.
Further, the plea alleged that the petitioners are being kept in high security ward and are not allowed to come out of said cell throughout the day except for three hours and they are not allowed to even interact with other inmates and as provided under the rules of prison, the petitioners are not provided with the newspapers, magazine and other books.
The alleged gangsters are not even allowed to even view television inspite of the fact that other inmates are allowed to do so and they are being kept in complete isolation which is violative of their fundamental rights and the various judgments passed by this court and Hon’ble Supreme Court of India.
It was also noted that Sukhpreet Buddha was extradited from Armenia when he was arrested by Interpol. Moreover, Amit Dagar’s name had appeared in the murder of International Kabaddi player Sandeep Singh Nangal Ambian.
The Advocate appearing for the petitioner, Mr. Bipan Ghai, Senior Advocate with Mr. Paras Talwar, Advocate, Mr. Tushan Rawal, Advocate, Mr. Deepanshu Mehta, Advocate, Mr. Prabhdeep Singh Bindra and Mr. Rishabh Singla.