Large scale Release of High Profile Prisoners

LFHRI is non-governmental human rights organisation striving to promote and protect the human rights of the citizens of Punjab. The organisation has filed many Public Interest Litigations on matters of public importance in this Hon’ble High Court. The organisation generates its resources by contributing funds and use it solely for the fulfillment of the purpose set forth in its constitution

IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA
AT CHANDIGARH
Extra-Ordinary Civil Writ Jurisdiction
Civil Writ Petition No._______/2002

Lawyers For Human Rights International, Chamber NO.122, District Courts, Sector 17, Chandigarh. Through its Press Secretary, Arunjeev Singh Walia
……….Petitioner
Versus

1. State of Punjab, through its Home Secretary, Pb.Civil Secretariat, Chandigarh.
2. Additional Director-General of Prisons, Punjab, Sector 17-A, Chandigarh
3. Superintendent, Central Jail, Patiala
………Respondents

CIVIL WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER OR DIRECTION, ORDERING AN INDEPENDENT PROBE BY CENTRAL BUREAU OF INVESTIGATION INTO THE LARGE SCALE SCAM OF RELEASE OF HIGH PROFILE INFLUENTIAL PRISONERS FROM THE CENTRAL JAIL, PATIALA ON THE BASIS OF FORGED AND PROCURED MEDICAL CERTIFICATES AND ENJOYING THE LIBERTY BY AVOIDING TO UNDERGO JAIL SENTENCE AND THEREBY FRUSTRATING THE SENTENCE IMPOSED UPON THEM BY THE JUDICIAL COURTS AND DEFEATING THE PROCESS OF LAW;
IN CASE OF RETURN OF POSITIVE FINDING BY THE CENTRAL BUREAU OF INVESTIGATION, CRIMINAL PROSECUTION SHOULD BE LAUNCHED AGAINST THE GUILTY DOCTORS, JAIL AUTHORITIES AND PRISONERS WHO SECURED INTERIM BAILS BY SUBMITTING FORGED AND PROCURED MEDICAL CERTIFICATES ;
A N D FOR THE ISSUANCE OF ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION WHICH THIS HON’BLE HIGH COURT MAY DEEM FIT AND PROPER KEEPING IN VIEW THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE.
………

RESPECTFULLY SHOWETH;-

1. That the Petitioner is a non-governmental human rights organisation striving to promote and protect the human rights of the citizens of Punjab. The organisation has filed many Public Interest Litigations on matters of public importance in this Hon’ble High Court. The organisation generates its resources by contributing funds and use it solely for the fulfillment of the purpose set forth in its constitution. Since the subject matter of the present petition involves the larger question of public importance, therefore, the Petitioner is invoking the extra-ordinary civil writ jurisdiction by filing the present petition in representative capacity on behalf of prisoners lodged in different jails in Punjab, as such the necessary leave may be granted to the Petitioner. The Petitioner is solely comprising of lawyers who, in other words, are the officers of the Court and since the issue involved in the present petition pertains to an attempt by the influential prisoners to frustrate the sentences imposed upon them by the judicial courts and thereby undermining the judicial authority, the Petitioner has the right to protect the dignity of the Courts and sanctity of the law and is therefore, competent to file the present petition.

2. That Article 14 of the Constitution guarantees to every citizen equality before law. But the Petitioners sadly brings the dismaying picture of discrimination among prisoners in Central Jail, Patiala on the basis of their status and influence, resulting in the violation of fundamental rights of the poor prisoners. The scam which is being run in Central Jail, Patiala can be rightly called as “fake medical certificate racket”.

3. That a detailed study of high profile prisoners including few police officers lodged in Central Jail, Patiala, reveals a trend of securing release from the jail on interim bail by high profile and influential prisoners on the basis of fake medical certificates of their kin.

4. That the Central Jail, Patiala has been keeping the largest number of VIP prisoners in the recent past. ADGP Daljit Singh Bhullar and his three accomplices undergoing life imprisonment, Inspector Malwinder Singh Malhi also undergoing Life Imprisonment, DSP Jaspal Singh alongwith two others and Inspector Arvinder Bir Singh, all convicts in different cases, undergoing imprisonment for various terms are among many high profile influential prisoners lodged in this jail. But most of these influential prisoners feign illness of their kin by producing fake medical certificates and obtain interim bails for months without a break courtsey, Superintendent of Jail.

5. That if anybody wants to remain out of jail even after conviction, there is one simple way, obtain an interim bail. Just apply for interim bail/ parole for two weeks or four weeks, on the ground of treatment of the kin who is admitted in the hospital in serious condition. Append a forged or procured medical certificate of the kin mentioning serious illness of the patient. The jail employee who is sent for verification of the said medical certificate by the Superintendent of the jail should be managed and he must report that the patient was found admitted in the hospital. Then it’s quite easy to manage the jail superintendent who happily grants interim bail for the applied period. The only hard thing to do is to procure or forge a medical certificate issued by any doctor of a government hospital.
Few Examples:-

I. DSP Jaspal Singh, son of Gurbhajan Singh, alongwith Sub-Inspector Gurdev Singh, accused of abduction and forced disappearance of a Sikh youth, were sentenced to seven years rigorous imprisonment by Additional Sessions Judge, Patiala vide order dated December 11, 2001. Jaspal Singh was sent to Central Jail, Patiala. After remaining in the jail for a day, he applied for parole on December 13, 2001 on the ground of treatment of his wife Amninder Kaur whose medical certificate dated 13th December, allegedly issued by Medical Officer, Deptt.of Surgery, Rajindra Hospital, Patiala was attached with the application, the true copy of the said certificate is appended as Annexure P-1. The said certificate mentions that the patient was admitted in emergency surgical ward as a case of head injury (fall from roof) on 12.12.2001 at Rajindra Hospital,Patiala and her condition is very serious. Interestingly, this certificate does not comply with the essential requirement of the putting thumb impression of the patient on the certificate, but only short signature of the alleged patient have been shown at the bottom, which was attested by the same Medical Officer. On the basis of the said certificate, Jaspal Singh got interim parole for two weeks till 28.12.2001. On 28.12. 2001, he applied for second interim parole for two weeks on the same ground and this time also, the same doctor of the hospital issued another certificate in the name of the same patient dated 28.12.2001 mentioning therein that the patient is admitted in the emergency ward of Rajindra Hospital, Patiala on 28.12.2001, due to fall from stairs, the true copy of the same is Annexure P-2. This time also her condition was described as very serious. More surprising is the fact that in this certificate the signatures of the patient completely differs from those shown in the first certificate. On the basis of this certificate, Jaspal Singh obtained second interim parole for two more weeks i.e. from 28.12.2001 till 12.1.2001. In the third medical certificate dated 12.1.2002 issued by the doctor of the same hospital, the same patient was shown admitted in the hospital on 11.1.2002 as a case of head injury and again her condition was described as “very serious”, the true copy of the same is Annexure P-3. It is astounding to note that in all three medical certificates, the signatures of the same patient differs from each other. It is even more surprising that from 12.12.2001 till 12.1.2002, her condition was described as “very serious”, although her admission dates in emergency ward of the same hospital differs in all the three certificates. On the basis of three fake medical certificates of his wife, Jaspal Singh remained on parole on the orders of the Superintendent of the Jail for more than two months and when his period of bail was going to expire, he got himself “admitted” in another hospital and obtained interim bail for two more months. It is doubtful that most of the time, during this period whether he remained outside the hospital or in the hospital. Similarly, his co-accused Sub-Inspector Gurdev Singh also remained either in hospital or on parole from the beginning of his sentence for a long time on forged or procured documents.

II. Constable Manjit Singh, son of Darshan Singh was sentenced to life imprisonment by Sessions Judge, Ropar vide order dated May 15, 2001, for the custodial death of a dalit youth Davinder Singh of village Hassanpur in Ropar District in September 1999. Within few days of his stay in the Central Jail, Patiala, he applied for parole on 1.6.2001 on the ground of serious condition of his mother and attached a medical certificate allegedly issued by Senior Medical Officer, Civil Hospital, Ropar on 1.6.2001,wherein his mother Gurmail Kaur was shown to be under treatment in Civil Hospital, Ropar vide bed Head Ticket No.2594 dated 31.5.2001 and her condition was stated to be serious, the true copy of the said certificate is Annexure P-4. She was allegedly described as a case of AC PIVD with compressive radiculopath with loss of low bladder control. The said certificate is a typed certificate and bears the signature of Senior Medical Officer, Civil Hospital, Ropar as well as the rubber stamp of the said doctor which was later on found to be forged one. It was also not countersigned by the Senior Medical officer of the hospital, and does not bear the thumb impression of the patient, which are legally required to be obtained. Manjit Singh was granted parole for two weeks by the Superintendent of Jail on the basis of this fake certificate and the false verification done by the employee of the jail. Manjit Singh applied for second parole vide his application dated 7.11.2001 and attached another medical certificate in respect of her mother(same patient). This certificate is a computer typed certificate issued by Dr.Navtej Pal Singh, Medical Officer, Civil Hospital, Ropar on 6.11.2001 wherein the patient was shown under the treatment in the hospital vide Bed Head Ticket No.6261 dated 2.11.2001 and she was reportedly suffering from the same earlier disease (AC PIVD with compressive radiculopathy Rt..side with loss of bladder control and her condition was again stated to be serious, the true copy of the said certificate is Annexure P-5. It has been counter-signed by Dr.Gurjit Singh, Senior Medical Officer of the hospital. When this certificate was sent for verification by the jail superintendent, Dr. Navtej Pal Singh wrote that the patient was still admitted in Ortho ward and her condition was still serious. It was also mentioned that she may require further investigation for treatment. On the basis of this procured certificate, the Manjit Singh got the concession of second parole for a period of two weeks on this ground by the Superintendent of the jail from 8.11.2001 till 23.11.2001. Amazingly, he again applied for interim parole for the third time for a period of two weeks vide application dated 31.12.2001 and this time also, he attached another procured medical certificate in respect of illness of his mother (same patient). The said certificate was purportedly issued by Dr. Surjit Singh, Medical Officer, Ortho department, Civil Hospital, Ropar dated 31.12.2001. When the wife of Manjit Singh applied for grant of certificate from the Civil Hospital, Ropar in respect of the admission of mother of Manjit Singh, Dr.Surjit Singh, Medical Officer, Ortho Ward in Civil Hospital, Ropar issued the certificate that Gurmail Kaur was admitted in Ortho Ward for treatment of LBDC Parapesesis C Sepricelmis vide indoor no.7294 dated 31.12.2001 and she is still in serious condition, the true copy of the said certificate dated January 1, 2002 and counter signed by Dr.Gurjit Singh, Senior Medical Officer, Civil Hospital, Ropar is Annexure P-6. Nothing would be more surprising than the fact that the disease of the same patient has been shown changed within a period of one and a half months in the same Ortho Ward and she is stated to be in serious condition.

III. Sub-Inspector Malwinder Singh Malhi son of Mohan Singh, was sentenced to Life imprisonment on May 15, 2001 by Sessions Judge, Ropar alongwith Constable Manjit Singh in the custodial death case. After staying in the Central Jail, Patiala for a fortnight, he applied for parole for the first time on May 24, 2001 on the ground of illness of his father Mohan Singh. He attached a typed medical certificate allegedly issued by the Senior Medical Officer, Kharar dated 24.5.2001 mentioning therein that the patient was under treatment in the hospital vide Bed Head Ticket No.1456, dated 18.5.2001 and it was described as a case of angina complaint and the patient was advised to undergo T.M.T. and Echocardiography examinations and may require Angiography, the true copy of the said certificate is Annexure P-7. At the bottom of the certificate, the specimen signatures of the patient were put. On the basis of this medical certificate, parole was granted to him from May 30, 2001 till 14.6.2001. He came to the jail on 14.6.2001 and the next day, i.e. 15.6.2001, applied parole for the second time for a period of two weeks on the same ground of illness of his father. He had attached another typed certificate dated 15.6.2001 allegedly issued by Dr.Kartar Singh, Medical Officer, Civil Hospital, Morinda wherein it was mentioned that the patient Mohan Singh was under the treatment in the hospital vide Bed Head Ticket No.503/45 dated 13.6.2001 and he was shown a case of H.T. Angina. He was advised to undergo T.M.T. and Echocardiography examinations and may require Angiography. His condition was described as Serious. In this certificate, the thumb impression and not the specimen signature of the patient was put, although the remaining wording of the two certificates was same, the true copy of the said certificate is Annexure P-8. Interestingly, on a letter from Assistant Civil Surgeon, Ropar dated 20.6.2001, Dr.Kartar Singh wrote back to the Civil Surgeon Ropar that the patient was discharged on 19.6.2001, the true copy of the said writing is Annexure P-9. It may be pertinent to mention here that Malwinder Singh obtained second parole for six weeks from August 6, 2001 to September 18,2001 for agricultural purposes. He filed the third application for parole on the ground of medical treatment of his father on 8.10.2001 and attached another typed medical certificate issued by the same medical officer, Dr.Kartar Singh of Civil Hospital, Morinda, dated October 8, 2001. Surprisingly, the said certificate does not contain any specimen signature or thumb impression of the patient, inspite of mentioning the same in the certificate, the true copy of the said certificate is Annexure P-10. In the said certificate, while the disease mentioned is same as in earlier medical certificate, but the date of admission and bed head ticket number differs in both the certificates. In the latest certificate, date of admission is given as 7.10.2001 and bed head ticket no. is 998/16. He was released on two week interim bail for the third time from October 20, 2001 to November 4, 2001. The same doctor of Civil Hospital, Morinda issued another typed medical certificate dated 5.11.2001 in respect of his father, mentioning the same disease, but wrote the date of admission of the patient as 4.11.2001 and bed head ticket no. 492, the true copy of the said certificate is Annexure P-11. On the basis of the said certificate, he was granted two week interim bail for the fourth time from 13.11.2001 to 28.11.2001. On 24.12.2001, he again applied for two week parole for the fifth time, on the same ground of illness of his father. This time the medical certificate attached alongwith the application was issued by the Medical Officer of Civil Hospital Ropar dated 24.12.2001 stating that the patient Mohan Singh is admitted in the Ortho ward for treatment of PIVD Complaint of Paraparesis and complaint of Septicaemia vide No.7171 dated 24.12.2001 and is in serious condition, the true copy of the said certificate is Annexure P-12. It is amazing to know that for more than five months, the same patient was stated to be suffering from a single disease of angina problem and his condition remained serious for all these five months and suddenly he developed another problem of partial paralysis and unhealthy condition of blood. Opinion of Heart Specialists proves that the patient of such disease cannot remain serious for so many months and then survive from the disease. A normal patient recovers from the disease within a month or so and no doctor can certify the patient to be in serious condition for so many months.

IV. Ladwinder Singh alias Ladi son of Karamjit Singh, was sentenced to Life imprisonment for tripple murder by Sessions Judge, Patiala on August 3, 2001 alongwith former Additional Director General of Punjab Police, Daljit Singh Bhullar and two others. He is lodged in Central Jail, Patiala. He also produced a fake medical certificate of the illness of his wife, Harveen Kaur, allegedly issued by Senior Medical Officer, APJ Civil Hospital, Rajpura on 9.11.2001, the true copy of the said medical certificate is Annexure P-13. On verification, the said certificate was found to be fake one as the Senior Medical Officer of the said hospital, denied his signatures and the hospital records also does not show the admission of Harveen Kaur in the hospital on 8.11.2001.

V. Agya Pal Singh, son of Karamjit Singh, is the brother of Ladwinder Singh and sentenced to Life Imprisonment for tripple murder by the Sessions Judge, Patiala alongwith his brother and three others. He produced medical certificate dated 23.8.2001, issued by Senior Medical Officer, APJ Civil Hospital, Rajpura in respect of the admission of his father Karamjit Singh in the hospital, the true copy of which is Annexure P-14. He thereafter produced another certificate dated 28.9.2001, also issued by the same doctor, the true copy of which is Annexure P-15. He again attached two other medical certificates dated 16.4.2002 and 19.4.2002 issued by Dr.Ashok Goyal, Registrar, Department of Medicine, Govt. Medical Hospital, Rajindra Hospital, Patiala , this time, showing Harbans Kaur, the mother of Agya Pal Singh as admitted in the hospital, the true copies of the four certificates are Annexure P-16 and P-17..

VI. ASI Krishan Kumar, son of Hari Mohan was sentenced to Life Imprisonment for tripple murder by Sessions Judge, Patiala on August 3, 2001 alongwith former ADGP, Daljit Singh Bhullar. He produced a medical certificate of the illness of his mother, Kaushalaya Devi, allegedly issued by Medical Officer, Civil Hospital, Fatehgarh Sahib, on January 1, 2002 wherein no mention of the disease has been made nor her specimen signatures have been attested, the trye copy of the said certificate is Annexure P-18. Surprisingly, another medical certificate issued by the same doctor of the same hospital dated January 1, 2002 showed the E. No. as 21 dated 1.1.2002, the true copy of the said certificate is Annexure P-19. In the earlier certificate the E.No. was given as 3 dated 1.1.2002. The same prisoner produced another medical certificate of his father, Hari Mohan, allegedly issued by Registrar, Department of Medicine, Rajindra Hospital, Patiala dated 14.3.2002, wherein the patient was reportedly admitted in emergency medical ward as a case of HT C Hemiplegia (paralysis of one side of the body) and his condition was serious, the true copy of the said medical certificate is Annexure P-20. This certificate was also found to be fake and forged one on verification.
VII. Darshan Singh, lodged in the Central Jail, Patiala, produced a medical certificate allegedly issued by Dr.Harmanjit Singh, Medical Officer(Ayurvedic) in the Govt.Ayurvedic Dispensary, P.S.E.B. Patiala dated 28.10.2001 showing which does not mention as to whether she is admitted in the hospital or not. It also does not bear the signatures of the patient nor any body attested the certificate. The disease quoted by the doctor is that“Mangla Kaur wife of Karnail Singh is suffering from Gidelibity and depression. Her condition is becoming serious day by day because of the above said reason”, the true copy of the said certificate is Annexure P-21.
VIII. Hardeep Singh, son of Amrik Singh is lodged in Central Jail, Patiala and undergoing sentence in a case. He applied for two week interim bail on the ground of treatment of his ailing father, Amrik Singh on 3.11.2001. He attached a printed medical certificate allegedly issued by the Senior Medical Officer, APJ Civil Hospital, Rajpura dated 3.11.2001, the true copy of the said certificate is Annexure P-22. Similar medical certificate issued in respect of the same patient by the same doctor of APJ Civil Hospital, Rajpura on 8.4.2002 was also produced by the above named prisoner for seeking further interim bail for two weeks, the true copy of the said certificate is Annexure P-23. Amazingly, both the certificates are printed and blank spaces have been left for filling the particulars of the patient in it. In all the certificates, the sentence, “His/Her condition is Serious” is mentioned, as if every patient to whom the certificate has been issued remains in serious condition.

6. That few things which surprises the Petitioner-organisation most, is that all the medical certificates which were produced by the prisoners to the Superintendent of the Central Jail, Patiala were sent for verification by the Superintendent of the jail and in most of the cases the messenger was Assistant Superintendent of the Central Jail and the verification reports came in favour of the prisoner. This whole exercise of forging medical certificate and obtaining interim bails on the basis of these certificates cannot succeed without the connivance of the person who goes to verify the medical certificate and the Superintendent of the Central Jail, Patiala. It may be worth mentionable here that Swaran Singh, the then Superintendent of Jail, Patiala was earlier also charged of corruption in the matter of purchases of medicines worth Crores of rupees in the Central Jail, Patiala by the Vigilance Bureau, Punjab in the year 1999, still he was again brought to the same jail in 2001.

7. That the Petitioner is entitled to seek CBI inquiry into the large scale scam inter-alia on the following grounds:-

(i) Because ordinary prisoners do not get interim bail for months together for want of police verification or hundreds of other formalities, but if high profile or influential prisoner submits even forged or procured medical certificate of their kin repeatedly, one is granted interim bail/parole for any number of times. This amounts to clear case of arbitrary and discriminatory action of the respondents.

(ii) Because if the judicial court sends an accused to judicial prison for undergoing his sentence, he must serve his sentence in the jail, but by remaining out for months together from the date of sentence on false grounds and enjoying liberty, the influential prisoners defeat the very purpose of the judicial decisions whereby the guilty is punished with imprisonment. In other words, the whole penal justice system has been frustrated by the acts of ommission and commission of the jail authorities of Central Jail, Patiala.

8. That the important questions of law which arise for the kind consideration of this Hon’ble High Court in the present petition are as under:-

(a) Whether the undue privilege of interim bail obtained by high profile and influential prisoners on the basis of forged and procured medical certificates defeats the process of law whereby the judicial courts had sent the prisoners to undergo sentence for the offence committed by them ?

(b) Whether the granting the concession of interim bail/parole by the Superintendent jail to the influential prisoners and denying the same to the ordinary prisoners on different grounds violates the fundamental right to equality of the poor and underprivileged prisoners ?

(c) Whether the nexus between the prisoners, doctors and the jail authorities in obtaining bails even after awarding of sentence by the judicial courts, frustrates the sentence imposed upon the accused and defeating the process of law ?

9. That the Petitioner read a news report appearing in The Tribune dated June 23, 2002 wherein the correspondent of the newspaper informed that after verification of the certificates a large scale racket of obtaining interim parole on the basis of forged documents has been unearthed , the true copy of the news report is Annexure P-24.

10. That the Petitioner is left with no other alternative or more efficacious remedy but to approach this Hon’ble High Court by way of the present civil writ petition in public interest. No remedy of appeal or revision is available in the present case.

11. That the Petitioner has not filed any other or similar petition on the same subject matter either in the Hon’ble Supreme Court of India or in this Hon’ble High Court or in any other court of law in India.
P R A Y E R :-
It is therefore, most respectfully prayed that this Hon’ble High Court may be pleased to :-

(i) ISSUE A WRIT IN THE NATURE OF MANDAMUS ORDERING AN INDEPENDENT PROBE BY CENTRAL BUREAU OF INVESTIGATION INTO THE LARGE SCALE SCAM OF RELEASE OF HIGH PROFILE INFLUENTIAL PRISONERS FROM THE CENTRAL JAIL, PATIALA ON THE BASIS OF FORGED AND PROCURED MEDICAL CERTIFICATES AND ENJOYING THE LIBERTY BY AVOIDING TO UNDERGO JAIL SENTENCE AND THEREBY FRUSTRATING THE SENTENCE IMPOSED UPON THEM BY THE JUDICIAL COURTS AND DEFEATING THE PROCESS OF LAW;
IN CASE OF RETURN OF POSITIVE FINDING BY THE CENTRAL BUREAU OF INVESTIGATION, CRIMINAL PROSECUTION SHOULD BE LAUNCHED AGAINST THE GUILTY DOCTORS, JAIL AUTHORITIES AND PRISONERS WHO SECURED INTERIM BAILS BY SUBMITTING FORGED AND PROCURED MEDICAL CERTIFICATES ;
(II) ISSUE ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION WHICH THIS HON’BLE HIGH COURT MAY DEEM FIT AND PROPER KEEPING IN VIEW THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CASE.
CHANDIGARH PETITIONER
DATED;10.7.2002 THROUGH COUNSEL
(NAVKIRAN SINGH) (RAJVINDER S.BAINS)
(VEENA SHARMA) (TEJINDER SINGH SUDAN)
A D V O C A T E S
COUNSEL FOR THE PETITIONER

VERIFICATION:-

Verified that the contents of para no.1 to 7 and 9 to 11 of my petition are true and correct to my knowledge and the contents of para no. 8 of the petition are believed to be correct on the basis of information given by my counsel and nothing has been concealed therein and no part of it is false or mis-stated.

CHANDIGARH PETITIONER

ANNEXURE P-14

CERTIFICATE

This is to certify that Karamjit Singh, son of Balwant Singh of village Talwanian aged 66 years has been admitted in the hospital vide CR No.1990 dated 22.8.2001.

He is suffering from heart disease C HT. This is a serious problem and needs regular attendance for recovery.

Sd/- Senior Medical Officer,
AP Jain Civil Hospital,
Rajpura.
Left Thumb impression of
Karamjit Singh

Attested
Sd/- Senior Medical Officer,
A.P. Jain Civil Hospital,
Rajpura

TRUE COPY

ADVOCATE

ANNEXURE P-16

TO WHOM IT MAY CONCERN

Certified that Harbans Kaur 62 F, wife of S. Karamjit Singh, resident of village Talanian District Fatehgarh Sahib is admitted in the Emergency medical ward as case of HT C SAH vide C.R.No.7508 dated 9.4.2002 at Rajindra Hospital, Patiala. Her condition is very serious.

Sd/- Harbans Kaur( In Punjabi) Sd/- Ashok Goyal
Attested Registrar,
Ashok Goyal Department of Medicine
Registrar, Govt. Medical College
Govt.Medical College R.H. Patiala
R.H. Patiala

TRUE COPY

ADVOCATE

ANNEXURE P-9

As Per record patient was admitted at R.H. Morinda on 12.6.2001 vide Index No.503 and discharged on 19.6.2001 a case of HT C CAD.

Kartar Singh
Medical Officer M.B. HSS, PCMS-1
I/o R.H. Morinda, Distt.Ropar

TRUE COPY
ADVOCATE

ANNEXURE P-21

MEDICAL CERTIFICATE

Certified that Smt. Mangla Kaur, wife of Sh. Karnail Singh is suffering from Gidelibility C depression. So someone near and dear should look after her all the time as she is under acute depression because of the separation from her son, since long time. Her condition is becoming serious day by day because of the above said reason.

Sd/- Dr. Harmanjit Singh28.10.2001
Medical Officer(Ay.)
Govt. Ayurvedic Dispensary P.S.E.B.
Patiala

Smt. Mangla Kaur wife of Sh. Karnail Singh is suffering from G. Delibility C Depression.
She is under my treatment and her condition is serious.
Sd/- Dr. Harmanjit Singh 11.1.2002
Medical Officer(Ay.)
Govt. Ayurvedic Dispensary P.S.E.B.
Patiala

TRUE COPY
ADVOCATE

ANNEXURE P-24

WHERE CONVICTS COME AND GO

Jangveer Singh
Tribune News Service
Patiala, June 22

For nearly two years, high profile convifts, inclduing police officeres, lodged in the Centrral Jail here, have been perpetrating a fraud in connivance with jail officials and staff of the Government Rajindra Hospital to be constantly out of jail at will by securing emergency medical parole by furnishing forged records, citiing the serious condition of their near and dear ones.

Sample this— Deputy Superintendent of Police Jaspal Singh, who had been sentenced in 2001 in four different cases of police atrocity for seven years, was able to get emergency medical parole of 15 days each, four times at a stretch, with a short gap in between. Jaspal availed himself of his first medical parole from December 13, 2001 to December 28, 2001. His second parole was from December 28, 2001 to January 12, 2002 and third from January 12, 2002 to January 27, 2002. On the last day of his third parole, Jaspal complained of chest pain and was admitted to the Civil Hospital, Fatehgarh Sahib, where stayed till March 3, 2002. The next day, he proceeded again on emergency medical parole for another 15 days. Following this, he availed himself of 42 days leave for his agricultural work.Each time, Jaspal was able to get emergency medical leave by citing that his wife had incurred a head injury, with one of the leave certificates saying the injury had occured when she fell off a flight of stairs. Each of the leave certificates had been signed by the Medical Officer of the Rajindra Hospital. There was no Medical Officer in the hospital in the Department of Surgery who could have given the certificate.

It was not only Jaspal who had taken advantage of the mysterious Medical Officer of the hospital who had signed their certificates, which had been accpeted by the local court while authorising them emergency leave. Other high profile prisoners, including Ladwinder Singh, Agya Pal Singh and Assistant Sub-Inspector Krishan Kumar, all convicts alongwith ADGP D.S. Bhulalr in the murder case of an NRI businessman, had also availed themselves of emergency mecial parople through certificates from the Medical Officer and even the Registrar, Department of Medicine. There was no Registrar in the Department of Medicine either.
This was not all. Though scores of convicts had secured emergency medical leave in this manner, there was no record of their near and dear ones having been ever admitted to the Government Rajindra Hospital. Investigation by The Tribune revealed that medical parole had been secured by writing false central registry(CR) numbers. Perusal of the admission files from the CR office revealed names of patients other than those claimed to have been admitted according to the medical parole requests. Care had been taken to use CR numbers being used in the hospital on the day the relatives of the convicts had been shown to be admitted to the hospital.

All this seemed to have been done in an organised manner, with the Central Jail authorities encouraging the fraud. According to documents in possession of The Tribune, the Central Jail Superintendent had written a letter to the “Medical Officer” of the hospital, asking him to inform about the health of Jaspal’s wife, who had been admitted there, though such request could not be made under the rules. No gazetted officer had ever been sent to verify the medical certificates submitted on behalf of the convicts, with welfare officers of the jail routinely filing reports stating that all patients seen by them were serious.

The Medical Superintendent of the hospital, Dr. A. S. Sekhon, when shown the documents pertaining to the case, said there was no Medical Officer in the six surgery units of the hospital. He said any Medical officer of the hospital was not supposed to handle patients, saying an emergency medical parole certificate could be issued only by the CR office, duly countersigned by the Medical Superintendent or the Deputy Medical Superintendent. When shown the certificates issued in the name of the hospital, he said they appeared to be forged and should be handed over to the police for investigation. Speaking about the medical certificates signed by the “Registrar” of the Department of Medicine, he said there was no such post in any department. He said a proper file should have been made in all cases, with the bed head ticket, which was a legal document being quoted.

Convicts lodged in the Central Jail here had not only availed themselves of largesse from this hospital. Two documents showed that the Medical Officer of the Government Ayurvedic dispensary in the PSEB headquarters had also issued certificates to the convicts. In case of Darshan Singh, a convict under the NDPS Act, the ayurvedic doctor had issued a medical certificate, saying the convict’s mother was under depression because of separation from her son. In another medical certificate issued by the same doctor, convict Resham Singh’s wife was quoted to be suffering from anxiety neurosis due to separation from her husband. Both diagnoses were not medically teneble as the doctor was not a psychologist and there was no guarantee that the patient would not suffer from further depression during the tenure of imprisonment of her son or husband.

TRUE COPY

ADVOCATE

RESOLUTION

Resolved in the extra-ordinary governing body meeting of Lawyers For Human Rights International held on July 13, 2002 at Chamber NO.122, District Courts, Sector 17, Chandigarh, to file a Public Interest Litigation in the Hon’ble High Court for the States of Punjab & Haryana at Chandigarh seeking a CBI probe into the fake medical certificate racket being run in Central Jail, Patiala, District Patiala. In this connection, Mr.Arunjeev Singh Walia, the Press Secretary of the organisation is hereby authorised to sign any petition or affidavit and verify any pleadings on behalf of the organisation.

TRUE COPY

ADVOCATE

IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA
AT CHANDIGARH

Civil Misc. No.________/2002
In
Civil Writ Petition No._______/2002

Lawyers For Human Rights International, Chamber NO.122, District Courts, Sector 17, Chandigarh. Through its Press Secretary, Arunjeev Singh Walia
……….Petitioner
Versus

CIVIL MISCLANEOUS APPLICATION UNDER SECTION 51 OF CODE OF CIVIL PROCEDURE, FOR GRANTING EXEMPITION TO THE PETITIONER FROM FILING CERTIFIED COPIES OF ANNEXURES P-1 TO P-24 ALONGWITH THE CIVIL WRIT PETITION.

RESPECTFULLY SHOWETH;-

1. That the Petitioner has filed the accompanying civil writ petition which is most likely to succeed on its merits.
2. That the certified copies of Annexures P-1 to P-24 are not readily available with the Petitioner. However, the true copies of the same have been filed alongwith the Petition.
3. That the Petitioner seeks exemption from filing the Certified copies of Annexures P-1 to P-24 alongwith the Petition.
It is therefore, most respectfully prayed that the Petitioner may be granted exempted from filing certified copies of Annexures P-1 to P-24 alongwith the Petition.
CHANDIGARH Through Counsel
Dated:
(NAVKIRAN SINGH) (RAJVINDER S.BAINS)
(VEENA SHARMA) (TEJINDER SINGH SUDAN)
A D V O C A T E S
COUNSEL FOR THE PETITIONER

LIST OF EVENTS

December 11, 2001 DSP Jaspal Singh of Pb. Police sentenced to seven
years rigorous imprisonment by Additional Sessions Judge, Patiala
December 13, 2001 He obtained parole for two weeks till 28.12.2001 on
the basis of false medical certificate showing his
wife to be in serious condition
December 28, 2001 He obtained second parole on the same day till
12.1.2002 on the same ground and attaching another
fake medical certificate
January 12, 2001 He obtained third parole on the ground of his own
ailing condition till March, 2002
March 27, 2002 He obtained forth parole on the ground of
agricultural work for a period of six weeks
June 23, 2002 A news report appeared in The Tribune, Chandigarh
highlighting the issue of obtaining parole by
influential prisoners on the basis of fake medical
certificates (Annexure P-24)
Hence the Present Civil Writ Petition

CHANDIGARH (NAVKIRAN SINGH) (RAJVINDER. S. BAINS)
DATED;15.7.2002 (VEENA SHARMA) ( TEJINDER S.SUDAN)
A D V O C A T E S
COUNSEL FOR THE PETITIONER

IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
Civil Writ Petition No._______/2002

Lawyers For Human Rights International, Chamber NO.122, District Courts, Sector 17, Chandigarh.
……….Petitioner
Versus
State of Punjab and others ………Respondents

I N D E X

S.No. Contents Dated Page No.
1. C.M. for Exemption from filing Certified copies 15.07.2002 1
of annexures
2. List of Events 15.07.2002 2
3. Civil Writ Petition U/Article 226/227 of the 15.07.2002 3- 17
Constitution of India
ANNEXURES:-
4. Medical Certificate 13.12.2001 18
5. Medical Certificate

3. Power of Attorney 10.7.2002 12

CHANDIGARH (NAVKIRAN SINGH) (RAJVINDER S.BAINS)
DATED;15.7.2002 (VEENA SHARMA) (TEJINDER SINGH SUDAN)
A D V O C A T E S
Note: COUNSEL FOR THE PETITIONER
1. Important questions of law convassed in this petition are contained in para no.7 at
page 8 of the petition.
2. Statute and Acts: Constitution of India
3. Similar Case : Nil
No caveat application has been received in the preesent case.

CHANDIGARH (NAVKIRAN SINGH) (RAJVINDER S.BAINS)
DATED;15.7.2002 (VEENA SHARMA) (TEJINDER SINGH SUDAN)

Public Interest Litigations

LFHRI

LAWYERS FOR HUMAN RIGHTS INTERNATIONAL

Large scale Release of High Profile Prisoners

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