The Punjab and Haryana High Court has put on hold an order from the Punjab State Human Rights Commission that directed the registration of a criminal case against five police officers. The officers were accused of torturing two brothers while in custody following a 2023 dispute.
High Court Questions Commission's Authority
A division bench comprising Chief Justice Sheel Nagu and Justice Sanjiv Berry issued the interim stay on Monday. The bench observed that the Human Rights Commission had clearly overstepped its legal boundaries. The court noted that the Commission issued binding "directions and orders" for the executive authorities to follow, rather than making recommendations as required by law.
The bench emphasized that under the Protection of Human Rights Act, 1993, the Commission's role is advisory. It can only suggest a course of action to the state government, which then decides whether to act. If the government rejects the advice, the Commission's recourse is to approach a high court or the Supreme Court.
The Legal Battle and 2023 Incident
The stay order came in response to a civil writ petition filed by the five police officers: Inspector Gagandeep Singh Sekhon, Assistant Sub-Inspectors Satnam Singh and Makhan Singh, and Constables Gurpreet Singh and Harsimranjit Singh. All were posted at Jalandhar's Division No.3 police station. They challenged the Commission's October 13 order, which had directed the Jalandhar Police Commissioner to file an FIR against them.
The recommended FIR included charges under Indian Penal Code sections for kidnapping, wrongful confinement, public servant disobeying the law, common intention, and criminal conspiracy.
The case originates from an altercation on July 3, 2023, outside an electrical goods shop in Phagwara Gate, Jalandhar. The shop is owned by Constable Harsimranjit Singh's father. According to the police version, brothers Ankursh Gupta and Rahul Gupta, along with their father Raj Kumar Gupta, became agitated when a customer's vehicle blocked the shop entrance.
The officers claimed the Gupta family engaged in a verbal fight, assaulted Harsimranjit and his father, and pulled off their turbans. The incident was captured on a CCTV camera. Based on this, police filed an FIR against the brothers for snatching, outraging religious feelings, voluntarily causing hurt, and criminal conspiracy. The Gupta brothers were arrested outside Jalandhar Civil Hospital that same evening.
Medical Reports and Conflicting Claims
The petition filed by the officers on November 21 argued that the Human Rights Commission's process was "unfair and one-sided." They stated it ignored crucial medical evidence and CCTV footage. The brothers underwent multiple medical examinations starting July 4, 2023, at Jalandhar Civil Hospital, with follow-ups on July 6 and 7 at Kapurthala Civil Hospital and jail. These reports allegedly noted no major injuries or fresh wounds, contradicting the later torture allegations.
Ankursh Gupta, released on bail on July 25, 2023, later reported foot pain from July 11, which he attributed to police action. He was admitted to DMC Hospital in Ludhiana until his discharge on August 5, 2023.
The Gupta family lodged a complaint with the Human Rights Commission on April 5, 2024, alleging police misconduct. An initial probe by Special DGP Naveen Sain in July 2024 suggested internal departmental action against Inspector Gagandeep Singh for procedural lapses but supported the original case against the brothers. After the Guptas objected, a fresh review by Deputy Superintendent of Police Deepak Singh led to the recommendation for a criminal case against the five officers.
Next Steps and Pending Trial
The High Court has issued notices to the State of Punjab, the Human Rights Commission, the Jalandhar Police Commissioner, and the Gupta brothers. Additional Advocate General Vipin Pal Yadav, representing Punjab, accepted the notice and sought time for instructions.
The court has stayed the Commission's orders against the police officers until the next hearing, scheduled for January 13, 2026. Meanwhile, the original criminal case filed by the police against the Gupta brothers for the 2023 shop dispute is still under trial in a Jalandhar court. The officers described the human rights complaint as a retaliatory move to target them.
During the proceedings, the petitioners' counsel, Navkiran Singh, also sought an investigation by the Central Bureau of Investigation (CBI), claiming the local probe was influenced by the complainants.
