The Punjab DGP has told the Punjab and Haryana High Court that the injuries allegedly suffered by Mohanjeet Singh, a youth who claimed to have been subjected to custodial torture after showing a black flag to Chief Minister Bhagwant Mann could possibly be self-inflicted.

The DGP cited medical opinion as per which possibility of “self infliction or friendly hand” could not be ruled out.

The affidavit was filed after Justice Vikram Aggarwal on September 10 called the matter "serious" and sought detailed report on the action taken by the State after the alleged incident.

According to the DGP's affidavit, Mohanjeet was medically examined at the Civil Hospital on September 3, when “no fresh injury” was recorded. However, later that evening, he was admitted to the Civil Hospital, Sangrur, where the medico-legal report recorded ten blunt injuries, with their duration stated to be between two and six hours before examination.

The DGP submitted that this timing was inconsistent with the allegation that the injuries were inflicted during custodial torture on the evening of September 2.

The State also submitted that Mohanjeet had not complained of any injury when he was examined at the Civil Hospital on September 3, in the presence of his uncle and counsel.

According to the ATR, Mohanjeet had been detained on September 2 after allegedly waving a black cloth and raising slogans from a house behind the stage where the Chief Minister's “Lok Milni” programme was being held.

The State said he was taken to Police Station Cheema, where preventive action under Sections 126 and 170 of the BNSS was initiated and he was lodged in the lock-up. He was subsequently produced before the Executive Magistrate and released on a personal bond.

The DGP also stated that a dope test conducted at the police's request was positive for morphine. A second test, conducted after objections from Mohanjeet's uncle and counsel, was also stated to be positive.

The State further said that on the evening of September 3, it received information that Mohanjeet had been admitted to the Civil Hospital in an injured condition.

The affidavit records that on September 4, Mohanjeet gave a statement alleging that he had been beaten, his beard was plucked, his kachhehra was torn and he was stripped naked and assaulted.

The DGP said the statement was kept for preliminary inquiry in view of the discrepancy concerning the timing of the injuries.

The State has also informed the Court that an SIT comprising the SP City, Mohali; SP (Investigation), Ropar; and ASP, Zirakpur, has been constituted. Relevant records are being handed over to the committee for inquiry.

The DGP further stated that no charge-sheet under the Punjab Police Rules or criminal proceedings had been initiated against any named police officer as the inquiry is already being conducted by the Special Committee.

The affidavit also records that the National Human Rights Commission took cognizance of a complaint dated September 4 and issued notice under Section 12 of the Protection of Human Rights Act, 1993. The NHRC has directed the Sangrur District Magistrate to independently verify the allegations, including Mohanjeet's medical condition and preservation of evidence.

The petition has been filed under Section 528 of the BNSS seeking directions for registration of a case and investigation by the CBI.

The CBI counsel sought time to respond. The Court, however, said no response was required at this stage as notice had not yet been issued.

The matter will next be heard on October 15.

Case Title: Gurmail Singh v. State of Punjab and Others

Counsel: Bikramjeet Singh Jatana for the petitioner.

Chanchal K. Singla, Senior Additional AG, Punjab.

Ravi Kamal Gupta for respondent No. 9 (CBI).