HC: DON’T METE OUT THIRD DEGREE TORTURE

After seeing injuries on two accused persons, the Telangana High Court on Monday directed the Director General of Police to sensitise the police to not rely on forcibly acquired confessions by meting out third-degree torture but on evidence-based investigations.

A division bench of Chief Justice Raghavendra Singh Chauhan and Justice A. Abhishek Reddy, said this while dealing with a habeas corpus (produce the person in court) plea filed by two women seeking production of their husbands.

The women alleged that the police took their husbands into custody in the first week of September at Shamshabad and they were remanded before a lower court only after they filed the petitions before the High Court. The accused were produced before the court with several injuries on their bodies, which were reportedly caused during police interrogation.

The police submitted that more than 38 FIRs were registered against the duo, brothers Syed Sohail, 19, and Syed Mohammed, 24. from Chandryanagutta and that they were habitual offenders. About the injuries, the police submitted that contrary versions — once saying the siblings had the injuries when they arrested and at another time claiming the brothers had beaten each other up to cause the injuries while in remand.

After hearing the police version, the court raised doubts on the quality of the investigation done by the police and questioned how the offenders were getting acquitted in several cases. The bench observed that the injuries on Sohail and Mohammed were fresh and reprimanded the police from showing highhandedness.

It observed the need to sensitise the police and the lower courts from considering confessional statements recorded during police custody.

The court suggested that the DGP sensitise the force to perform quality investigation based on evidence to ensure that the criminals do not go scot-free when they indulge in multiple cases, and not just get confessions from the suspects using thirddegree methods during interrogation.

HC observed the need to sensitise the police and the lower courts from considering confessional statements recorded during police custody.

The court closed the habeas corpus petitions.