Custodial death cases must be viewed with greatest sensitivity and concern: HC
PRAYAGRAJ : Expressing concern over delay in submission of judicial enquiry report in a 2020 custodial death case, the Allahabad High Court said where there is allegation of death in police custody, the judicial enquiry cannot be allowed to drag for long, as “these are instances which have to be viewed with greatest sensitivity and concern”.
Hearing a writ petition filed by one Suresh Devi and Ghurmal, a division bench comprising Justice Ashwani Kumar Mishra and Justice Deepak Verma directed the registry of Allahabad High Court to enquire from the district judge, Bulandshahr as to when the enquiry report has been submitted in the custodial death of one Somdutt alias Sonu Bairagi.
“In the event, such a report is not submitted, the explanation of the judicial officer concerned in that regard shall be placed before the court by the next date fixed as a period of more than one year has expired,” the court added.
While directing to list this case on January 27, 2022 for the next hearing, the court in its order dated January 7 further directed that in the event, such enquiry has not been concluded so far, the same shall be concluded most expeditiously by following the procedure in law.
In the petition filed by Suresh Devi and her husband Ghurmal of Bulandshahr, it has been alleged that their son - Somdutt died in police custody on the intervening night of December 11/12, 2020 after he was arrested by Khurja Nagar police of Bulandshahar in a case under section 366 (kidnapping) of Indian Penal Code (IPC).
In the petition, they have requested the court to direct the authorities concerned to protect the life and liberty of the petitioners as their son was subjected to torture and murder as he had contracted inter-caste marriage out of his own free will.
The petitioners’ counsel Jamil Ahamad Azmi and Ashutosh Kumar Tiwari drew the attention of the court to the provision contained in section 176 (1)A of criminal procedure code (CrPC), which contemplates holding of a judicial enquiry where death is caused in police custody.
It was also stated that no post mortem was carried out and instead the policemen cremated the body contrary to all settled norms.
The additional government advocate (AGA), representing the state government, did not dispute the fact that a judicial enquiry was initiated with a request made to district judge on January 6, 2021 and stated that a report was still awaited.