Custodial Death Case Of A 24-Year Old Man: Allahabad High Court Transfers Case To CBI

(Judicial Quest News Network)

The Allahabad High Court has transferred the probe into the alleged custodial death case of a 24-year-old man to the Central Bureau of Investigation (CBI) as its Prima facie found that officers of the IPS rank have some involvement in the murder/death of the deceased.

A division bench of Justices Surya Prakash Kesarwani and Piyush Agarwal states that the evidence available on record revealed commission of offence by accused policemen, and high-ranking officers had attempted to protect the accused. Therefore, the case be transferred to CBI for further effective and purposeful investigation to discover the truth so as to prevent the miscarriage of Justice.

There is sufficient material on record which prima facie reveal commission of offence by the accused and involvement of higher officers in conspiracy, destroying evidences and creating false evidences to protect the accused. Fair investigation is the foundation for a fair trial. In the present set of facts fair investigation by State Police appears to be not possible in view of all the brief facts and circumstances noted above. The order Stated.

The effort of the police is to somehow give clean chit to the accused and for this purpose important evidences are being left and some evidences are being created and manipulated. The Court added.

The matter related to the alleged custodial death of a young boy aged about 24 years, who was forcibly taken away from his house to the police station by the police party, allegedly, with an intent to implicate him falsely and thereafter, detained him at the police station.

In view of that the fair investigation by the State Police does not appear to be possible, the Court said while transferring the probe to CBI.

The criminal justice system mandates that any investigation into

the crime should be fair, in accordance with law and should not be tainted. It is equally important that interested or influential persons are not able to misdirect or hijack the investigation, so as to throttle a fair investigation resulting in the offenders escaping punitive course of law. These are important facets of the rule of law. The Court said in its order.

The Court has further said that Breach of rule of law amounts to

negation of equality under Article 14 of the Constitution of India. Article

21 of the Constitution of India makes it clear that the procedure in

criminal trials must be right, just and fair and not arbitrary, fanciful or

oppressive.

The plea was filed by one Mr. Ajay Kumar Yadav brother of the deceased Krishna Kumar Yadav alias Pujari.

Pujari was allegedly taken from his house by Police on February 11, 2021 and detained at the police Station. P.S. Baksa, District – Jaunpur, the SOG team and SO Baksa, Ajay Kumar Singh came to the house of the deceased on 11.02.2021 about 03:00 P.M. and took away the deceased with an intent to implicate him falsely and the

deceased was detained at the police station. At about 08:00 P.M. the S.O.

Baksa and other policemen (ten in numbers) forcibly entered in the house of the informant and after breaking lock of the box took away

Rs.60,000/- and other articles and used filthy language against women

family members of the deceased.

Policemen also took away the motorcycle kept in the house and when the informant went to the police station he was not allowed to meet with his brother (deceased) and in the morning, information was received that his brother Krishna Yadav @ Pujari died in police custody who has been murdered by the policemen.

However, as per the police version, the deceased had met with a motor cycle accident and was apprehended when public manhandled him.

Since, it was Due to custodial death, a judicial inquiry was entrusted in

the matter to the Chief Judicial Magistrate, Jaunpur, who recorded

statements of 16 inquiry witnesses. The first set of inquiry witnesses are

the family members of the deceased, the second set of inquiry witnesses

are independent witnesses and the 3rd set of inquiry witnesses are doctors and the policemen including the Sub-Inspector Sunil Kumar Tiwari (IW- 14), Constable Manish Kumar (IW-12) Constable Samir Kumar (IW-13).

The Court has observed the contradictions into the statements given by the police officials before the Judicial enquiry and statements submitted in the court, the Court observed concluded that police story and G.D entries are Prima Facie false and a Criminal act to divert investigation in a wrong direction by manipulating evidences so as to defeat the rule of law and fair investigation.

The Court has also said that the Post mortem report as well as alleged slip dated 12.02.2021 issued by the District Hospital also prima facie appears to have been managed/fabricated. Serious allegations have been made against the police personnel, which cannot be said to be completely without evidence.

Importantly the Court observed that as per the alleged Hospital slip, the deceased was brought dead by the police at District Hospital jaunpur at about 3:45 A.M on February,12 2021, whereas, the Court further noted, the Superintendent of Police Jaunpur and the District magistrate Jaunpur had told NHRC, Delhi and the District Judge Jaunpur that the deceased had died during treatment at 03:35 P.M at the District hospital.

In view of these facts, the court came to the following conclusion entire

effort of the police is to somehow give clean chit to the accused and for

this purpose important evidences are being left and some evidences are

being created and manipulated. But presently we do not want to comment any more since fair investigation is yet to be carried by an independent and impartial Agency.

Although, the court opined that there is sufficient material on

record which prima facie reveal commission of offence by the accused

and involvement of higher officers in conspiracy, destroying evidences

and creating false evidences to protect the accused. Fair investigation is

the foundation for a fair trial. In the present set of facts fair investigation

by State Police appears to be not possible in view of all the brief facts and

circumstances noted above.

Ultimately, whether the accused policemen have committed offence of murder and other offences and whether the then Superintendent of Police, Jaunpur and Circle Officer, Jaunpur were influencing the investigation and are creating false evidences, are matters of investigation.

The is posted for hearing as fresh on September 20 after transferring it the CBI