Probe into custodial death case: HC

Prayagraj: Expressing concern over delay in submission of judicial enquiry report in a custodial death case, the Allahabad high court has held that where there is allegation with regard to custodial death, the judicial enquiry cannot be allowed to drag for so long, as “these are instances which have to be viewed with 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, Bulandshahar as to when the enquiry report has been submitted in the custodial death of 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 present writ petition filed by Suresh Devi and her husband Ghurmal of Bulandshahr, it has been alleged that their son Somdutt alias Sonu Bairagi was murdered in police custody in the intervening night of December 11/12th, 2020 while he was in police custody in case crime no. 1181 of 2020 under Section 366 (kidnapping) IPC at police station Khurja Nagar, Bulandshahar district.
In the writ 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. It is contended that the authorities have been most unfair in dealing with the grievance raised.

During the course of hearing, 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, which contemplates holding of a judicial enquiry where death is caused in the custody of the police. It was also stated that neither any post-mortem has been carried out nor the body was buried and instead the policemen have cremated the body contrary to all norms.

The additional government advocate, 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.