Uttar Pradesh: HC seeks status report on magisterial probe into Kasganj custody death case

PRAYAGRAJ: The Allahabad high court on Thursday sought a status report on the magisterial inquiry ordered into the death of a 22-year-old youth, Altaf, in police custody at Kotwali police station in Kasganj district of Uttar Pradesh on November 9, 2021.
Hearing a writ petition filed by one Chand Miyan, father of the deceased, a division bench comprising Justice Anjani Kumar Mishra and Justice Deepak Verma directed the government to file a status report of the inquiry conducted by the magistrate by February 8, 2022.
The petitioner had requested the court to direct the Central Bureau of Investigation (CBI) to take over the investigation of this custodial death case and to proceed against all the concerned police officers and such other persons found to be involved. Besides, the court was also requested to direct the constitution of a court monitored special investigation team (SIT) to take over the investigation and also to proceed against all the concerned police officers and such other persons found to be involved.
In addition to the above, the petitioner requested the court to direct the state government to provide a compensation of Rs 1 crore or such sum as this court may deem fit to the petitioner for their failure to prevent the custodial death of the petitioner’s son and also to pass such appropriate orders or directions to ensure security and protection of the petitioner and his family members during the pendency of the writ petition before this high court.
The petitioner, Chand Miyan, who is father of Altaf, has contended that he has no faith in the state police and its investigation into the matter. Hence, he has made a request for a probe by the CBI or a court-monitored investigation.
An interim application was also filed before the court seeking a second post-mortem of Altaf, along with CCTV footage of the police station, where the incident had taken place.
Earlier, on November 10, 2022, the district administration of Kasganj had ordered a magisterial inquiry into the alleged custodial death of Altaf. The police, however, had claimed that he had committed suicide in the toilet of the Kasganj station. Pursuant to the inquiry, five policemen were suspended.
Subsequently, on December 23, 2021, the High Court had ordered the superintendent of police, Kasganj to file a counter affidavit in the matter. After finding that no affidavit was filed on February 2, the court had warned the superintendent of police Kasganj to file the affidavit by the next day, failing which it would impose a heavy fine.
On Thursday, the government advocate informed the court that the affidavit was filed, but had not come on record. Accordingly, the matter was adjourned.