Suspicious death of accused in police custody
Excelsior Correspondent
JAMMU, Sept 21: In a petition filed by one Sheetal Verma whose son died under suspicious circumstances in Police Station Reasi on 15.12.2010, Justice Wasim Sadiq Nargal has directed that the departmental enquiry be initiated against erring Investigating Officer and three others and same should be completed within one month.
According to the petitioner, her husband Manoj Kumar died because of third degree torture given to him by the police officials in the Police Station Reasi after he was allegedly arrested on 14th of December, 2010 on the charge of keeping illegal liquor.
After hearing both the sides, Justice Wasim Sadiq Nargal observed, “in the enquiry report, the Enquiry Officer has observed that though death was not caused/occurred because of torture or harassment of the police but there was dereliction of duty on the part of those who were deputed to accompany the deceased for his treatment after he fell down in the police station”.
“In the report the names of Yash Paul Head Constable, Constable Safiq Ahmed and Constable Shiv Charan have been named and Enquiry Officer has recommended that the departmental enquiry must be initiated against them”, High Court observed, adding “the findings have been arrived at by the Executive Magistrate after appreciating all the facts, record and also recording statements of family members, police officials and other civilians and also appreciating all the documents which were seized coupled with the medical opinion which was corroborated with other evidence”.
Justice Nargal further observed, “the respondents are relying upon the Magisterial Enquiry conducted by Tehsildar, who has gone in detail and touching all the aspects of investigation”, adding “this court is in agreement with the recommendation/findings of the Enquiry Officer who has given clean chit to the police authorities by holding that death of the deceased-Manoj Kumar has not been caused by the torture or harassment of the police but because of the circumstances which have been narrated and discussed in the enquiry report”.
“In the light of the magisterial enquiry report, nothing survives in the present writ petition and the same, as such, does not survive and, accordingly, is disposed of. The petitioner, is however, is at liberty to challenge the aforesaid enquiry report, if so advised”, High Court said.
However, before parting, Justice Nargal said that since the Enquiry Officer has recommended that there is dereliction of duty on the part of those, who were deputed to accompany the deceased for his treatment as such it is directed that the departmental enquiry be initiated against erring Investigating Officer and three others which should be concluded within a period of one month from today.
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