Suspicious death of accused in police custody

HC directs departmental enquiry against IO, others

22/09/2022

Jammu, Sep 21: In a petition filed by one Sheetal Verma whose husband was died under suspicious circumstances in police custody of Police Station, Reasi on 15.12.2010, Justice Wasim Sadiq Nargal of Jammu & Kashmir and Ladakh High Court, directed the departmental enquiry be initiated against erring Investigating Officer and three others mentioned above which would be concluded within a period of one month from today.
The petitioner submits that the petitioner is the widow of the deceased, namely, Manoj Kumar who died under suspicious circumstances in police custody of Police Station, Reasi on 15.12.2010. It has been alleged by the petitioner and other family members that the cause of death of the deceased-Manoj Kumar was third degree torture given to him by the police officials in the Police Station, Reasi. Further, stand of the petitioner is that on 14th of December 2010, deceased-Manoj Kumar had gone outside in the evening and didn't come back in the night and on 15th of December 2010 i.e. next day, someone from the market intimated the petitioner and other family members of the deceased that their son (Manoj Kumar) had been taken by the police officials in a gypsy towards the District Hospital, Reasi. The further stand of the petitioner is that she along with other family members rushed towards the hospital and found deceased lying on the bed unconscious surrounded by three police constables. The petitioner and her family members were informed by the police constables that the deceased-Manoj Kumar has been arrested on 14th of December, 2010 on the charge of keeping illegal Liquor under Section 48 of the Excise Act and during midnight he has got heart attack and fell down straight on his head and during that course deceased met with head injury. It is further urged by the petitioner that during medical examination, Doctor-in-charge, namely, Inderjit Singh had persuaded the petitioner and her family members to take the deceased-Manoj Kumar to Govt. Medical College, Jammu for further treatment. It is stated that the petitioner and the other family members of the deceased approached the S.H.O Police Station, Reasi and requested him to take the deceased to GMC, Jammu as he has been arrested by the police authorities under Excise Act, but the S.H.O concerned refused to take the deceased to Govt. Medical College, Jammu and in the meanwhile, other three constables escaped from the hospital.
Justice Wasim Sadiq Nargal after hearing both the sides, observed that 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 i.e. Investigating Officer and three others, namely, Yash Paul Head Constable, Constable Safiq Ahmed, Constable Shiv Charan for which the Enquiry Officer has recommended that the departmental enquiry must be initiated against the erring Investigating Officer and three others mentioned above.
The findings have been arrived at by the Executive Magistrate after appreciating all the mentioned 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 and the same cannot be gone into by this Court while exercising the power of an appellate authority to reappreciate the evidence/facts while exercising the powers under Article 226 of Constitution of India, Court said.
Court further observed that the respondents are relying upon the Magisterial Enquiry conducted by Tehsildar, who has gone in detail and touching all the aspects of investigation. Justice Wasim Sadiq Nargal further said that 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 said enquiry report.
Court observed that in the light of the aforesaid 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.
Court further observed that, before parting, I would like to add 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 with the Investigating Officer including three others, namely, Yash Paul Head Constable, Constable Safiq Ahmed, Constable Shiv Charan.
Upon this Court directed that the departmental enquiry be initiated against erring Investigating Officer and three others mentioned above which would be concluded within a period of one month from today.

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