NEW DELHI: A Delhi court has directed police to conduct an inquiry into alleged custodial torture of an accused arrested in a robbery case, saying the concerned SHO, placed with the responsibility of “upholding the dignity and liberty of every stakeholder”, had “miserably failed to discharge his duties”.
In an order dated December 9, metropolitan magistrate Vaibhav Chaurasia said it was apparent from the medical report of the accused, that he had injuries on both his feet and “fresh marks of beatings”. The court also noted his “partially swollen” left foot and “red marks” on the lower portion of his back.
“The accused is still trembling,” the court said, adding that the photographs have been shown to the ACP and Begumpur SHO.
The court observed that while it was apparent that the accused was apprehended on December 8, the arrest memo reflected a different date. Further, it said, the investigating officer “consistently changed his version” — he first submitted that the accused was arrested at 3.30am on December 9, but later said the arrest was made at 6.30am the same day.
Similarly, the SHO first submitted that the accused was nabbed at 3.30am but later said during interrogation that he was arrested earlier, at 11pm on December 8, said the court.
“The SHO has been apprised of the fact that a CCTV is placed at the house of the accused. Therefore, he is supposed to state the truth to the court… This is a clear case of custodial violence… the SHO, placed with the responsibility of upholding the dignity and liberty of every stakeholder, has miserably failed to discharge his duties,” the court noted.
The judge pointed to “deliberate omissions on the medico-legal case record”. “The arrest memo states that the accused was apprehended at 6.30am. However, the version of the SHO is different. This is a gross violation of the guidelines passed by the Supreme Court,” he said.
The court directed that a medical examination be conducted in the presence of the counsels of the accused as there were “deliberate omissions and injuries have not been recorded fully”. It directed that a copy of the order be sent to the DCP, Rohini district, and also sought a report from the joint commissioner of Delhi Police (northern range) on action to be taken against erring officers.
The court also noted that the wife and the mother of the accused had alleged that some police officials had barged into their house when they came to arrest him and molested them. “The complaint has been given to the Begumpur SHO for further action,” the court stated.
According to cops, a team from Begumpur police station went to the house of the accused in Rohini on the night of December 8. The accused, they said, locked himself and didn’t open the door despite repeated requests, following which they had to break it down.
At this point, police said, a pitbull belonging to the accused started attacking the team. A bystander’s dog entered the premises and a fight ensued. The accused alleged his dog died later after he was wounded.
A vigilance inquiry was ordered after a purported video of the incident was shared widely on social media. In the video, a woman can be seen pleading with a group of people to take the pitbull away and spare their pet. Some men also allegedly hurled abuses at the family of the accused.
“The police team does not have a pitbull. The dog belonged to another person,” said a senior police official.
Police said the accused was involved in a spate of robberies in Begumpur area on Barwala Road and Rs 92,000 in cash was recovered from his house.
(With inputs from
Sakshi Chand)
