Delhi court orders registration of FIR against cops for custodial torture of man
New Delhi Dec 23 PTI A Delhi court has issued directions for registration of FIR against several police officials for alleged custodial torture of a man arrested in a robbery case molestation of his family members and staging a dog fight in his houseEarlier this month a judge had ordered initiation of inquiry against the officials of Begum Pur police station after he found bruises and multiple abrasions on Prince Gills body and saw him trembling when he was produced before the court after his arrest Over a week later the Deputy Commissioner of Police in a report exonerated the officials and submitted that there were no excesses on their part and that Gill received injuries during a quarrel with his brotherThe accuseds counsel however called the vigilance inquiry an eyewash and said that Gill was subjected to brutal custodial violence Gill was apprehended by the police and cash worth Rs 92000 was recovered from his residence along with the bike helmet and fake number plates used during the commission of the robbery The robbery accused along with his wife Gurpreet Kaur Gill alleged that a group of policemen barged into their house on the night of December 8 and staged a dog fight During the dog fight their pet was severely wounded and succumbed to injuries His wife and mother also claimed that the personnel molested them Additional Chief Metropolitan Magistrate Babru Bhan allowed their plea for registration of FIR against the police officials noting that their allegations were not completely baseless or bald and that there was some element of credibility in the same If police resorts to violence to apprehend the accused and adopts custodial atrocities to gather evidence it is accountable for the violation of fundamental rights as law nowhere permits custodial atrocities for purpose of collection of evidence during an investigation he said in an order dated December 22 He further noted that the police officials kept changing their versions on the timing of the arrest of the accused The arrest memo stated that he was arrested at 630 pm on December 9 However when one Sub-Inspector was inquired about the timing he at first said 330 am and then later changed it to 630 am Another officer an inspector said that the time of arrest was 330 am and later said that he was apprehended at 1100 pm on December 8 It is possible that the accused was apprehended at 1100 pm on December 8 but was detained in the police station till the morning of December 9 the judge said adding that this amounts to the criminal offence of wrongful detention and manipulation of official records It is apparent that neither the accused was arrested at the time nor in the manner alleged by the police the judge said adding that the injuries are apparently the result of a calculated assault after overpowering the accused Furthermore the judge turned down the polices contentions that Gill received injuries during a scuffle with his brother and said that the bruises on his buttocks were serious and were possible only when someone is completely overpowered and blows with a blunt object are repeatedly given at the spot which is not possible in a one-to-one fight Accordingly to find out the truth in the allegations of the complainant Gurpreet Kaur Gill and the accused directions are issues to the DCP Rohini District Delhi to get an FIR registered against the SHO Inspector Arvind Kumar SI Nimesh ASI Neeraj Rana Ct Sunny Ct Arun and Ct Vineet and other erring officials he ordered The court directed the FIR to be registered under sections 323 voluntarily causing hurt 342 wrongful confinement 506 criminal intimidation 509 insult the modesty of any woman 354 assault to any women 429 Mischief by killing or maiming cattle 166 A Public servant disobeying law of the IPC The judge said that since the FIR is directed to be registered against the SHO the Joint Commissioner of Police has to ensure that the investigation is conducted by such an officer that fairness can be ensured PTI AAK ZMN
New Delhi Dec 23 PTI A Delhi court has issued directions for registration of FIR against several police officials for alleged custodial torture of a man arrested in a robbery case molestation of his family members and staging a dog fight in his houseEarlier this month a judge had ordered initiation of inquiry against the officials of Begum Pur police station after he found bruises and multiple abrasions on Prince Gills body and saw him trembling when he was produced before the court after his arrest Over a week later the Deputy Commissioner of Police in a report exonerated the officials and submitted that there were no excesses on their part and that Gill received injuries during a quarrel with his brotherThe accuseds counsel however called the vigilance inquiry an eyewash and said that Gill was subjected to brutal custodial violence Gill was apprehended by the police and cash worth Rs 92000 was recovered from his residence along with the bike helmet and fake number plates used during the commission of the robbery The robbery accused along with his wife Gurpreet Kaur Gill alleged that a group of policemen barged into their house on the night of December 8 and staged a dog fight During the dog fight their pet was severely wounded and succumbed to injuries His wife and mother also claimed that the personnel molested them Additional Chief Metropolitan Magistrate Babru Bhan allowed their plea for registration of FIR against the police officials noting that their allegations were not completely baseless or bald and that there was some element of credibility in the same If police resorts to violence to apprehend the accused and adopts custodial atrocities to gather evidence it is accountable for the violation of fundamental rights as law nowhere permits custodial atrocities for purpose of collection of evidence during an investigation he said in an order dated December 22 He further noted that the police officials kept changing their versions on the timing of the arrest of the accused The arrest memo stated that he was arrested at 630 pm on December 9 However when one Sub-Inspector was inquired about the timing he at first said 330 am and then later changed it to 630 am Another officer an inspector said that the time of arrest was 330 am and later said that he was apprehended at 1100 pm on December 8 It is possible that the accused was apprehended at 1100 pm on December 8 but was detained in the police station till the morning of December 9 the judge said adding that this amounts to the criminal offence of wrongful detention and manipulation of official records It is apparent that neither the accused was arrested at the time nor in the manner alleged by the police the judge said adding that the injuries are apparently the result of a calculated assault after overpowering the accused Furthermore the judge turned down the polices contentions that Gill received injuries during a scuffle with his brother and said that the bruises on his buttocks were serious and were possible only when someone is completely overpowered and blows with a blunt object are repeatedly given at the spot which is not possible in a one-to-one fight Accordingly to find out the truth in the allegations of the complainant Gurpreet Kaur Gill and the accused directions are issues to the DCP Rohini District Delhi to get an FIR registered against the SHO Inspector Arvind Kumar SI Nimesh ASI Neeraj Rana Ct Sunny Ct Arun and Ct Vineet and other erring officials he ordered The court directed the FIR to be registered under sections 323 voluntarily causing hurt 342 wrongful confinement 506 criminal intimidation 509 insult the modesty of any woman 354 assault to any women 429 Mischief by killing or maiming cattle 166 A Public servant disobeying law of the IPC The judge said that since the FIR is directed to be registered against the SHO the Joint Commissioner of Police has to ensure that the investigation is conducted by such an officer that fairness can be ensured PTI AAK ZMN
