Breach Of Duty & Violation Of Human Rights: Punjab & Haryana HC Rejects Anticipatory Bail Plea Of Cops Accused Of Illegal Detention, Custodial Death

The Punjab & Haryana High Court has declined to grant anticipatory bail to policemen accused of custodial death of a detainee, considering not only the mode and manner in which the alleged crime was carried out but also the 'brazen attempts' made to conceal the alleged crime.

Justice Manjari Nehru Kaul said, "It would not be out of place to note that custodial deaths represent a reprehensible abuse of power given the vulnerability of detainees and the unequal power dynamics at play. The loss of life while in custody raises grave concerns about accountability/transparency and the very foundation of rule of law."

It held that the prosecution of the accused officials in such cases is imperative to ensure justice for the victim and his/her bereaved family, and to uphold the integrity and credibility of the law enforcement agency.

Furthermore, the Court said any indication of the involvement of the police officials in such a tragic death cannot be overlooked as it represented a serious breach of their duty and a violation of human rights.

The Court was hearing an anticipatory bail plea by policemen accused under Section 120-B read with Sections 304, 323, 341, 342 of the IPC for the alleged custodial death of a man detained in their custody in a police station in 2020.

The counsel for the policemen contended that they had been unjustly implicated in the case. Counsel for the CBI opposed the petitioners' plea, asserting the gravity of the allegations leveled against them, particularly given the status of the petitioners, who were law enforcement officials.

Considering the submissions, the Court noted that, serious allegations have been leveled against the petitioners of having illegally detained the deceased and subjected him to custodial torture, which led to his death.

During the investigation carried out by the CBI, an eyewitness, Angrej Singh, who was also allegedly detained by the police along with the deceased, gave a statement under Section 164 of the Cr.P.C. implicating the petitioners in the assault on himself as well as the deceased, the Court further noted.

It was further noted that while the policemen submitted that the deceased had left the police station in a fit condition, witnesses to the autopsy had revealed that there were injury marks on the deceased's body.

"The evidence collected by the CBI does prima facie indicate an attempt by the petitioners to have manipulated the circumstances of the crime committed within the Police Post," the Court noted.

Adding that there exists a compelling likelihood of the petitioners exercising undue influence over the two material witnesses, the Court refused the plea due to the manner of the crime as well as the 'brazen attempts to conceal it.'

Consequently, the Court refused to grant the relief of pre-arrest bail.

Citation: 2024 LiveLaw (PH) 48

Charanjit Singh Bakhshi, Advocate with Mohit Rana, Advocate for the petitioners.

Akashdeep Singh, Special Public Prosecutor, CBI.