Allahabad HC Seeks Personal Affidavit Of UP DGP On Plea Seeking FIR Registration In A Custodial Violence Case

The Allahabad High Court last week directed the Director General of Police, Uttar Pradesh to file an affidavit in the criminal writ petition filed seeking the registration of a First Information Report (FIR) in an alleged custodial violence case.

The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma ordered thus after hearing a criminal writ plea filed by one Rashida, Her Husband Mohd. Harun and their daughters, Shama Chauhan and Sonam Jahan

The case in brief

They have alleged that on different dates in June-July 2020, they were illegally detained and suffered custodial violence at the hands of Circle Officer, SHO, and Constable of PS Kairana, Shamli, Uttar Pradesh, and that they used third-degree methods against them like giving them electric shocks and severely beating them.

It has been averred in the plea that the police personnel forcefully entered the Petitioners' house and started pulling Petitioner No. 3 (Shama Chauhan) outside the said house in order to arrest her as well.

When Petitioner No. 1 (Rashida) objected to such arbitrary arrests, the police personnel verbally abused her using sexually colored remarks.

Allegedly, the said police personnel informed Petitioner No.1 (Rashida) that Petitioner Nos. 2 (Mohd. Harun) and 3 (Shama Chauhan) were being taken to PS Kairana for inquiry related to a murder case. 

Significantly, the plea submits that the petitioners were given third-degree treatment and the petitioner no. 3 (Shama Chauhan) was forced to give a statement admitting that her maternal uncle Majid had committed the murder of two women. 

Allegedly, Petitioner No. 2 was beaten using lathis and wooden planks, meanwhile Petitioner No.3 was forced to watch the torture being inflicted upon her father. Petitioner No.3 was given severe blows on her head using wooden planks due to which she fainted and fell on the floor.

Similarly, petitioners numbers 1 and 4 were also beaten by the police in order to coerce them to implicate Majid in the murder case of two women.

The prayers in the plea

Agaisnt this backdrop, moving the Court, the petitioners have sought a court-monitored investigation by an independent agency, such as a Special Investigation Team (SIT) or any other police team of a state other than Uttar Pradesh, and a direction to DGP, UP to hold a departmental inquiry against erring police personnel of PS Kairana responsible for illegally detaining and subjecting Petitioners to brutal police torture.

The petitioners have also sought exemplary damages under Article 21 of the Constitution of India for the physical sufferings and mental agony sustained by them due to the illegal detention and brutal police torture meted out to them.

Syed Farman Ahmad Naqvi, Sr. Advocate, and advocate Zaheer Asghar appeared for the petitioner

Case title - Rashida And 3 Others v. State Of U.P. And 5 Others

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