Delhi Court Orders FIR Against Police Inspector, Doctor For Custodial Torture Of Accused And Preparing False Medical Report

A Delhi Court yesterday ordered registration of FIR against a Delhi Police inspector and a Junior Resident Doctor of Indira Gandhi Hospital over custodial torture of an accused and preparation of a false medical report showing no injury to him, respectively.

ACJM Pranav Joshi of Patiala House Courts directed the SHO to conduct investigation in the case and to also probe the role of other police officials found involved in the commission of the offence.

The accused was produced before the Court on April 05 pursuant to his arrest. The inspector sought 10 days of custody remand for him.

It was alleged that the accused was traveling to Kathmandu, Nepal on his voter ID but during scrutiny of his documents, it was revealed that he had gone to UK on his Indian passport but thereafter, obtained Portuguese passport by forging identity of another Indian passport holder.

On interaction, the accused told the judge that he was physically tortured in the police custody. The Court then privately examined him in chambers and found bruises on his arms and feet. The judge was of the view that the prima facie allegations of physical torture were substantiated and refused to remand him to police custody.

The MLC of the accused conducted from Indira Gandhi Hospital showed no injuries on him. However, medical examination report of the jail authorities confirmed that there were injuries over the right sole foot, right and left arms and left shoulder of the accused.

Directing action against the inspector and doctor, the Court observed that the injuries found on the body of the accused directly hinted at custodial violence being committed upon him.

“Custodial violence is not something which is tolerated within the frame work of Indian legal system. It has been consistent view of the Indian Constitutional Courts that physical abuse and violence strikes at the very foundation of the democratic set up where the liberty of an individual is considered sacrosanct,” the judge said.

It added that not only the police officials abused the authority vested in them by law, they also committed cognizable offence.

“The acts of the police officials prima facie attracts section 117/19/126 BNS. Further, the role of the doctor i.e. Dr. Aman Gahlot, Junior Resident of Indira Gandhi Hospital who conducted the MLC of the accused, also appears to have conspired with the police officials. The concerned doctor appears to have deliberately ignored the injury of the accused and prepared a false report in contravention of the provisions of sections 256 BNS apart from conspiracy,” the Court said.

It ordered the Worthy Special Commissioner of Delhi Police, Transport Range to ensure compliance of this order and also ensure a fair and impartial investigation of the case.

“The order be sent to Delhi Medical Council to initiate inquiry against Dr. Aman Gahlot, Junior Resident of the Indira Gandhi Hospital for his misconduct in discharge of his duty as a medical practitioner through SHO PS IGI Airport along with copy of MLC of the accused,” the Court ordered.