Delhi Court Rejects Police's Plea For Further Police Custody Of Wrestler Sushil Kumar And Associate In Chhatrasal Stadium Murder Case

A Delhi Court on Wednesday turned down Police's plea seeking further 3 days police custody remand of Olympic wrestler Sushil Kumar and his associate Ajay Kumar arrested in connection with the Chhatrasal Stadium murder case of former junior national wrestling champion Sagar Dhankhar.

Metropolitan Magistrate Rashmi Gupta pronounced the order after hearing Delhi Police's Plea seeking further 3 days police custody remand of both the accused persons. With this, the duo will now be sent to judicial custody.

Advocate Praveen Rana appeared on behalf of Sushil Kumar whereas Additional Public Prosecutor Atul Shrvastava appeared on behalf of the prosecution.

The development came after the duo was remanded to further four days police custody in connection with the case. The Court had earlier sent the two to 6 days police custody on May 23 after hearing Delhi Police's Plea seeking 12 days police custody remand of both the accused persons.

Sushil Kumar was arrested from Delhi Police on Sunday morning. His associate, Ajay Kumar, a physical education teacher at Chhatrasal Stadium, has also been arrested and the Police made their arrest from the Mundka area.

The Delhi Police had registered an FIR under sec. 302 (punishment for murder) and sec. 308 (attempt to commit culpable homicide), 365, 325, 323, 341,506, 188, 269, 34 and 120B of IPC along with sec. 25, 54 and 59 of the Arms Act.

Reportedly, Sagar, who had been training at the iconic Chhatrasal Stadium, died while two of his friends got injured after they were allegedly assaulted by Sushil Kumar and some other wrestlers on May 4, at the Chhatrasal Stadium premises in Delhi.

While sending Sushil Kumar and Ajay Kumar to further four days police custody, the Court observed thus:

"No one is above law and law treats everyone equally. Though constitution guarantees the right to life and liberty to all persons whether they are accused or not but that right is also subject to certain exceptions. Moreover, the importance of initial days of investigation to unearth the truth also has to be seen. The court is duty bound to strike a balance between the fairness of investigation and the rights of the accused. In the present situations the allegations against both the accused persons are very grave and serious in nature. Moreover, the involvement of large number of persons in the commission of crime as well as in hiding out of the accused persons, some of which belongs to some notorious gangs stationed in Delhi and outside Delhi are yet to be arrested. Moreover, certain recoveries i.e. mobile phone and clothes of accused persons are yet to be made. As such in the interest of justice deem it appropriate to allow the application of IO to the extent of four days only. Accordingly, both the accused namely Sushil Kumar @ Pehlwan and Ajay Kumar Sehrawat are remanded to police custody for four days. IO is directed to conduct the medical examination of both the accused during the police custody remand as per rules."

Earlier, a Delhi Court had rejected the anticipatory bail plea moved by Sushil Kumar in connection with the case.

Observing that Kumar is a prima facie main conspirator in the case, Additional Sessions Judge Jagdish Kumar ordered thus:

"In the present case the allegations against thea applicant accused are serious in nature. From the perusal of record of investigation so far, it reveals that prima facie the applicant/accused is the main conspirator and FIR is not an encyclopedia. The investigation is still going on and some of the accused persons have not been arrested so far. The NBWs has already been issued against the applicant/accused. The Court is not making any observations on the facts as submitted before Court because it is the stage of anticipatory bail and giving any observation may prejudice the parties vice versa. The statement of the eye witnesses are there. So at this stage, the Court does not inclined to grant anticipatory."