Greatest Sensitivity Needed In Custodial Death Cases, Judicial Inquiry Can't Be Dragged For Long: Allahabad High Court

The Allahabad High Court has recently observed that in matters, where the allegation is with regard to custodial death, judicial inquiry u/s 176 (1)A CrPC can't be allowed to drag for long as these are instances that have to be viewed with the greatest sensitivity and concern.

The Bench of Justice Ashwani Kumar Mishra and Justice Deepak Verma observed this while hearing the plea of one Suresh Devi whose son was allegedly murdered in police custody in December 2020.

The case in brief

The mother of the alleged custodial death victim had moved the Court with a prayer to protect the life and liberty of the petitioners, submitting that their son was subjected to torture and murder, as he had contracted inter-caste marriage out of his own free will.

Importantly, the attention of the Court was invited to the provision contained in Section 176 Cr.P.C., sub Section (1)A CrPC which provides for holding of a judicial inquiry where death is caused in the custody of the police.

Lastly, it was submitted that neither any post mortem has been carried out nor the body has been buried, and instead the police personnel cremated the body contrary to all settled norms.

On the other hand, the AGA didn't dispute the fact that a judicial inquiry was initiated with a request made to District Judge on 06.01.2021 and stated that a report is still awaited.

Agaisnt this backdrop, noting that more than one year has expired, the Court directed the Registry to enquire from the District Judge, Bulandshahar as to when the inquiry report has been submitted in the matter and, in the event, such a report is not submitted, the explanation of the Judicial Officer in that regard shall be placed before the Court on January 27 (the next date of hearing).

The Court also added in the end that in the event, such inquiry has not been concluded so far, the same be concluded most expeditiously by following the procedure in law.

Case title - Suresh Devi And Another v. State Of U.P. And 13 Others

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