Kasganj Custodial Death: 'Suicidal Hanging Theory Scientifically Impossible': PUCL Moves Allahabad HC Seeking 2nd Post-Mortem

The People's Union For Civil Liberties (PUCL) has moved Allahabad High Court seeking a 2nd Post Mortem on the body of the Kasganj Custial death victim, Altaf.

In the light of the "behemoth of custodial barbarism, plaguing the whole of India since long", PUCL in a petition before the Allahabad High Court has alleged that the theory of Altaf's suicidal hanging is a scientific and forensic impossibility.

The plea, filed through Senior Advocate SFA Naqvi along with Advocates Shashwat Anand and Syed Ahmed Faizan prays for a 2nd post mortem on Altaf's body after exhumation. The plea also states that there had been no proven case in the world where more than a five-and-a-half feet tall man committed suicide by hanging from about a two-feet high object.

"...in cases of custodial deaths/torture/rapes, in addition to other issues already detailed in the writ petition, there is always a high likelihood of falsification and tailoring of deceptive post-mortem reports, at the behest or under the pressure of the police or concerned authorities involved, as is clear from the Altaf's case at hand and other such instances as detailed hereinafter, which forms a humongous obstacle in the administration of justice. Thus, in such cases it is needful that the post-mortem should mandatorily be conducted by a panel of experts from an independent agency, i.e., not being in service of the State-concerned, with compulsory video-filming and photographing thereof and subsequent submission of the same to the National Crime Records Bureau (NCRB), to be kept as a repository of such records, to be produced before the Court(s) as and when directed/appropriate," the plea avers.

Further, the plea also seeks issuance of general guidelines and directions, among others, for post-mortem in cases of Custodial Deaths to be conducted by experts from an independent Agency, i.e., not in the service of the State concerned.

In the plea, directions have also been sought for compulsory video-filming and photography of post-mortem examinations in case of custodial deaths. The plea is likely to be heard by the Court tomorrow i.e., December 12, 2021.

It may be noted that People's Union For Civil Liberties (PUCL) has already moved the Allahabad High Court seeking a CBI probe into the Kasganj Custodial Death Case wherein one Altaf allegedly died by suicide by tying himself to a two to three feet pipe.

While the police have claimed that Altaf died by suicide while in custody, his family has suggested a foul play on the part of the police, and therefore, PUCL has moved the High Court seeking CBI inquiry into the case.

Averring that in Altaf's case involves allegations of murder against State police personnel, wherein high officials are involved or likely to be involved and a question of public confidence in the impartial working of the State agencies arises, the plea seeks an inquiry and investigation by the CBI to unearth the truth.

"The death of Altaf and other such persons in suspicious Circumstances. in police custody is viewed by any person of ordinary prudence as an institutional killing. Thus, a fair and impartial inquiry is needed to allay the public doubts and perception," the plea averred.

The plea also submits that hardly any police station in the State of UP is equipped with CCTV Cameras, let alone usage of body-worn cameras or videography during investigations, which is in sheer transgression and mockery of the fundamental rights of the citizens guaranteed under Articles 14,19 and 21 of the Constitution, as also the majesty and dignity of the Indian Judicial System.

Case background