[Custodial Death] Madhya Pradesh HC Directs Shifting Of Eye-Witness To Gwalior Central Jail After Allegations Of Harassment By Police

While hearing a case claiming police brutality inside jail premises, the Gwalior bench of the Madhya Pradesh High Court directed the shifting of a man to another jail, who is stated to be the "eye witness" to the alleged custodial death of another person, during the pendency of his case.

A single-judge bench of Justice Milind Ramesh Phadke in his order observed, “Looking to the contentions raised on behalf of the petitioner regarding harassment of Gangu @ Gangaram of the hand of the police officials in and outside Central Jail, Guna prima facie it appears to this Court that Gangu @ Gangaram till further orders of this Court be transferred to some other jail, accordingly, he is directed to be shifted to Central Jail, Gwalior forthwith.”

“Since the safety of Gangu @ Gangaram though an accused is also an eye witness to a custodial death, his safety is the duty of the jail authorities, therefore, Director General of Prisons and I.G. Prisons are directed to examine the matter and if they find any threat to Gangu @ Gangaram in Central Jail Gwalior, where he is being shifted on the orders of this Court, immediate action be taken against the erring officials, with an intimation to this Court,” it added.

The present petition was filed under Article 226 of the Constitution of India seeking full and fair investigation of the offence alleging "torture, sexual abuse and murder" of the deceased, the son of petitioner no. 1 by police officials of the concerned police station.

It was alleged that there had not been proper investigation of the murder of the petitioner's son in police custody and the investigation was not being conducted in a fair and impartial manner. The counsel for the petitioner had prayed for handing over of the investigation to the CBI or to get it conducted by the Special Investigation Team.

On December 5, an application was filed on behalf of the petitioners alleging harassment of the sole eye-witness to the custodial death i.e. Gangaram, was stated to be committed by the police officials.

Moreover, when Gangaram's wife had gone to meet him at District Jail Guna, she was informed by him that few days prior he was taken from District Jail Guna to Government Civil Hospital by the escorts guards where he was beaten up by the guards in the escort van and after reaching hospital he was stripped naked, beaten and threatened again. It was alleged that this threatening was due to filing of the petition before the high court to pressurize him so that he turns hostile in the matter of custodial death.

Thus, the counsel for the petitioner prayed that life of said witness Gangaram in custody was in danger, thus, as an interim measure bail be granted to him in respect of the FIRs registered against.

The counsel for the petitioner further prayed that police personnels should be restrained from contacting the petitioner or their family members and Gangaram in any way directly or indirectly, to transfer Gangaram to house arrest and get him examined and to call for CCTV footage from the hospital visit.

The Government Advocate submitted that in the Magisterial Enquiry Inspector Sanjeet Mavai, Sub Inspector Uttam, Constables Devraj, Vikas and Vikram have been directed to be made accused in relation to the alleged custodial death of the deceased and an FIR was registered against them.

Earlier Yuvraj Singh, Deputy Superintendent of Police was investigating the matter but after the magisterial enquiry the matter was handed over to CID and another Deputy Superintendent of Police is now investigating the matter. Thus, it was argued that since the investigation had been handed over in safer hands the apprehension of the petitioner was baseless.

The court after considering the manner in which police proceeded in the case said, “…it is a case in which definitely investigation should be monitored by the Superintendent of Police, Guna. The Court would also like to observe that it is a case where accountability of the Senior Police Officer may also be required to be fixed administratively. This Court is of the view that the investigation conducted by the CID should be monitored by the Superintendent of Police Guna and the Superintendent of Police Guna shall submit status reports to this Court.”

Thereafter, the court directed to shift the accused to Central Jail, Gwalior as a measure to protect him from abuse in the hands of the police authorities. The court also directed the Director General of Prisons and I.G. Prisons to examine if they find any threat to the accused in the said jail and that immediate action should be taken against any erring officials.

The matter is listed for further hearing on January 28, 2025.

Case Title: Hansura Bai And Others Vs The State Of Madhya Pradesh And Others, WP No. 33416 of 2024

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