[2022 Custodial Death Case] Have Lodged FIR Against Unknown Police Officials: CBI Tells Punjab & Haryana High Court

The Central Bureau of Investigation (CBI) today, told the Punjab & Haryana High Court that an FIR has been lodged against unknown police officials in a custodial death case that took place in Haryana's Jind in 2022.

"A regular case is therefore registered U/s 304, 323, 324, 120-B IPC against unknown police officials and entrusted to Sh. Vineet Khasa, Inspector, CBI, SCB, Chandigarh for investigation," submitted CBI before Justice Deepak Gupta.

In 2023, a petition was filed by the father of the deceased seeking the constitution of an SIT to probe the custodial death of his son, who was in judicial custody as an accused under the NDPS Act, in Jind, Haryana.

It was alleged that the deceased, Pappi was brutally tortured by the Police on account of which he was admitted to PGI, Rohtak in April 17, 2022 and scummed to injuries on the same day.

Previously the counsel for the petitioner highlighted the post-mortem report, which revealed numerous injuries on the person of the deceased. "Ironically, it is the police administration, who entered into a compromise with the wife of the deceased in the presence of one Minister of Haryana Government and assured not only to conduct the inquiry but also to provide certain financial benefits," the Court noted.

However, It was contended that the petitioner came to know that no case had been registered, nor any inquiry had been conducted.

DGP Haryana submitted that intimation regarding the death of Pappi was sent to the National Human Rights Commission, Delhi and since Pappi had died in judicial custody, inquest proceedings under Section 176 Cr.P.C were conducted by Judicial Magistrate 1st Class, Rohtak.

The Court then noted, "As is evident from the affidavit of the DGP, Haryana and also the judicial enquiry report, these are silent as to how the injuries reflected in the postmortem report were caused. The reports are also silent as to whether injuries found on the person of the deceased, could have accelerated the death of deceased Pappi on account of his disease of diabetes."

Referring to Apex Court's decision in Rubabbuddin Sheikh v. State of Gujarat and others, 2010 the Court transferred the matter to CBI to investigate in December 2023.

Justice Gupta had also noted that "The police was not even ready to register the FIR and when protest was raised by the family of the deceased, compromise...was effected between the family members and the Superintendent of Police, Jind, in which apart from providing certain financial benefits, judicial enquiry was promised and considering that even the DGP, Haryana in his affidavit has not provided reasons for the injuries found on the person of the deceased, this Court finds that the reports/affidavits or the judicial enquiry report do not inspire confidence of this Court and so, assistance of CBI, having expertise in the investigation, is required to be availed. Investigation of the case to CBI is accordingly transferred."

Today, the Court noted that in compliance with the previous order FIR has been registered.

The counsel for the state sought 3 weeks, to file a status report

The matter has been deferred to April 04, for further consideration.

Deepak Vashishth, Advocate for the petitioner.

Sumit Jain, Addl. AG, Haryana.

Ravi Kamal Gupta, Advocate for CBI.

Title: JAINARAYAN VS STATE OF HARYANA AND OTHERS

Click here to read/download the order