"Calculated Assault After Overpowering The Accused": Court Orders Registration Of FIR Against Delhi Police Officials After Allegations Of Custodial Torture

A Delhi Court has ordered for registration of FIR against Delhi Police officials after it was alleged that they indulged in custodial torture and brutally assaulted an accused person in police custody.

Calling the injuries a calculated assault after overpowering the accused, Additional Chief Metropolitan Magistrate Babru Bhan of Rohini Courts directed the concerned Joint Commissioner of Police to ensure that the investigation in the matter is carried out by an agency and officer so that the fairness in the process is ensured.

While the accused person had levelled allegations on the police officials, a complaint on similar allegations was filed by his wife. Accordingly, the Court directed the DCP concerned to register FIR against erring police officials under sec. 323, 342, 506, 509, 354, 429 and 166A of IPC.

Noting that while the police has to perform its task under extreamly dificult circumstances and are repeatedly held accountable for increasing number of underworld and violent gangs, terrorists, drug peddlers, thieves, robbers, dacoits and snatchers, it said:

"Whatever may be the argument, if police resorts to violence to apprehend the accused and adopts custodial atrocities to gather evidence, it is accountable for the violation of fundamental rights as law nowhere permits custodial atrocities for purpose of collection of evidence during investigation."

The facts of the case are that on December 8 at about 5.00 pm, the accused was produced before the Duty MM by the Investigating Officer with an application to remand him in judicial custody. The Court noticed that the accused was trembling during the proceedings and hence insisted the accused to unclothe himself.

There were black and blue bruises and multiple abrasions over the accused's body which revealed that he was subjected to brutal assault. On enquiry, the accused revealed that he was subjected to brutal violence by police officials at Begum Pur police station.

Taking note of the alleged brutal custodial violence, the Duty MM sought intervention of the higher police authorities and called a report from the concerned Joint CP and DCP.

The report of the DCP exonerated the police officials by concluding that there was no police brutality and that the injuries were inflicted upon the accused by his own brother due to a personal quarrel.

While dealing with the matter, the Court was therefore of the view that the allegations leveled by the accused and his wife against the police personnels were not completely bald and baseless and that there was some element of credibility in the same.

"Thus, it is possible that accused was apprehended at 11.00 pm on 08.12.2021 but he was detained in Police Station till morning of 09.12.2021. This conduct of police, if it was the conduct, was not only in violation of guidelines issued by the Hon'ble Apex Court of India in case titled as D.K. Basu Vs. State of West Bengal but also amount to criminal offence of wrongful detention and manipulation of official record," the Court added.

The matter will now be heard on January 3, 2022 for compliance.

Title: State v. Prince Gill