The Delhi High Court recently called for the expeditious conclusion of a magisterial inquiry into the alleged custodial death of a 32-year-old man in 2023 at Subhash Place police station.
The order came on a petition by the widow of Sheikh Sahadat who had “allegedly died in the custody of the police officials” of Subhash Place station on July 23, 2023. The woman had moved the high court seeking a direction for the registration of an FIR and action against the erring officials. Alternatively, the petitioner had sought that the concerned Inquiry Magistrate who is probing into the “custodial death” be asked to conclude the inquiry expeditiously.
A single-judge bench of Justice Jyoti Singh, in its April 23 order said, “Looking at the facts and circumstances of the case and considering that the Magisterial inquiry had commenced on 23.07.2023 and is still pending and on account of pendency of the inquiry, learned CMM is not proceeding on the application under Section 156(3) Cr.PC, it is directed that the Magisterial inquiry into the death of late Sh. Sheikh Sahadat shall be concluded as expeditiously as possible and not later than 3 months from today.”
The high court further said that it “hopes and expects” that the concerned Magistrate dealing with the inquiry into the alleged custodial death and the concerned Chief Metropolitan Magistrate (CMM) before whom the petitioner’s application under Section 156(3) CrPC is pending will look into the matters with “empathy, sensitivity and seriousness”, and will act “expeditiously”.
The senior counsel appearing for the petitioner said the magisterial inquiry began in July last year and is pending until date, despite the passage of nearly nine months, “with no progress and/or hope of conclusion.”
It was submitted that on the other hand, the petitioner’s application under section 156(3) of the CrPC (wherein a magistrate may order investigation of a cognizable offence) is also pending and the FIR has not been registered.
“Reading of order dated 22.12.2023 passed by learned Chief Metropolitan Magistrate, North West District, Rohini Courts, appended to the petition, reflects that FIR is not being registered awaiting the conclusion of the Magisterial inquiry and the FSL (Forensic Science Laboratory) report ,” the high court order notes.
The petitioner said this shows a “complete insensitivity of the State to a serious issue,” where a 32-year-old person was found dead allegedly in police custody with “black and blue marks of beatings all over his back and chest and swellings on “his hands and legs.” This, the petitioner said, was recorded in a video by the deceased’s family on their visit to the mortuary where the body was lying.
The high court thereafter also directed the CMM – who is adjudicating the section 156(3) CrPC application – to proceed expeditiously in the matter and issue a direction to the FSL director to furnish the FSL report without delay. “Director, FSL is requested to look into the matter and ensure that the FSL report is sent expeditiously to the concerned Court,” the HC said.
© The Indian Express Pvt Ltd
First uploaded on: 04-26-2024 at 14:59 IST
