Prayagraj: Expressing concern for delays in submitting a Judicial Investigation report in the case of Custodian’s death, Allahabad High Courc has held that there are accusations related to custodian deaths, judicial investigations cannot drag so long, as “this is an example that must be seen by sensitivity and care “.
Hearing the writing petition submitted by one Suresh Devi and Ghurmal, a division bench consisting of justice Ashwani Kumar Mishra and Deepak’s justice Verma directed the registry from the High Court of Allahabad to ask from district judges, Bulandshahar anytime in the death of Somdutt’s custodial alias Sonu Bairagi.
“In the event, such reports were not submitted, the explanation of the manifestation of the concerned justice in this case would be placed before the court on the next date remained as a period of more than one year ended,” the court added.
While directing to register this case on January 27, 2022 for the next hearing, the court in the order of January 7 was further directed that in the event, the investigation has not been concluded so far, the same thing will be inferred quickly by following the procedure in law.
In the WRIT petition was now submitted by Suresh Devi and her husband Ghurmal from Bulandshahr, it was alleged that their son Somdutt aka Sonu Bairagi was killed in police custody on the night intervention 11/11 December 20020 when he was in Case Crime Case no.
1181 of 2020 below section 366 (kidnapping) IPC at the police station Khurja Nagar, Bulandshahar District.
In a written petition, they have asked the court to direct the authorities concerned to protect the lives and freedom of the Petitioners because their sons were targeted torture and murder when he had contracted his own caste marriage from his own free will.
It is said that the authorities have been at least fair in handling complaints raised.
During the hearing, Jamil Petitioner’s adviser Jamil Ahamad Azmi and Ashutosh Kumar Tiwari attracted the attention of the court for the provisions contained in Section 176 (1) A, which contemplated the judicial investigation in which death was caused by police custody.
It was also stated that no post-mortem was carried out and the body was buried and vice versa police had cremated the body which was contrary to all the norms.
Extra government advocacy, representing the state government did not deny the fact that judicial investigations began with requests committed to district judges on January 6, 2021 and stated that a report was still awaited.