Court rules "reasonable nexus" test not satisfied; custodial violence allegations not protected under legal provisions
In a significant ruling, the Madhya Pradesh High Court has upheld the decision of a trial court denying the protection sought under Section 197 of the Cr.P.C. and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving the alleged custodial death of a young man, Pankaj Vaishnav. The court determined that the "reasonable nexus" test, which is crucial for granting such protection, was not satisfied in this case.
The case revolves around the tragic death of Pankaj Vaishnav, a 24-year-old Class-IV employee at the court of the Special Railway Magistrate, Indore. Vaishnav died while in police custody at the MIG Indore police station on the night of December 19, 2015. He had been brought in for interrogation related to a scooter theft, but his death prompted serious allegations of custodial violence.
The revision petition was filed by Police Constables Rajkumar Dwivedi and Krishna Kumar Patel, along with Inspector M.A. Syed, challenging the trial court's rejection of their application seeking sanction for prosecution. The petitioners argued that their actions were part of their official duties and should be protected by legal provisions that guard public servants from prosecution without sanction.
However, the court, presided over by Justice Gajendra Singh, emphasized that the allegations of custodial violence and death do not satisfy the "reasonable nexus" test required for protection under the cited legal provisions. The court highlighted the absence of any recorded entry or evidence of official duty discharge related to the alleged acts of violence and assault against the deceased.
The judgment also referenced previous decisions by the Supreme Court, which have consistently condemned custodial deaths as severe violations of human rights and a threat to the rule of law. The court emphasized the need for the judicial system to handle such cases sensitively to maintain public faith in legal institutions.
Ultimately, the court dismissed the revision petition, affirming the trial court's decision to proceed with the case against the police officers involved, without the protection of prior sanction. This ruling underscores the judiciary's commitment to addressing custodial violence and ensuring accountability, reaffirming the principle that law enforcement officials cannot act with impunity while performing their duties.
Bottom line:-
Custodial death is one of the worst crimes in a civilized society. Allegations of custodial violence do not satisfy the "reasonable nexus" test required for protection under Section 197 of Cr.P.C. or Section 218 of the BNSS, 2023.
Statutory provision(s):
Section 197 of the Cr.P.C., Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Rajkumar Dwivedi v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2925968
