Court Directs Swift Judicial Probe Under Section 176(1-A) Cr.P.C. Following Claims of Torture and Antemortem Injuries in Police Custody
In a landmark decision, the Allahabad High Court has mandated a judicial inquiry into the alleged custodial death of an individual while under the custody of the Special Task Force (STF) personnel. The division bench, comprising Justices Rajesh Singh Chauhan and Ram Manohar Narayan Mishra, ruled that a judicial inquiry under Section 176(1-A) of the Criminal Procedure Code, 1973, is compulsory in instances where there are allegations of foul play or torture, even if prior inquiries have been conducted by other authorities.
The petitioner, Jhanvi Singh, approached the court seeking a direction for a judicial inquiry into the death of her family member, who reportedly died in police custody. The post-mortem report indicated antemortem injuries, and the family alleged that the death was a result of torture by the STF personnel.
Previously, inquiries were conducted by the Sub-Divisional Magistrate, who concluded that the death appeared natural, attributing it to a heart attack. However, the High Court emphasized the necessity of a judicial inquiry due to the serious allegations of torture and the presence of injuries documented in the post-mortem report.
The court directed the District and Sessions Judge of Pratapgarh to ensure that the Chief Judicial Magistrate conducts the judicial inquiry within six weeks. This directive underscores the court's commitment to ensuring accountability in custodial deaths, especially where allegations of misconduct by law enforcement are concerned.
The judgment also referenced a report from the National Human Rights Commission, which highlighted the need for judicial inquiries in cases where there is reasonable suspicion of foul play in custodial deaths. The court's decision aligns with the statutory requirement under Section 176(1-A) Cr.P.C., which mandates a judicial inquiry in cases of death or disappearance in police custody.
This ruling is significant as it reinforces the legal framework aimed at safeguarding human rights and ensuring that allegations of custodial torture are thoroughly and independently investigated.
Bottom Line :
Judicial inquiry under Section 176(1-A) Cr.P.C. is mandatory in cases of custodial deaths where allegations of torture or foul play are raised, irrespective of prior inquiries by Executive Magistrates or other authorities.
Statutory provision(s): Section 176(1-A) of the Criminal Procedure Code, 1973
Jhanvi Singh v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2966463
