New Delhi, Jul 27 The Supreme Court on Monday modified the conditions imposed by a court while granting police custody of a suspended cop accused in an alleged custodial death case in Andhra Pradesh, saying the apprehension of the probe agency regarding the hurdles created in effective custodial investigation was justified.
A bench of Justices Vikram Nath and Sandeep Mehta delivered its verdict on an appeal filed by the Andhra Pradesh government challenging a July 7 order of the state's high court.
The high court had partly modified a July 2 order of a trial court in Vijayawada which granted police custody of the accused, who was a police inspector, subject to a host of conditions.
The bench noted that an FIR was lodged at Vijayawada in connection with the allegations of custodial death of one Gade Sai Krishna on May 6.
"We feel that the apprehension expressed by the investigating agency regarding the hurdles created in effective custodial investigation thereby frustrating the entire process is realistic and justified," the top court said.
It noted that according to allegations, the victim was apprehended on May 6 by task force personnel and he was brought to a police station.
The bench said according to the prosecution, the victim was never produced before the magistrate and many witnesses saw him in the police station with visible injuries.
In June, the Andhra Pradesh government constituted a special investigation team (SIT) to probe the case and the accused was arrested on the 23rd of the month.
The top court noted that the accused was produced before the additional judicial magistrate of first class on June 24 and was remanded to judicial custody and consequently lodged at the central prison, Rajamahendravaram.
It said on June 25, the prosecution approached the court seeking 12 days' police remand of the accused, citing the imperative need to trace the fate of the victim, identify co-accused, recover material evidence and reconstruct the crime scene.
The bench noted that on July 2, the additional judicial magistrate of the first class granted eight days' police custody of the accused to be conducted within the premises of the central prison on several terms and conditions.
Aggrieved by certain conditions imposed by the court, the state approached the high court on the ground that confining the entire custodial interrogation to the central prison at Rajamahendravaram and mandating an omnibus regime of continuous videography impinged upon the autonomy of the investigating agency.
The high court disposed of the state's plea by modifying the July 2 order.
The state then moved the apex court against the conditions imposed by the high court, contending that they directly impinge upon the rights of the investigating officer to conduct an unhindered probe without any restrictions and conditions.
In its verdict, the top court noted that the apprehensions expressed by the accused regarding the threat to his life and personal dignity were taken care of by the high court by commanding that he should not be subjected to any threat, inducement, coercion, physical assault and third-degree methods during the course of custodial investigation.
"In this background, confining the entirety of the custodial interrogation to the central prison, Rajamahendravaram, is neither justified nor sustainable on the facts of this case," the bench said.
It said the investigating officer shall be at liberty to interrogate the accused at the designated interrogation centre of the SIT or any other equivalent facility available with the police authorities at Vijayawada.
It noted that the offence was alleged to have been committed at and in the vicinity of Krishna Lanka Police Station at Vijayawada and the body of the victim remained untraced.
The bench said it was the specific case of the prosecution that discoveries were imminent if the accused was properly interrogated.
While modifying the terms and conditions imposed in the orders passed by the magistrate and the high court, the bench said the period of police custody would commence from the date of production of the accused before the magistrate and would remain in force for seven days.
"The requirement that the process of custodial interrogation, wherever conducted, shall be conducted under CCTV coverage and/ or videographic supervision is retained," it said.
It said the direction given by the magistrate permitting the presence of a lawyer was retained with the modification that such advocate should only be allowed to remain present within the site of interrogation where he can see the accused.
"However, the lawyer shall not be permitted to intervene in the process of investigation at any cost," the bench said.
It said the investigating officer, additional superintendent of police, the SIT members and the superintendent of the jail where the accused is lodged during custody would be jointly and severally responsible for ensuring his safety, life and physical well-being throughout the period of police custody.
"The SIT shall conduct an impartial, fair and scientific investigation strictly in accordance with law, uninfluenced by any observation made in this judgment or in the judgment of the high court, such observations having been made solely for the disposal of the respective proceedings," it said.
