High Court mandates investigation by Judicial Magistrate following claims of police brutality leading to death, as per guidelines established by the Supreme Court in D.K. Basu case.
In a significant development, the Jharkhand High Court has ordered a judicial inquiry into the alleged custodial death of Mahfuz Ahmad, following accusations of police brutality and torture. The case, titled "Saida Khatoon v. Smt. Vandana Dadel," has raised serious concerns about the adherence to constitutional safeguards and Supreme Court guidelines, particularly those outlined in the landmark D.K. Basu v. State of West Bengal case.
The petition, filed by the family of the deceased, alleges that Mahfuz Ahmad was subjected to severe custodial violence at the Nawa Bazar Police Station and the Superintendent of Police's residence in Palamu. The family claims that Ahmad was illegally detained, tortured, and ultimately succumbed to injuries inflicted during custody.
The High Court, while hearing the contempt petition, emphasized the necessity for strict compliance with the Supreme Court's directives in the D.K. Basu case, which mandates procedural safeguards to prevent custodial violence and ensure accountability. The Court noted the discrepancies in medical records and the timeline of events leading to Ahmad's death, highlighting the need for a thorough investigation.
In its judgment, the High Court directed the Principal District Judge of Palamu to appoint a Judicial Magistrate to conduct an inquiry under Section 196(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The inquiry is to be completed within three months, with a report to be submitted to the Court. This move aligns with recent judicial precedents emphasizing the role of Judicial Magistrates in investigating custodial deaths to ensure impartiality and adherence to statutory mandates.
The case has also brought to light the alleged procedural lapses and the role of various officials in handling the situation. The State's defense, which claims that Ahmad was involved in criminal activities and was injured in a motorbike accident while fleeing police custody, was met with skepticism by the Court, necessitating a judicial probe to ascertain the facts.
This directive is in line with the Court's commitment to uphold the rule of law and protect individual rights against state excesses. The judicial inquiry aims to provide clarity on the events leading to Ahmad's death and ensure accountability for any violations of legal and constitutional protections.
Bottom line:-
Contempt Petition filed for non-compliance with directions in D.K. Basu v. State of West Bengal, alleging custodial violence, torture, and death of deceased under police custody. Judicial inquiry directed under Section 196(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 in accordance with statutory mandate and judicial precedents.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 196, Contempt of Courts Act, 1971 Section 10
Saida Khatoon v. Smt. Vandana Dadel, (Jharkhand)(DB) : Law Finder Doc id # 2929644
