Court directs Kishtwar CJM to probe undertrial’s custodial death

Pointing out that the power to conduct inquiry into a custodial death has been taken away from the Executive Magistrate with effect from June 23, 2006, following the addition of Section 176 (1-A) in the Criminal Procedure Code, he directed the Chief Judicial Magistrate (CJM) to conduct inquiry into the matter, preferably within two weeks.

“On completion of the inquiry, the Kishtwar CJM shall draw a report and keep the statements of witnesses, documents collected and the report drawn by him as part of the case record,’’ Principal Sessions Judge ordered, adding that he should furnish copies of these documents to the investigating officer.

The judge also made it clear that the inquiry held by the CJM shall not be a bar to the police to investigate simultaneously, adding that the investigating officer without being hindered by the CJM’s inquiry shall conduct investigations thoroughly and submit a final report to the jurisdictional magistrate under provisions of Section 173 of CrPC.

The order came in an application filed before Principal Sessions Judge by Jammu and Kashmir District Bar Association, Kishtwar, through its general secretary Amees Mir.

Abdul Latief of Chatroo had died in police custody under mysterious circumstances on March 6.

According to police, Latief was apprehended by a patrol party led by Assistant Sub Inspector Mohammad Ayub Khan at Chatroo’s Parna Chingam area on February 26. He was carrying a white bag in which the police allegedly found 8-9 kg crushed cannabis leaves.

A case under the NDPS Act was registered at Chatroo police station and Probationary Sub Inspector (PSI) Rohit Kumar was deployed to probe it.

The accused was remanded in four-day police custody. Since March 1 was a holiday, he was produced before the Kishtwar Principal Sessions Judge on February 28 and the latter remanded him in eight-day police custody.

On March 6, he allegedly tore the border of a blanket and hung himself from the window of the lock-up room. Doctors had declared him dead on arrival.

The judge observed: “This court, like a trial court, cannot venture upon to resolve the factual dispute… The rival contentions require a thorough investigation to unearth the truth.”

He said while the Deputy SP DAR Kishtwar Police Lines was conducting inquest proceedings, the Marwah SDM was holding inquiry in terms of Section 176 (1) of CrPC. However, both of them have not submitted their reports to date.