Custodial death case: Court issues NBWs against 3 cops

Ludhiana: A local court issued non-bailable warrants against sub-inspector Richa Rani and assistant sub-inspectors Jaskran Singh and Charanjit Singh on Saturday in the case of custodial death of recovery agent Deepak Shukla.
The court has already dismissed their revision petition, wherein the cops had sought relaxation in the previous orders in which the court had summoned all three under sections of culpable homicide not amounting to murder and criminal conspiracy, asking them to face trial in the case.
The cops have already been booked for contempt to court, wrongful confinement and disobedience to the orders duly promulgated by a public servant.
Rakesh Shukla, uncle of Deepak, said, “The court had dismissed the revision petition of the cops on April 30. The cops will have to face trial for culpable homicide not amounting to murder and criminal conspiracy too. With the court issuing non-bailable warrants against the three, the Ludhiana police will now have to arrest them.”
While dismissing the revision petition filed by the cops on February 7, the court stated that the preliminary inquiry report of JMIC Palwinder Singh mentioned that Deepak had no history of medical problems. So, it cannot be ruled out that medical complications arose from the alleged torture. “Neither the magistrate nor this court is observing that this opinion is final but certainly prima facie sufficient to form an opinion and to take cognizance,” it added.
The court stated, “There are inherent contradictions and falsehood in the statement of police. Version of the police is that the accused was not admitted by the jail authorities on February 24, 2020, since it was late. But the real reasons were otherwise since there was doubt in the mind of jail doctors as to the medical condition which cannot be brushed aside easily. Further, ASI Charanjit Singh stated before the court of ACJM on March 4, 2020, that though technically he was IO of the case but SHO Rich Rani instructed ASI Jaskaran Singh to conduct all investigation of that theft and snatching case. He stated that he was merely putting signatures on all the documents, but in reality investigation was done by ASI Jaskaran Singh. This procedure is grossly damaging and questionable and goes deep into the matter and establishes prima facie falsehood in the police version.”
The orders added, “When a person is beaten, tortured and died in close proximity of time after he came out from the custody, the court has sufficient power to take cognizance that such death in fact was caused due to the custodial torture. If act and conduct of a police official is such whereby he knows that by such act and conduct death can be caused then offence under section 304 IPC can certainly be attracted. If a prime facie allegation of torture is believed, then such allegation certainly needs trial. Police officials are expected to know that any third-degree torture may result into death. Since death had actually occurred in the present case, the allegations of the complainant side become prima facie truthful and at least trial section 304 IPC read with section 120-B IPC certainly becomes desirable.”
The case diary
The kin of Deepak had accused the police of torturing him for money, which led to his death. The Division 5 police had arrested Deepak on February 22, 2020, for vehicle theft and he was produced before a court, which sent him in two days’ police remand. On February 24, 2020, when Deepak was again produced before court, it ordered his judicial custody. But the cops took him back to the police post, where he was allegedly tortured, and sent him to jail on February 25. The next day, the family received a call that Deepak was unwell and had died. The kin of the deceased had alleged that the cops had demanded Rs 1.25 lakh from them for releasing Deepak and they had also paid Rs 25,000 bribe. The family then approached the court. On its orders, an FIR was lodged against the three cops on August 14, 2021.