A Delhi court has directed the station house officer (SHO) of IGI Airport Police Station to file an FIR against Inspector Sumit Kumar in an alleged case of custodial torture of an accused in a case of passport forgery.
The accused Nishit Kumar Rajendrabhai Patel, who was produced before the court on April 5 after a fresh arrest, told the judge during an interaction that he was being physically tortured in police custody. During a private examination, Additional Chief Judicial Magistrate Pranav Joshi of the Patiala House Court found bruises on his arms and feet.
ACJM Joshi noted in his order dated April 8 that the “prima facie allegations of the physical torture were substantiated”. The court refused to send the accused to the custody of the Delhi Police, who requested a remand of 10 days.
“The injuries found on the body of the accused directly hint at custodial violence being committed upon the accused. Custodial violence is not something which is tolerated within the framework of the Indian legal system. It has been the consistent view of the Indian constitutional Courts that physical abuse and violence strikes at the very foundation of the democratic set up where the liberty of an individual is considered sacrosanct,” ACJM Joshi said in his order.
“This Court is of the considered opinion that not only the police officials have abused the authority vested in them by law, they have also committed cognizable offence,” ACJM Joshi added.
The judge directed the SHO to register an FIR against Inspector Kumar under sections 117 (voluntarily causing grievous hurt), 126 (wrongful restraint) and 119 (voluntarily causing grievous hurt to extort property) of the Bharatiya Nyaya Sanhita (BNS).
ACJM Joshi also noted that Dr Aman Gahlot of Indira Gandhi Hospital, who conducted the medico-legal report (MLC) of the accused, appeared to “have conspired with the police officials” by “deliberately ignoring the injuries of the accused” by preparing a false report showing no injuries.
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The court also directed the SHO to register an FIR against the doctor under BNS Section 62 (punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment) (read with sections 117,119, and 126). Along with this, the SHO was also directed to file an FIR against the doctor under BNS Section 256 (public servant framing incorrect record to save a person from punishment).
The deputy commissioner of police (DCP), IGI Airport, submitted a report seeking time for conducting a detailed inquiry.
“Considering the circumstances, especially that an accused has been physically abused during custody at the police station…this Court is of the opinion that irrespective of the administrative action that may be taken, a judicial order dealing with the issue is required to be passed,” ACJM Joshi noted.
ACJM Joshi also quoted Abraham Lincoln, the 16th US president, in his order. “If you once forfeit the confidence of our fellow citizens, you can never regain their respect and esteem. It is true that you can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.”
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Patel, who was represented by Advocate Jagdeep Vats, was accused by the police of allegedly forging the identity of various passport holders to travel to various countries like the UK and Nepal, illegally.
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