Delhi Court Orders Registration Of FIR Against Police Personnel After Allegations Of Custodial Torture

• A Delhi Court, taking note of the demeanour of the accused brought before it, has ordered the registration of an FIR against the Delhi Police Officials after the accused alleged that these police officials had brutally assaulted him. A similar accusation was also made by his wife against the police.
• The Additional Chief Metropolitan Magistrate, Babru Bhan has directed the Joint Commissioner of Police to ensure that the investigation into the matter will be done fairly.
• In the instant case, the accused was brought before the MM on duty by the Investigating Officer. He filed an application for judicial remand of the accused. The Hon’ble Magistrate noted that the accused was trembling. The Court, growing suspicious, asked the accused to remove his clothes. He was beaten black and blue and had numerous injuries on his body.
• Upon further inquiry, the accused revealed that he was subjected to brutal violence by the police at Begam Pur Thana. Taking note of this, the MM called for a report from the concerned DCP, who in his report, gave a clean chit to the police, stating that the injuries on the accused’s body were inflicted by his own brother.
• The Court noted that the accused had been kept in the police station from 11:00 pm on 8-12-2021 till the morning of 9-12-2021, which in itself is a clear violation of the guidelines issued by the Hon’ble SC in DK Basu vs. State of West Bengal. The Court further observed that the aforementioned conduct of the police also amounts to the offence of wrongful confinement and manipulation of official record.
• The Court, while taking note of the fact that the police are under a constant pressure and are blamed for the rise of underworld and violent gangs, drug peddlers, thieves and robbers amongst others, this still does not give them the right to gather evidence by means of custodial violence.
• The Court further observed that if the police reports to these kinds of custodial violence, they would themselves be liable for the violation of fundamental rights of the citizens of the country.
• The Court has, accordingly, asked the DCP to register an FIR against the concerned police officials under section 323, 342, 506, 509, 354, 429, and 166A of IPC.
• The Supreme Court has time and again laid down guidelines for the treatment of accused while in police custody, but we see blatant violations of the same, time and time again. Time has come for taking stringent action against such police personnel who resort to violence on an unarmed, vulnerable detainee for extorting a confession or for gathering evidence.

And now, a question for our aspirants-
The case in which SC has laid down guidelines against custodial violence is___________ .