“S.P. Jaunpur was also part of the conspiracy,” averred before Allahabad High Court in Custodial death case of 24-Year-old man

In a matter pertaining to the alleged custodial death of a 24-year-old man, it was submitted before the Allahabad High Court recently that the Superintendent of Police, Jaunpur was also party to the conspiracy in the murder of the deceased.

Counsel for the petitioner referring to the Investigating Officer’s counter-affidavit of September 1, 2021, submitted that SP, Jaunpur has also been influencing and tempering the evidences.

For supporting this contention, the petitioner’s counsel relied upon SP’s reports to the District Magistrate, Jaunpur and District Judge, Jaunpur on February 12, 2021 and alleged that in these reports, on the very next day of the incident the SP tried to build up a story that the deceased was beaten by a passersby and the police brought him to CHC, Naupedwa, Jaunpur.

As per SP’s reports, in CHC, Naupedwa the doctor referred the deceased for better treatment to District Hospital and in District Hospital where he died during treatment.

Petitioner’s counsel further alleged that there was another story developed by the police based on manipulated/ manufactured district hospital's slip, according to which the deceased was brought dead.

He contended that that no paper had been filed along with the counter affidavit to indicate that the deceased was ever admitted in District Hospital, Jaunpur.

Therefore, he argued that the District Magistrate was either misled by the Superintendent of Police, Jaunpur or was negligent enough to sign the joint report dated February 12, 2021 and submitted that the deceased was murdered by the accused policemen.

However, taking these submissions on record, the Bench of Justice Surya Prakash Kesarwani and Justice Gautam Chowdhary held,

“Be that as it may, since the C.B.I. is investigating the matter, therefore, we do not find it appropriate to make any observation with regard to the submissions of learned counsel for the petitioner.”

This matter relates to the alleged custodial death of a young boy aged about 24 years in February this year, who was forcibly taken away from his house to the police station by the Police, allegedly, with an intent to implicate him falsely and thereafter, was detained at the police station.

It is alleged that thereafter when the policemen brought the deceased with them, he was not even able to stand and was loudly crying and calling out her mother to save him otherwise the police would kill him.

When the brother of the deceased (the informant) went to the police station, he was not allowed to meet his brother, and the following morning, he received information that his brother had died.

Thereafter, a case was registered against the accused police officers under Sections 302, 394, 452 & 504 I.P.C on February 12, 2021.

On the contrary, the police had claimed that the deceased was apprehended while he was driving a motorcycle that fell, due to which he received injuries. Police had said that as he could not flee away and the public had beaten him up.

It was averred by the police that when the deceased was sent for first aid along with a Sub Inspector and two constables, the Doctor at the CHC referred him for treatment to District Hospital, Jaunpur, and by the time they reached the District Hospital, he had died.

In the aftermath, due to custodial death, a judicial inquiry was entrusted in the matter to the Chief Judicial Magistrate, Jaunpur, who recorded the statements of 16 witnesses, however, couldn’t reach any conclusion.

Thereafter, the Allahabad High Court on September 8 transferred the probe to the Central Bureau of Investigation (CBI) as it prima facie found that officers of the I.P.S. rank had some involvement in the murder/death of the deceased.

Noting that there were contradictions in the statements given by the police officials before the Judicial enquiry and statement submitted in the court, the court had observed, "…entire effort of the police is to somehow give clean chit to the accused and for this purpose important evidences are being left and some pieces of evidence are being created and manipulated.”

In continuation of the proceedings, on October 7, Deputy Superintendent of Police, C.B.I., SEB, Lucknow submitted a report in a sealed cover which indicated that investigation is being conducted by the C.B.I.

After perusing the aforesaid progress report, Court returned it to CBI instructing that it would be ensured that the progress report of investigation is not leaked to accused persons or any other person.

Directing thus, the court adjourned the matter till October 27, 2021 for further hearing asking it to be put up in the additional cause list on that date.

Case title - Ajay Kumar Yadav v. State of U.P. and Another