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On the plea filed by father of the deceased, namely Altaf, in the Kasganj custodial death case, the Allahabad High Court on Thursday directed the Superintendent of Police, Kasganj to file response within ten days.

The Bench of Justice Mahesh Chandra Tripathi and Justice Subhash Vidyarthi sought SP's reply on the plea moved by Chand Miyan (Altaf's father) that essentially seeks a CBI probe into the case. Miyan has alleged that as the crime involves the police itself, he and his family face grave danger from local police authorities, and have no faith in the State Police and their shady investigation.

Miyan has alternatively sought direction for constitution of a Court Monitored Special Investigation Team (SIT) to take over the investigation in the Case and to proceed against all who are found to be involved in the matter.

Altaf, a 21-year-old laborer died in police custody on November 9, 2021, at Kasganj, Uttar Pradesh a day after he was brought in for questioning following a complaint against him for kidnapping a minor girl. The police earlier claimed that he had committed suicide by tying himself to a 2 to 3 feet high pipe. However, after much hue and cry, an FIR got lodged on November 13 at Kasganj Police Station under Section 302 against unidentified police officers.

In his plea filed through Advocate Mohd. Kumail Haider, Altaf's father has alleged before the Writ court that in the horrendous death of his son, guilty and responsible also include police officers holding high rank in police administration and affairs in Kasganj. He has expressed this reservation as well that because of such officers' involvement, it would be an arduous task to have the police machinery to act against such high functionaries, much less, against their own colleagues and brothers. 

The plea states that after Altaf's death, Miyan was threatened and coerced by the police to put his thumb impression (as he is illiterate) on a declaration/letter which stated that Altaf was taken to the police station for questioning only, where he hung himself due to 'depression' and Miyan had no grievances against the police officer involved. 

The plea adds that on the face of it itself, the letter is a classic case of a false, fabricated document as neither Miyan was a witness to Altaf's death nor being an illiterate laborer he is likely to use specific sections of IPC and quite urbane words like 'depression' in any of his declarations. 

Miyan has also alleged that the post-mortem report also appears to be dubious and manufactured. He demands that it needs to be ascertained that whether the officials preparing the Post mortem report were within the vicinity of their job to suggest the conclusion on the point of weapon used or not used to kill the victim. 

However, after perusing the plea, the bench opined that before proceeding further in the matter, the SP, Kasganj should file his affidavit and issued direction for the same. The bench also directed that rejoinder affidavit, if any, may also be filed within three days thereafter.

Earlier, on another plea moved by the People's Union for Civil Liberties (PUCL) which also pleads for CBI investigation into the case, the division bench comprising Chief Justice Rajesh Bindal and Justice Piyush Agrawal remarked that the case is only a month old, therefore police investigation should be allowed to take its course. Accordingly, the bench has adjourned the matter till January 28. 

Case title - Chand Miyan v. State of Up And 5 Others