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The Allahabad High Court today slammed the Superintendent of Police, Kasganj against his failure in filing the long-due response on the plea seeking Central Bureau of Investigation (CBI) inquiry into the Kasganj custodial death case.

Directing the case to be listed as the first case tomorrow, the bench of Justice Anjani Kumar Mishra and Justice Deepak Verma said, "In case the affidavit which was called for, vide order dated December 23, 2021, is not available on record, this Court shall necessarily impose very heavy cost because it is a case where the allegations are of custodial death."

This development has taken place on the plea moved by Chand Miyan (deceased Altaf's father) that essentially seeks investigation of the case by the agency. 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.

During the hearing today, Advocate Mohd. Kumail Haider, appearing for Miyan urged before the court for direction for a second post mortem of Altaf's body. Haidar stressed that a second post mortem needs to be done and the body is already buried underground for two months now. 

It has been alleged that the current post-mortem report appears to be dubious and manufactured. However, court asked Haider to wait till tomorrow before pleading for this interim relief. 

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.

Miyan has alleged that after Altaf's death, he 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. 

However, Miyan has contended that on the face of it itself, the letter is a classic case of a false, fabricated document as neither he 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. 

Case Title: Chand Miyan v. State of Up And 5 Others