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A plea has been moved by the People's Union For Civil Liberties (PUCL) before Allahabad High Court pleading for the Central Bureau of Investigation to take over the investigation in Kasganj custodial death case. Altaf, a 21-year-old laborer had died in police custody on November 9 at Kasganj, Uttar Pradesh.

Additionally, the plea also seeks the Court's directions to the Director-General of Police (UP) along with the District Magistrate and Superintendent of Police of Kasganj to ensure full police protection to the bereaved family of Altaf.

Altaf had died in police custody, a day after he was brought in for questioning following a complaint filed by a girl’s father, who alleged that Altaf had sent his minor daughter to Delhi with his friend. 

The Kasganj Police had earlier claimed that Altaf's death was a suicide, however, after much hue and cry, an FIR was lodged on November 13 at Kasganj Police Station under Section 302 against unidentified police officers.

The UP officials also said that a departmental inquiry and a magisterial probe into the custodial death are being conducted simultaneously.

Stressing that as Altaf's case involves allegations of murder against State police personnel, wherein high officials are and/or likely to be involved and a question of public confidence in the impartial working of the State agencies has arisen, PUCL has sought CBI probe to unearth the truth.

The petition has alternatively asked for the constitution of a High-Powered Committee headed by a sitting or retired Judge(s) of the Allahabad High Court to take over the investigation of this case and to proceed against all the concerned police officers and such other persons found to be involved.

Further, stating that "the death of Altaf and other such persons in suspicious Circumstances in police custody is viewed by any person of ordinary prudence as an institutional killing," PUCL has also called for putting into place a proper framework to deal with custodial death cases. 

To fill the legal lacuna as regards custodial death cases, PUCL has also sought court's directions/guidelines for putting into place a framework for the prosecution of police officers charged with custodial torture/deaths/rapes, in the spirit of the judgment of the Supreme Court in Prakash Singh vs Union of India (2006) case.

Highlighting that hardly any police station in the State of Uttar Pradesh is equipped with CCTV cameras, let alone usage of body-worn cameras or videography during investigations, PUCL has alleged that it is in sheer transgression and mockery of the fundamental rights of the citizens guaranteed under Articles 14,19 and 21 of the Constitution, as also the majesty and dignity of the Indian judicial system.

Therefore, the PUCL has sought the court's directions to the Union and State Governments to install CCTV cameras in all police stations and other such police offices of CBI, NIA, etc., across the state of Uttar Pradesh and otherwise, and file a compliance report within a period of 45 days.

The PUCL has also prayed for, "directions to the Union of India and the State of Uttar Pradesh for the establishment/ constitution/setting up of Fast-Track "Special Police Courts", both at the Central and State level, respectively, to adjudicate upon the FIRs/complaints/petitions as against the police officers, in cases of custodial torture/death/rapes and other such matters against the police personnel."

The plea also demands constitution of "a High-powered Standing Committee headed by the Chief Justice or a sitting or retired Judge of the Court nominated by the Chief Justice to probe or supervise the inquiry/investigation into all the cases of custodial deaths/torture/rapes in the State, involving police authorities."

Cause Title: People's Union For Civil Liberties v. State of UP and Ors