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Dealing with the plea moved by the People's Union For Civil Liberties (PUCL) in the Kasganj Custodial death case seeking Central Bureau of Investigation (CBI) inquiry, the Allahabad High Court today directed the matter to be listed in January again stating that the matter is only a month old, let the investigation take its course. 

The division bench comprising Chief Justice Rajesh Bindal and Justice Piyush Agrawal directed thus after being informed that the matter has been transferred to the crime branch and there is no such grievance against the current investigation course. 

Besides the CBI probe demand, in its recent second petition, the PUCL had demanded a second post mortem on victim Altaf's body stating that the autopsy report of Altaf, at the very face of it, seems to be botched-up and unworthy of any credence and reliance.

The petitioners had alleged 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, a CBI probe is required to unearth the truth.

Further, insisting for a second post mortem the petitioners had alleged that the theory that Altaf had committed suicide by hanging is a scientific and forensic impossibility. Their plea also states that there had been no proven case in the world where more than a five-and-a-half feet tall man committed suicide by hanging from about a two-feet high object.

The petitioner had also argued that in cases of custodial deaths/torture/rapes, in addition to other issues already detailed in the writ petition, there is always a high likelihood of falsification and tailoring of deceptive post-mortem reports, at the behest or under the pressure of the police or concerned authorities involved, as is clear from the Altaf’s case at hand.

Therefore, PUCL had moved the High Court seeking CBI inquiry into the case and a second post mortem. 

Furthermore, to deal with the larger issue of custodial deaths all over the country, PUCL had also prayed the court for issuance of general guidelines and directions, among others, for post-mortem in cases of custodial deaths/torture/rapes to be conducted by experts from an independent Agency, i.e., not being in the service of the State concerned.

It had also been requested that in case of custodial deaths, there should be compulsory video-filming and photography of post-mortem examinations.

However, the High Court has directed the petitioner to amend their petition and limit their prayer to only the State of Uttar Pradesh. The bench said that prayers involving all the States might confuse the matter and the general guidelines cannot be issued for all. 

The matter will next be heard on 28 January, 2021.

Case Title: PUCL thru. Its Secretary, Allahabad Unit Vs State of U.P thru Secretary Home Govt. U.P. and Ors.