New Delhi: A Delhi court has directed the registration of an FIR against officials of Shahbad Dairy police station in connection with a case of alleged custodial torture, setting aside an earlier magistrate’s order that had dismissed the plea.Additional Sessions Judge Jagmohan Singh, in an order dated May 21, observed that the magistrate’s decision needed to be overturned as the case involved the analysis of crucial evidence—including CCTV footage and call detail records—that could only be examined by a govt forensic lab, beyond the reach of the complainant and victim.“There is more to the present case than meets the eye,” the court said. It noted that two inquiries conducted by senior police officials could not rule out the allegations of custodial torture faced by the victim, Naveen, during his time in police custody.The court was hearing a revision petition filed by a woman, Meenakshi, who had earlier approached the magistrate seeking registration of an FIR against several police personnel for allegedly torturing her husband, Naveen alias Monu, in custody. Her application had been dismissed in Aug 2019.Meenakshi had named chowki-in-charge Punit Grewal, investigating officer Praveen Kumar, head constable Krishna, some unidentified police personnel, and Dr SN Siddharth of Maharishi Valmiki Hospital in her plea.Observing that the complainant and victim were ordinary citizens while the accused were serving police officials, the court stated, “As per the allegations, the victim, Naveen, was tortured by the accused police officials to commit extortion. Given the seriousness and gravity of the allegations, a thorough investigation is necessary to determine the exact role of the accused officials in the commission of the alleged offences.“Citing a 1997 Supreme Court ruling that described custodial torture as “a naked violation of human dignity and degradation,” the court noted that the alleged conduct of the police officers, if proven, amounted to a violation of the apex court’s mandate and raised serious concerns.Allowing the revision plea, the court directed the station house officer (SHO) concerned to register an FIR within a week.“In view of the seriousness of the allegations, a copy of this order is also to be sent to the deputy commissioner of police (DCP) concerned, who may consider appointing an official not below the rank of ACP to investigate the matter in a time-bound manner,” the court added.
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