sc-to-hear-plea-for-fir-against-haryana-police-in-custodial-death-case

Supreme Court will hear plea demanding filing of a criminal case against Haryana police in whose custody a 32-year-old man had died in 2013 in the state's Faridabad district. 

 

The plea has been filed by Anand Rai Kaushik, the brother of the deceased, acting on which a bench of justices Sudhanshu Dhulia and PB Varale has issued notice to the Haryana government and the state's director general of police. The next hearing is scheduled for July 26.

 

The plea challenges the November 28, 2023 order of the Punjab and Haryana High Court. The high court had dismissed Anand's plea for registration of a criminal case and transfer of investigation to the CBI or any other probe agency. 

 

The petitioner has claimed that his brother, Satender Kaushik, died in the custody of the NIT police station in Faridabad on July 25, 2013. He also claimed that his brother was taken into custody by police without any FIR against him on the complaint of a hotel manager over alleged non-payment of the bill. 

 

Police have, however, claimed that the victim died after hanging himself from a window of the police station' toilet. 

 

The petitioner has said that the high court erred on facts as well as the law in dismissing the petition under Section 482 of the Code of Criminal procedure for directing an investigation into the matter when admittedly it was a custodial death. In addition, the custody of Satender Kaushik was illegal when no FIR was registered in the case, it said. 

 

It said the high court ought to have seen that the death had taken place in police custody and that neither an FIR was registered nor any proper investigation had taken place. 

 

On November 28 last year, the high court had noted that on March 11, 2015, an order was passed by a co-ordinate bench after perusing the judicial enquiry report, all the relevant daily diary reports of the police station, and the postmortem report prepared by a board of doctors, and it was apparent that there was no foul play in the present case. It was not required to get the FIR registered to initiate the investigation, it had noted. 

 

HC's order had also noted that the co-ordinate bench had taken a lenient view and directed for payment of compensation as the death had occurred in police custody. 

 

It had said the petitioner, however, had refused to receive the compensation amount from the District Legal Service Authority, Faridabad, and also from the National Human Rights Commission.

 

"Apart from that, the petitioner never challenged the order dated March 11, 2015, passed by this court, whereby this court had observed that no foul play had taken place in the present case and the prayer of the petitioner to get the FIR registered to initiate the investigation was specifically declined by this court. Only an application was filed after three years, on December 7, 2018, for recalling the order dated March 11, 2015, passed by this court," the high court had said. 

 

While dismissing the plea for registration of the criminal case, the high court had said such an application for reviewing the order dated March 11, 2015, was not at all maintainable and that too without any lawful justification as no reasons were mentioned in the said application for recalling the order passed by this court.