Kasganj Custodial Death: Allahabad High Court Issues Notice On PUCL's Plea Seeking Establishment Of Fast-Track Police Courts

The Allahabad High Court today sought reply of the Uttar Pradesh Government, Union Government, and others on a plea filed by People's Union For Civil Liberties (PUCL) seeking the establishment of Fast-Track Special Police Courts into the Kasganj Custodial Death Case wherein one Altaf allegedly died by suicide by tying himself to a 2 to 3 feet pipe.

The Bench of Chief Justice Rajesh Bindal and Justice Piyush Agarwal heard the matter and asked the petitioner to amend the petition by restricting the plea to the incidents that have taken place in the State of UP.

"You file your petition specific to the incidents in UP, don't give reference to other incidents which have happened in other states of the Country. File an amended plea by the next date. Otherwise, referring to the other incidents that have happened across the country will confuse the Court. You can talk about those issues in the Supreme Court because this Court doesn't have jurisdiction over other states," the Court orally observed.

Importantly, the Court also added thus:

"We will list the matter for January since an FIR has been filed regarding the incident, and the FIR is only one month old, let the police investigate the matter in the usual course, we will hear it next month. Till then the plea be amended."

[Kasganj Custodial Death]

Allahabad HC is hearing PUCL's plea seeking a CBI probe. Hearing before the Chief Justice led bench.

CJ: You file your petition specific to the incidents in UP, don't give reference to other incidents which have happened in other states of the Country pic.twitter.com/E66VEUdgMN

— Live Law (@LiveLawIndia) December 13, 2021

Further, listing the plea for January 28, the Court sought the reply of the respondents on the amended plea, to be filed with the registry. The plea has been filed through and argued by Senior Advocate SFA Naqvi along with Advocates Shashwat Anand and Syed Ahmed Faizan

It may be noted that PUCL has also sought a 2nd Post Mortem on the body of the Kasganj Custial death victim, Altaf.

In the light of the "behemoth of custodial barbarism, plaguing the whole of India since long", PUCL in a petition before the Allahabad High Court has alleged that the theory of Altaf's suicidal hanging is a scientific and forensic impossibility.

While the police have claimed that Altaf died by suicide while in custody, his family has suggested foul play on the part of the police, and therefore, PUCL has moved the High Court seeking CBI inquiry into the case.

Averring that in Altaf's case involves allegations of murder against State police personnel, wherein high officials are involved or likely to be involved and a question of public confidence in the impartial working of the State agencies arises, the plea by PUCL seeks an inquiry and investigation by the CBI to unearth the truth.

"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. Thus, a fair and impartial inquiry is needed to allay the public doubts and perception," the plea averred.

The plea also submits that hardly any police station in the State of UP is equipped with CCTV Cameras, let alone usage of body-worn cameras or videography during investigations, which 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.

Case background

Altaf was found dead at the police station on November 9 and it was claimed by the Police that he had hanged himself with a drawstring from the hood of his jacket, using a water pipe in a toilet that is a couple of feet from the ground.

Altaf, a 22-year-old man was detained by UP police over a minor girl going "missing" in the Kasganj district of Uttar Pradesh, however, she has now been found from Kasganj railway station.

An FIR against unidentified policemen, under IPC Section 302 (murder) has already been lodged at the Kasganj police station in connection with Altaf's death. UP officials have said that a departmental inquiry and a magisterial probe into the custodial death are being conducted simultaneously.