Supreme Court Refuses To Interfere With Allahabad High Court's Order For CBI Probe Into A 'Custodial Death' Case

The Supreme Court recently refused to interfere with an order of the Allahabad High Court transferring the probe into the alleged custodial death of a 24-year-old man (from Jaunpur, Uttar Pradesh) to the Central Bureau of Investigation (CBI).

The Bench of Justice Vineet Saran and Justice Aniruddha Bose dismissed the plea filed by the Uttar Pradesh authorities against the High Court's September 8 order, wherein the High Court had prima facie found that officers of the I.P.S. rank have some involvement in the murder/death of the deceased.

However, the Apex Court, in its order, did direct that the CBI shall investigate the matter independently and in accordance with the law without being influenced by any observation made in the judgment of the High Court.

"Having heard Mr. S.V. Raju, learned Additional Solicitor General at length and on perusal of the record, we do not find any ground for interference with the direction of High Court for investigation in the matter by the CBI. However, considering the facts of this case, we direct that the CBI shall investigate the matter independently and in accordance with law without being influenced by any observation made in the judgment of the High Court," the Court's order reads.

The background of the case

The matter relates to the alleged custodial death of a young boy aged about 24 years, who was forcibly taken away from his house to the police station by the Police party, allegedly, with an intent to implicate him falsely and thereafter, detained him at the police station.

In this matter, when the informant (brother of the deceased) went to the police station to meet his brother, he was not allowed to meet with his brother (deceased), and the next morning, the information was received that his brother died in police custody as he was murdered by the policemen.

High Court's Observations

Taking into account the facts of the case, the High Court had come to the following conclusion:

"…entire effort of the police is to somehow give clean chit to the accused and for this purpose important evidences are being left and some pieces of evidence are being created and manipulated. But presently we do not want to comment anymore since the fair investigation is yet to be carried by an independent and impartial agency."

Although the Court opined that there are sufficient material on record to reveal commission of offence by the accused and involvement of higher officers in conspiracy, destroying pieces of evidence and creating false pieces of evidence to protect the accused, the Court, however, did add thus:

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