SC refuses to interfere with HC order directing CBI to probe alleged custodial death case

PTI, Nov 7, 2021, 4:05 PM IST

New Delhi: The Supreme Court has refused to interfere with an Allahabad High Court order directing the Central Bureau of Investigation (CBI) to probe a case related to the alleged custodial death of a 24-year-old man in February this year.

The apex court dismissed a plea filed by Uttar Pradesh authorities against the September 8 order of the high court which had observed that there was sufficient material on record which prima facie revealed the commission of offence and involvement of higher officers in the conspiracy and creating false evidence to protect the accused.

The Supreme Court said that the CBI shall investigate the matter independently without being influenced by any observation made in the judgment of the high court.

The case pertains to the death of 24-year-old Krishna Yadav alias Pujari who, according to the FIR registered in Jaunpur district, was allegedly picked up by the police from his house on February 11.

It was alleged that the next day information was received that Yadav has died. The matter came up for hearing before an apex court bench of justices Vineet Saran and Aniruddha Bose.

“Having heard S V Raju, Additional Solicitor General, at length and on perusal of the record, we do not find any ground for interference with the direction of the high court for investigation in the matter by the CBI,” the bench said in its October 25 order.

“However, considering the facts of this case, we 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. The special leave petition is, accordingly, dismissed,” the apex court said.

The high court had passed the order directing the CBI to investigate the case in which the FIR was registered on February 12 for alleged offences under various sections of the Indian Penal Code, including 302 (murder).

It cited the FIR lodged on the complaint of the brother of the deceased that said some police officials had come to Yadav’s house on February 11 and took him away with an intent to falsely implicate him and he was detained at the police station.

The high court had noted that the police record claimed Yadav was apprehended while he was driving a motorcycle and that he fell and received injuries.

It had also noted that the police record said after Yadav was brought to the police station, he was sent for first aid and the doctor referred him for treatment to the district hospital but by the time they reached there, he died.

“Perusal of the counter affidavit and copy of the case diary as produced before us …. prima facie shows that 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 evidences are being created and manipulated,” the high court had said in its order, adding, “Fair investigation is the foundation for a fair trial.”