The Hindu : Judge censures CoD for tardy probe

Online edition of India's National Newspaper
Sunday, Nov 17, 2002

Southern States

Southern States - Karnataka

Judge censures CoD for tardy probe

By Our Staff Correspondent

TUMKUR NOV. 16. The Principal Sessions Judge, Tumkur District, Jawad Rahim, has censured the Corps of Detectives (CoD).

The judge has expressed doubts about the integrity of the CoD officer investigating the custodial death of a youth here last month. He has also directed the Public Prosecutor to advise the CoD to be more serious in its investigation.

Mr. Rahim pronounced his judgment on applications for anticipatory bail by seven police officers in the case on Friday. The judgement was full of strictures against the CoD.

Vasant Kumar of Jabagonahalli of Arsikere taluk in Hassan District was found dead in the New Extension Police Station here on October 4.

The CoD, which began an investigation two days later, filed the First Information Report (FIR) against seven police officers on October 31. Expressing displeasure at the way in which the CoD had failed to submit information to the court, the judge said the FIR was filed under sections 324, 343, and 384 of the Indian Penal Code, though the mysterious circumstances under which the youth was found dead and the ample number of witnesses attracted sections 302 and 304.

The court had waited for two weeks, but the CoD failed to submit additional/supplementary FIR in the case. Post-mortem report and related medical reports were not furnished to the court properly. Even the case diary was not produced before the court, the judge said.

Mr. Rahim told the Public Prosecutor, S.N. Patil, that the CoD investigation was not conducted by a constable, but by a Deputy Superintendent of Police, G. Anand. During the course of the hearing, the investigating officer failed to bring before the court any new information, although he had collected fresh evidence. His conduct was questionable and the court doubted his integrity, he said.

Admonishing the Public Prosecutor for tolerating the lapses by the investigating officer, Mr. Rahim said every official involved and the agency should understand that the custodial death of a youth was being investigated and evince seriousness in the matter.

Mr. Rahim said the court, however, could not remain a silent spectator. The court had taken cognisance of statements by several witnesses on its own, though the agency had not brought them before the court, and the officer was trying to be lenient towards the perpetrators of the crime, he said.

He said the police officers at the New Extension Police Station had violated the Supreme Court's 11-point charter for the arrest of a person in bringing the victim to the station. The police officers in charge of the crime section should be held responsible.

The judge granted anticipatory bail for three weeks to N. Srinivasa Murthy, Inspector, Vinod Bhat, Sub-Inspector, Venkatappa, Assistant Sub-Inspector, and Karim Sab, constable, and rejected the bail application of Lakshminarasimhaiah, Sub-Inspector, Siddarangaiah, head constable, and Rajanna, constable.

Justifying the differentiation, Mr. Rahim said the four who had been granted bail were not involved in assaulting the youth, while the evidence proved that the other three had beaten him up.

The victim's father, Basavaraju, demanded that the probe be entrusted to the CBI.

L.R. Narayanachar, human rights activist, said he had written to the National Human Rights Commission to order an independent inquiry into the custodial death of the youth.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

Gang selling adulterated oil busted

Karnataka Tamils still deprived of entertainment

Convene NDC to discuss linking of rivers: Krishna

Bommai calls on Hegde

Contract farming gaining ground

Judge censures CoD for tardy probe