Making a sharp observation on the increase in deaths of detainees in the custody of the police in Maharashtra, the Bombay High Court for the first time took note of it and observed that whereas the police were expected to ensure safety of those in its custody, there ‘commonly seen’ cases of the police violating this principle and tampering with evidence to conceal it.
In the matter being heard, one Raosaheb Laxman Jadhva was brought in to the Karve Naka police chowky in June 17 this year, and was brutally assaulted with sticks and belts. According to the prosecutor, there were six junior officers present at the time, and they were fully aware that some incident was taking place in the police chowky, but had presumed it to be a mode of interrogation and had not reported the assault to any senior officers.
In a hearing on an anticipatory bail application filed by one of the officers, a single-judge bench, Justice Sadhana Jadhav, said, “The documents are fabricated in such a manner that no stone is left unturned to see that the factual position is not brought before the court.” The bench observed there were discrepancies between the FIR filed about the incident and the statement of the eye witness, and that there has been tampering with the evidence. The court noted: “The applicant has fabricated documents to plead alibi at the time when the deceased was in custody. Hence, no sympathy or leniency can be shown to people who take recourse to brutalities and third-decree interrogation for their own benefit.” While rejecting the application, the court said there was sufficient incriminating material against the officer.
The court added, “Custodial deaths are on the rise. Custody by police should in fact ensure safety, whereas the situation is otherwise. People who are entrusted with the work of law and administration have violated the same in discharge of their official duties. In the cases of custodial death, it is commonly seen that the police tamper with the evidence at the very initial stage.”
