Concerned by the rising number of custodial deaths in Maharashtra, the Bombay High Court has directed the Director General of Police (DGP) to form a committee to investigate into the causes of the rise. The committee has been ordered to submit a preliminary report within two weeks. “The DGP has been directed to inform the court what steps he will take to curb the problem,” advocate Husain Shaikh said.
The court was hearing a petition filed by one Vikas Kharde, claiming that his brother Akash Kharde (23) died in police custody. “He (Akash) was an accused in a murder case which took place on April 17 this year. He surrendered to the Samta Nagar police station in Kandivali on April 19. But he died on the 22nd,” advocate Shaikh, who filed the petition on behalf of Vikas, said.
“The court had earlier directed an Assistant Commissioner of Police-level inquiry into the matter. The government had told the court that it had suspended four constables and one Assistant Police Inspector who were involved in the case, and that an FIR was registered against them under section 304 of the Indian Penal Code,” Mr Sheikh said.
Section 304 pertains to punishment for culpable homicide not amounting to murder.
The petition claimed that Akash was brought home on April 19 by the Samta nagar police for a search. “At about 23.00 hours, the deceased was brought at home to carry out the search which formed part of the investigation. At that time the deceased Akash was seen limping. The petitioner states that on the garb of investigation, the deceased Akash was beaten up and assaulted by the police officials before he was brought home during investigation,” the petition stated.
It further claimed that Akash was beaten more mercilessly by the police when they did not recover anything during the search operation. They then allegedly took him to Bonanza Industrial Estate in kandivali where he was beaten once more. Another relative who went to visit Akash in police custody, claimed that he was beaten so badly that he could not even walk.
The petitioner claimed that when Akash passed away on April 22, the police officials refused to show his body to the relatives. “For two hours, the police officials did not allow the family of the deceased Akash to see the dead body. Thereafter in the presence of Tehsildar at about 4 p.m. the family members were shown only the face of the deceased – Akash,” the petition stated.
Police had claimed that Akash had fallen in the lock-up, leading to his death.
