The Delhi High Court has dismissed allegations of torture, illegal and wrongful confinement and violation of the procedure for summoning a witness during recording of evidence of Anant Brahamchari by the National Investigating Agency (NIA) in the Malegaon blasts case of 2008 in which RSS volunteer Pragya Singh Thakur is an accused, saying that these are baseless allegations.
Brahamachari, who claims to be a “ dharma bhai'' of Pragya, had moved the High Court accusing the investigating officer of the investigating agency of illegally and wrongfully confining him, subjecting him to torture and summoning him for recording of evidence in the case in violation of the Criminal Procedure Code and the Supreme Court guidelines governing treatment of a person after his or her arrest by an investigating agency.
He had argued that the Apex Court guidelines also applied to a witness.
He alleged that he was summoned for recording of evidence without issuing a proper notice under Section 160 of the Criminal Procedure Code and not permitted him to have a lawyer to accompany him to the NIA headquarters during his interrogation.
He also questioned the jurisdiction of the investigating officer to summon him for recording of his evidence at its headquarters in Delhi as he could only exercise his powers in the police jurisdiction where he was residing and its adjoining police station.
He also charged the investigating officer with subjecting him to so much of mental and physical torture that he was driven to commit suicide.
He had asked for a judicial inquiry into alleged torture and appropriate action against the investigating officer and compensation.
However, Justice Mukta Gupta dismissed all his allegations of torture and illegal confinement, saying that the records showed that a lawyer had accompanied him during the recording of evidence and the NIA Act empowers an investigating officer to act as a police officer for probing the scheduled offences throughout the country.
She also dismissed the charge of suicide as no poisonous material was found in the gastric lavage test of the witness.
Dismissing the petition, Justice Gupta said: “In the facts of the case……., I find no merit in the present petition. The petition is dismissed. Since the petitioner has knowledge of all the facts, he is alleging, he would be at liberty to file a criminal complaint, if so advised.''