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Police versus lawyers’ case: Palwal court asks for independent probe
Bias may creep in during investigations as cops probing the suicide case are colleagues of the deceased, the court said
Observing that a fair investigation may not take place in a case which has practically become the police versus the lawyers, a Palwal court has ordered that the case should be investigated by an independent agency in view of a well-settled principle of law – no one should be a judge in his own cause.
Additional sessions judge, Palwal, Prashant Rana in his June 18 order said that the investigations by the police have not been done in a proper manner.
He said it is desirable that the investigation be transferred to an independent agency or a senior police officer of other district since the first informant, the officer who registered the FIR, and the investigating officers are all colleagues of the deceased working in the same district, and a fair investigation may not be possible in such circumstances.
“Bias may creep in during investigation as has apparently happened in the present case. Without fair investigation, there can be no fair trial or even proper adjudication of the present bail application,” the court held.
What’s is the case against cops
Three Palwal lawyers were pursuing a case of custodial torture allegedly committed by four cops. The court had summoned the cops for committing custodial torture and causing injuries to one of the lawyers, Manjeet. A government doctor is also facing trial along with the cops as he gave a false and fabricated medical report citing no injury during the custody. During a court ordered fresh medical examination of the lawyer, eight injuries were found. Accordingly, the police officers and the doctor were summoned by the court to face trial for custodial torture and submitting a forged medical report.
Accused cop committed suicide, lawyers booked
After one of the court hearings on May 9, an exempted assistant sub inspector, Suresh, who was an accused in the case, was found hanging on May 11 at Hathin police post in Palwal.
The cop did not leave any suicide note and never made any complaint against the three lawyers. A cousin of the deceased cop, however, made a complaint that on May 9 he was present in Palwal court and saw that the three lawyers made caste-related derogatory remarks against Suresh and demanded ₹50 lakh. He alleged that the cop committed suicide on account of harassment caused by the three lawyers. The lawyers were thus booked for committing caste-related atrocities on the deceased police officer and abetting his suicide.
They filed an anticipatory bail on the grounds that they never met the deceased on May 9 and no such incident took place. They alleged that complainant has been planted after the incident by the cop colleagues of the deceased to build pressure for effecting a compromise in the case pending against them.
The lawyers also pleaded in their bail application that the complainant is a resident of Rewari and was not present in the Palwal court on May 9. They pleaded that he has two mobile phones, which he has deliberately denied in the FIR, just to conceal his location.
They also pleaded that the investigating officer has taken the May 9 CCTV footage of the court compound which showed that the lawyers and the police officer never met on that day and no such incident of harassment took place.
After the prosecution filed reply to the bail application, the court of additional sessions judge Rana observed that the investigating agency has not worked in a proper manner.
He also observed that as per the FIR, the first information was received at 6.15pm, but the investigating officer was appointed at 5.55pm, which is not possible. The investigating agency did not file any reply in regard to the mobile numbers and location of the complainant at the time of incident, despite the complaint made by the lawyers to the superintendent of police (SP).
The court directed that Palwal SP to look into the matter and make efforts for transfer of the investigations. It was also directed that the investigation be monitored by the Palwal SP in case it is not transferred.
