BULANDSHAHR CUSTODIAL DEATH: HC seeks additional CS’s affidavit on action taken

The court directed that the affidavit should clarify the actions taken against the officers responsible in the case.

The Allahabad high court has asked the additional chief secretary (home) of Uttar Pradesh government to file his personal affidavit disclosing steps taken by the government following submission of a judicial inquiry report in the Bulandshahr custodial death case.

It has fixed April 19 as the next date of hearing in the case. (FOR REPRESENTATION PURPOSE)

The court also directed that the affidavit should explain the action taken against officers found responsible in the case.

Somdutt alias Sonu Bairagi had died in Khurja Nagar police station, in Bulandshahar district, in the intervening night of December 11/12, 2020 after he was arrested under section 366 (kidnapping) of Indian Penal Code.

The court bench, comprising Justice Ashwani Kumar Mishra and Justice Rajnish Kumar, passed the order after going through the report of the judicial inquiry conducted in the case.

The judicial inquiry report was forwarded to the additional chief secretary (home) by the Bulandshahr district magistrate on January 18, 2022

The mother of the custodial death victim had moved the court, alleging that her son was subjected to torture and then murdered, as he had contracted inter-caste marriage.

Hearing the case on March 25, 2022, the court observed, “Custodial death is a serious matter, particularly when the allegations are found true in the judicial enquiry, and police personnel are responsible for the death of the victim. It is, otherwise, on record that no post mortem was conducted and the body was cremated by police personnel.”

“In matters of this kind, we expect the higher officers to be sensitive to the deprivation of liberty and to immediately take appropriate action, as is warranted in law. We are not convinced with the version of the state that it is a case of suicide by the victim, as the judicial enquiry has come to a different conclusion. Appropriate report ought to have been lodged under Section 154 and investigation ought to have progressed. Claim for payment of compensation also ought to have been considered,” the court added.

Since no such action was taken so far, the court has called upon the additional chief secretary (home) to examine the matter on priority and file his personal affidavit.

It has fixed April 19 as the next date of hearing in the case.