HC transfers mob lynching victim’s custodial death case to Crime Branch

Bombay HC transfers investigation of a suspected custodial death to Mumbai Crime Branch due to alleged negligence in handling a mob lynching victim's case.

MUMBAI: The Bombay high court on Tuesday transferred the investigation into a mob lynching victim’s suspected custodial death to Unit 4 of the Mumbai crime branch. This decision follows evidence suggesting that the individual accused in a POCSO (Protection of Children from Sexual Offences) offence died in judicial custody on April 27 due to alleged negligence by the police handling the case.

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The victim, Dilip Kurle, was accused of indecently exposing himself to women and children in his neighbouring housing society. He was reportedly bashed by a mob of around 20 individuals from the society before he could be apprehended by the police. He was also allegedly dragged to the police van and was also assaulted by the police during his arrest.

In addition to transferring the case, a bench of justice Revati Mohite Dere and justice Manjusha Deshpande also ordered the seizure of CCTV cameras not only from outside the petitioner’s apartment but also from the police station and KEM Hospital, where the victim passed away. The footage will undergo further examination as part of further investigation.

The incident occurred on April 16, 2024, in Parel village, amidst an ongoing dispute between Kurle and another resident from a neighbouring building. Kurle, after returning home from work around 9:30pm, headed to the terrace as usual, wrapped in a towel after a bath, with a cup of tea in hand. However, he was later discovered unconscious by his daughter and wife, surrounded by about 20 individuals from the neighbouring housing society.

Allegations emerged that Kurle was accused of indecently exposing himself to women and children, triggering a violent assault by the mob.

While Kurle’s daughter was attempting to assist her father, she was also subjected to physical assault, including being struck with stones, bamboo sticks, and iron rods. The assault was reportedly captured on video by the assailants. Despite Kurle’s deteriorating health, the mob allegedly prevented him from receiving medical aid till the police arrived.

Subsequently, police from R A K Marg Police Station arrived at the scene at around 10:30 pm. Kurle was reportedly dragged and assaulted by the police before being taken into custody. He was then charged with the offence of outraging the modesty of a woman, as well as sections of POCSO, while three members of the mob faced charges of causing grievous harm to Kurle.

During his custody, Kurle’s daughter’s requests for medical treatment were purportedly denied by police, even after he fainted around 2:30am on April 17. He was eventually transported to KEM Hospital in Parel where he was admitted for nearly 10 days before he died on April 27 on account of a brain haemorrhage.

Before taking him to the hospital the police allegedly made Kurle’s son sign blank statements to evade responsibility and even threatened to file a case against him if he did not cooperate. It was also alleged that during the hospital stay, the police fraudulently secured judicial remand of Kurle by obtaining his fingerprints while he was in the ICU, further explaining the mischief of the police.

Amid mounting dissatisfaction with the handling of this case, Kurle’s daughter approached the High Court on April 22 through her advocate Prashant Pandey, seeking redress against the alleged wrongdoings.

During Tuesday’s hearing, advocate Pandey pressed for an FIR to be lodged not only against the 20 individuals involved in the assault but also against the police officials allegedly responsible for his death.

However, the additional public prosecutor argued that Kurle died due to mob lynching, absolving the police of responsibility for his demise. Nevertheless, the court, recognising it as a clear case of custodial death, decided to transfer the investigation to the crime branch for further examination.