20-year-old dies in Noida police custody, 4 cops suspended

Preliminary investigation against police post in-charge, Bisrakh police station in-charge and assistant commissioner of police has been ordered

A 20-year-old man who was taken into police custody on accusations of rape and sexual assault on Wednesday was found dead at the Chipyana police post on Thursday morning, officials said, adding that four police personnel who were deployed at the post concerned have been suspended from duty for the custodial death of the man.

The victim was a native of Aligarh, who stayed in Chipyana Buzurg village, Greater Noida west. He worked at a bakery in the village and also lived on the premises. (Sunil Ghosh/HT Photo)

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Suniti, deputy commissioner of police, central Noida, said the victim was a native of Aligarh, who stayed in Chipyana Buzurg village, Greater Noida west. He worked at a bakery in the village and also lived on the premises.

“On Tuesday, a complaint was forwarded to the assistant commissioner of police of this area from director general of police (headquarters) in Lucknow, wherein a co-worker, a woman, accused him of rape and sexual harassment at the workplace. As per her complaint, the incident took place about a month and a half ago,” the DCP said.

No FIR has been filed in the matter yet, police said.

Suniti said the personnel at the police post called the suspect for questioning on Wednesday. “On Thursday, at 10am, the man was found dead, hanging from a rope inside the barracks on the premises of the police post. He was taken to a nearby hospital by the police but was declared dead. We are following National Human Rights Commission (NHRC) guidelines in the case and have launched an investigation into the incident,” the DCP said.

The brother of the deceased said the allegations were untrue and that it was part of a revenge plan. “About two months ago, my brother and a woman had a dispute at the workplace, following which the manager resolved the matter. However, the woman continued to hold a grudge against my brother. I met the woman, and she told me she would ensure that my brother landed in jail.”

“On Wednesday afternoon, police took my brother to the police post. I rushed to check what had happened and police told me he is being questioned, and did not let me meet my brother. I stayed there till 10pm,” the brother said.

He alleged that the police officers demanded a bribe of ₹5 lakh from him to let go of his brother.

“I could only arrange ₹53,000 cash and gave it to them. When I said I would get them the rest the next day, they retorted I could take my brother the next day as well,” he said.

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The brother said he went to the police post at 6.45am and then at 8am, but was asked to leave. “At 10 am, I got a call from the police officer, and when I reached there, I saw my brother’s body. If the police had not kept my brother in custody throughout the night and let him go with me, he would have been alive. We are filing a complaint against the woman. I want them to be arrested,” he said.

On a complaint from the family members of the deceased, an FIR was registered against the woman at the Bisrakh police station. “An FIR under Section 306 (abetment to suicide) of the Indian Penal Code has been registered against the woman on the basis of a complaint from the family members of the deceased,” Suniti said.

Police commissioner Laxmi Singh said: “All the personnel posted at the police post, apart from the two under training, have been suspended following the incident. Preliminary investigation against police post in-charge, Bisrakh police station in-charge and assistant commissioner of police has been ordered. Additional DCP of Noida Manish Mishra has been directed to conduct a detailed investigation of the entire incident. Strict action will be taken against whoever is found negligent. A post-mortem examination will be done by a panel of doctors, along with videography.”

When asked about the bribery allegations, she said, “The family has not made any allegation against police officials in their written complaint. They have only submitted a complaint against the woman. Nonetheless, the bribery allegations will also be inquired during the probe”.

Rajeev Kumar Sharma, a human rights and RTI activist, said it was unlawful on part of the police to take the man into custody without filing an FIR in the case.

“The police was acting on the complaint of the woman, but no FIR was registered. In such a case, police can question the suspect, but cannot take them into custody. Keeping the suspect in police custody throughout the night is unlawful. A person can only be kept in police custody when they are arrested, after which, within 24 hours, the police has to produce him/her to a judicial magistrate,” Sharma said.

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“The sole responsibility of a custodial death, whether in police custody or in judicial custody, lies on the state government and the police administration, as per the NHRC guidelines. In such cases, magisterial inquiry is done into the matter. In case of a police commissionerate, where magisterial powers are also with the police, an ADCP-rank officer can carry out the probe. If the deceased’s family members are not satisfied with the inquiry, they can appeal to the state human rights commission or the NHRC,” said Sharma.