New Delhi [India], April 10 (ANI): Delhi’s Patiala House court has directed the Delhi Police to register an FIR against its inspector for torturing an accused in custody. The court also gave direction against a doctor from Indira Gandhi Hospital who had prepared the MLC (medico-legal case).
Additional Chief Judicial Magistrate (ACJM) Pranav Joshi issued a direction to register a complaint against Inspector Sumit Kumar and Dr Aman Gehlot. This direction has been given to the SHO of Indira Gandhi International Airport Police Station.
While giving the direction, the court observed, ” The injuries found on the body of the accused directly hint at custodial violence being committed upon the accused. Custodial violence is not something which is tolerated within the framework of the Indian legal system. “
“It has been consistent views of the Indian Constitutional Courts that physical abuse and violence strikes at the very foundation of the democratic set-up where the liberty of an individual is considered sacrosanct,” the court said.
This incident came to light during the hearing of an application moved by the Delhi Police seeking 10 days’ custody of Nishit Kumar Rajendrabhai Patel.
He was produced before the court on April 5 after a fresh arrest. The accused alleged torture during police custody. The court noted the bruises on the body of the accused. However, the MLC stated otherwise.
After a private examination of the accused, the Court opined that not only have the police officials abused the authority vested in them by law, but they have also committed a cognizable offence.
“Since the commission of cognizable offence has been brought to the notice of this Court which is of such serious magnitude, the same ought not to go unnoticed. The acts of the police officials prima facie attract section 117/19/126 BNS, the court said.
The court further said that the role of Dr Aman Gahlot, Junior Resident of Indira Gandhi Hospital who conducted the MLC of the accused, also appears to have conspired with the police officials.
“The concerned doctor appears to have deliberately ignored the injury of the accused and prepared a false report in contravention of the provisions of sections 256 BNS apart from conspiracy,” the court observed.
The court also said that the alleged act of police officers does not fall in the discharge of public duty.
The court said, ” Needless to mention that the police officials are public servants and the acts prima facie committed by them do not fall within the discharge of their official duties.”
The court also referred to the Apex Court’s decision, which held that acts of abuse of executive powers do not fall within the protection of section 197 Cr.P.C (now 218 BNSS).
“Therefore, this Court directs the SHO PS IGI Airport to register an FIR against Inspector Sumit Kumar under section 117/119/126/62 BNS and against the concerned doctor at Indira Gandhi Hospital under section 62 read with 117/119/126 BNS and under section 256 BNS immediately within 24 hours, ” ACJM Pranav Joshi ordered on April 8.
The court further directed that the SHO investigate the case and investigate the role of other police officials who are found to be involved in the commission of the offence.
It also directed that the Special Commissioner of Police, Transport Range, shall ensure compliance with this order and a fair and impartial investigation of the case.
The court has also directed the sending of the order copy to the Delhi Medical Council to initiate an inquiry against Dr Aman Gahlot for his misconduct in the discharge of his duty as a medical practitioner through SHO PS IGI Airport, along with a copy of the MLC of the accused.
It was alleged against the accused that on 04.04.2025, he was travelling to Kathmandu, Nepal, on his voter ID. However, during scrutiny of his documents, it was revealed that the accused had gone to the UK on his Indian passport but thereafter obtained a Portuguese passport in the name of Ritesh Bicu, forging the identity of another Indian passport holder.
It is further alleged that the accused used to travel to Kathmandu frequently and from there to the UK on the strength of the Portuguese passport.
The court had also called the medical report of the accused Patel from Jail Authorities, but the same did not reach the court. In a separate order, the court directed the SHO PS Tilak Marg to inquire into the events to ascertain how the medical report was lost in transit. The report was sent from Jail, but it was not reached. Neither was it received in the Dak branch of the court. (ANI)
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