M.A. KHAN Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioner- M.A.Khan has preferred the present Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) seeking directions to Central Bureau of Investigation (for short CBI) to conduct thorough inquiry and investigation for the atrocities committed upon his son by police officials of Police Station Bhajanpura and to quash the inquiry conducted by Mr.D.C.Srivastava, Additional Deputy Commissioner of Police (North-East), Delhi conveyed by letter dated 05.10.2005.

(2.) I have heard the learned counsel for the parties and have examined the record. Counsel for the petitioner urged that on 14.02.2005, Smt.Qamar Abidi, R/o C-5/56, First floor, Yamuna Vihar, Delhi expired. Danish, her son, came to know about her death at 11.30 P.M. when he opened the door of the house. The investigation was taken over by the police of Police Station Bhajanpura. On 16.02.2005, the police took him and his son Rajab Ali aged 21 years to the Police Station at about 10.30 P.M. They asked several questions from him for which he gave satisfactory reply. However, Rajab Ali was taken to Ist floor and locked up in a room. 7-8 police officials including HC Rishipal Singh, SI Virender Singh Punia were present there. During interrogation, pressure was put upon Rajab Ali to name Sh.Jammi, deceased's step son and Asad, another tenant, to implicate them in the case. When Rajab Ali refused to do so, he was given merciless beatings. He was tortured and assaulted throughout the night. At about 05.00 A.M., on 17.02.2005, they were released after getting their signatures on blank papers. Rajab Ali sustained injuries and multiple fractures. He was taken to LNJP Hospital where the doctors refused to lodge MLC. Thereafter, he took Rajab Ali to GTB Hospital where MLC No.369/2005 was prepared and he was given treatment. The petitioner lodged complaint dated 17.02.2005 but no legal action was taken. He and his wife were forcibly brought at the Police Station on the pretext of interrogation and threatened not to lodge any complaint. They were released at 12.30 A.M. after obtaining signatures on blank papers. On 22.02.2005, Rajab Ali's conditions deteriorated and he was referred to Institute of Human Behaviour & Allied Sciences (for short IHBAS). Ravi Sharma, ACP conducted some enquiry and gave clean chit to the police officials. Counsel urged that the complaint dated 17.02.2005 disclosed commission of cognizable offence but for ulterior reasons, no First Information Report was lodged by the police. The petitioner's son is still under treatment at IHBAS due to mental problem caused by beatings and torture in custody. Fair investigation was not carried out by the police to protect its officials. Counsel referred order dated 12.01.2006 by which Rajab Ali was granted bail. The police did not comply the directions given in the order. Reliance was placed upon the authorities , RAMESH KUMARI V/S STATE(NCT OF DELHI), 2006 2 SCC 677, NIRMAL SINGH KAHLON; J P SINGLA V/S STATE OF PUNJAB, 2009 AIR(SC) 984 and NARMADA BAI V/S STATE OF GUJARAT & ORS, 2011 2 Crimes(SC) 142(SC).

(3.) Counsel for the respondents urged that the petitioner or his son were not beaten during interrogation. They are suspects for Qamar's murder and have not deliberately joined the investigation. No serious injury was found on the body of petitioner's son when he was medically examined on 17.02.2005 at GTB Hospital. Report from IHBAS dated 21.03.2005 also reveals that petitioner's son is normal and there was no sign of any bone injury.