RAM GOPAL SISODIA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The First Information Report No. 354 and 20th June, 1982 under sections 27/54/59 the Arms Act was registered against Surinder Pal Singh at Police Station Shahdara. The allegation was that he was in possession of an unlicensed pistol which was recovered from his house situated at Chajjupur Colony, Shahdara. It is alleged in the writ petition, which we have treated in the nature of public interest litigation, that Surinder Pal Singh died within three hours of his arrest while in police custody. The arrest was made at 7 A.M. It is further alleged that on a demons station made by the residents of the area, an enquiry was held by a Magistrate as contemplated under section 176 of the Code of Criminal Procedure. Mr. A.B. Shukla. The then Sub Divisional Magistrate Shahdara who had been directed by the District Magistrate to hold an enquiry submitted his inquest report to the Deputy Secretary (Home) of the Delhi Administration on 24th November. 1982. This fact was revealed by the learned Counsel for the Delhi Administration during the pendency of the writ petition. The learned Magistrate did not accept the version of the police that Surinder Pal Singh had committed suicide while in custody. He concluded that:

(2.) On the basis of this evidence it is crystal clear that the death of Surinder Pal Singh was unnatural death and the possibility that Shyam Singh constable is responsible and that be has been assisted by three police officials cannot be ruled outTT. As a follow up action the police authorities suspended Shri Shyam Singh and the other three constables namely Shri Sat Pal, Shri Nithali am and Shri Devi Singh and a case bearing No. 684 under section 302/34 IPC on 26th December, 1982 was registered on the basis of the above inquest report. We were informed on 19th July, 1983 that after investigation the police had come to conclusion that Surinder Pal Singh immediately after arrest had taken potassium cyanide and that it was case of suicide. We were told that the police intended to move the Magistrate for cancellation of the case. We noted in our order of 19th July, J983 that we were not satisfied that there had been proper investigation of the case. We found from the report of the Chemical Analyst that the viscera which was sent to him was not preserved in Alkaline as was the requirement. We were of the view that it was a case of gross negligence and possibly a deliberate attempt had been made to destroy the evidence by the Delhi Police. Thereafter on 25th August. 1983 the investigation of the case was handed over on our direction to the C.B.I We were informed on 6th October, 1983 by Mr. M.L. Sachdeva, Standing Counsel for the CBI that investigation was likely to take some more time. Eventually a report under section 173 Cr P.C. was filed by the CBI before the local Magistrate on 19th October, 1983. We directed the Counsel to produce copies of the report before this Court also. We further directed that no action would be taken by the Court of the Magistrate without further orders from this Court.

(3.) The Central Bureau of Investigation have opined that the investigation bas disclosed that Surinder, deceased, it appears died after consuming potassium cyanide. They are of the view that the case may be cancelled. The version of the prosecution in nutshell is given in para 2. It is useful to quote the same: On 20.6.82, at about 7 AM. Const. Shyam Singh. Sat Pal. Nithali Ram & Devi Singh raided the house of Sh. Surinder and recovered an unlicensed country made pistol and 5 cartridges, from his room. While the constables were busy in the recovery of the arms & ammunition. Surinder is reported to have extended his hand towards the stone slab, in his room picked up something and kept it in his mouth. The constables immediately pressed the cheeks of Surinder and took out 3 small pieces of a white substance from his mouth. The condition of Surindel became serious. He was removed to Swami Dayanand Hospital, Shabdara. where the was declared dead. A case F I R No. 154 dtd: 20-6-82 u/s 27/54/59 Arms Act was registered at PS Shahdara, against Surinder possession of unlicensed firearm.