BHARAT BHUSHAN Vs. STATE

JUDGEMENT

(1.) Proceedings were started by Court on a news item that one Bharat Bhushan who had been arrested by the police had died in police custody. The petition was brought by amicus curiae. The Advocate mentioned that it transpired after enquiry that Bharat Bhushan was arrested by the police on 28th November, 1984 and was taken to Police Post Chittaranjan Park. It was alleged that he was badly beaten up and when members of his family went to enquire about him they were shoved away and money was demanded from them. It was also mentioned that other persons also were kept in the police custody and release was made after taking bribe. It was also alleged that pressure was applied on the members of the family to give similar bribe for the release of Bharat Bhushan.

(2.) . Notice was issued and an affidavit was filed by Bhupinder Kumar Rishi, SHO. The stand taken was that in the morning of 9th December. 1984 at 4.00 a.m. S.I., Prem Sineh Patwal. Respondent No. 7 was on patrol duty when he spotted Bharat Bhushan coming from the side of Tara Apartments, who was said to be carrying some articles with him including tape recorder and others. Bharat Bhushan was said to have been taken into police custody and taken to Police Post Chittaranjan Park. It is also stated that Bharat Bhushan complained of pain in his stomach. He was taken to the clinic of Dr. H.C. Goel where the doctor gave him an injection and kept him under observation till 9.30 a.m. From the clinic Bharat Bhushan was said to have been brought to the Police Post Chittaranjan Park, when the latter said that he should ballowed to take rest. Thereafter, according to the S.H.O.at 11 a.m. Bharat Bhushan complained of pain in chest and headache, and was brought to the All India Institute of Medical Sciences Hospital where doctors examined him and found it to be a case of suspected poisoning. The police registered a case FIR No. 1493 dated 9-12-1984 under Section 309 I.PC. at 3.05 p.m. Bharat Bhushan was not fit to make a statement and he died in the A I.I.M.S. Hospital on the next day and the information was received by the police at 2.10 p.m. An inquest was held by S.D.M.. New Delhi, who has noted that at 10.45 a.m. Head Constable Ramesh Chand had started asking questions from Bharat Bhushan and at 11.15 a.m. Bharat Bhushan having complained of pain he was taken to the A.I.I.M.S. Hospital. It was denied that Bharat Bhushan was beaten up by the police. In the report substance of evidence of Dr. H.C. Goel is given who has stated that the condition of Bharat Bhusban was pretty bad when he was brought to his clinic at 5.30 a.m. on 9-12-1984 and therefore, he asked the police to take the patient to hospital with better facilities. Dr.Goel has stated that the police were, however, reluctant to take Bharat Bhushan to the hospital. Bharat Bhushan was taken to the hospital only at 11 a.m. when his condition was serious. He has stated that according to him Bharat Bhushan had not consumed any poison and that he was suffering from pulmonary oedema. The fact that Bharat Bhushan died in police custody is not disputed. However, defence of the police is that he had taken poison. As is clear, police took the veiy unusual resort of registering a case under Section 309 Indian Penal Code on a person who was to die within a few hours thereafter. The story of poison is imaginary and a myth because Dr. Goel had stated to the S.D.M. that in his opinion Bharat Bhushan had not consumed any poison. We do not understand on 'what basis such an, utterly baseless FIR could have been recorded. Even the post mortem report, of which evidence was taken before us of Dr. Vats of All India Institute of Medical Sciences, has stated that the viscera of the deceased was sent to the C.F.S.L., who on examination gave negative report for common poison. Ante-mortem injuries were found on the person of the deceased. Dr. Vats has further stated that Bharat Bhushan was suffering from non cardiogenic pulmonary oedema, which means that there was pulmonary oedema which was not due to any heart ailment. Evidently some exposure given to Bharat Bhushan when he was in police custody must have been responsible for it.

(3.) Here is a strange case in which even on the showing of the police itself a person is arrested in the morning hours at 4 a.m. on 9th December, 1984; he complains of pain and is taken to a private Doctor, which in itself a strange thing, on persistently being told of pain only he is taken to the hospital. Police is so indifferent to the safety of Bharat Bhushan; that is not all, it takes the strange course of filing a FIR for suspected poisoning for which there is no foundation either in the statement of Dr. Goel who first examined Bharat Bhushan or in the post mortem report. Both of them gave no semblance of suggestion of suspected poisoning. Possibly because the incident had got press publicity, it was not possible for the police to conveniently get rid of the body and post mortem was done and that is why the story of suspected poisoning has been put earlier which because of later circumstances has not been established. The application had mentioned that Bharat Bhushan had been arrested on 28th November, 1984 and kept in police custody for a number of days. The police has, of course, denied and stated that while on normal patrol duty Bharat Bhushan was seen coming from the side of Tara Apartments with a number of articles and that is why it arrested him. Apparently suggesting that what he was carrying were theft articles, and that the police was doing its public duty.