SADIQ HUSSAIN RIZVI Vs. SANTOSH KUMAR TRIVEDI

JUDGEMENT

(1.) This is a glaring example of the atrocities committed on Abid Hussain Rizvi by Santosh Kumar Trivedi, Sub-Inspector of Police Station Kotwali. Lakhimpur Kheri. The conduct of the aforesaid Police Sub-Inspector is shocking to the Judicial conscience on account of the torture and third degree methods alleged to be employed by the aforesaid Sub-Inspector. The deceased Abid Hussain had succumbed to the Anti-mortem injuries at Medical College Lucknow. The post mortem report disclosed extensive external injuries all over his body including vital parts, namely spinal and liver regions, anus and bladder, severe congestion of brain and membrances laceration of liver, inflammation of peritoneum, contused condition of bladder with red colour urine dribling out from urethra, presence of about 2 litres of blood in peritoneal cavity, and beeding from nostrils and mount. All these injuries clearly indicated that the deceased was mercilessly thrashed and inhumane treatment was given to him with the intention of causing death of the deceased. The abrasion found around the anus of the deceased Abid indicates that some hard object like rod was tried to be inserted into the anus of the deceased.

(2.) It is alleged by the complainant Sadiq Hussain Rizvi that his son Abid Hussain Rizvi who was aged about 30 years, was arrested by Sub Inspector Santosh Kumar Trivedi on 11th May. 1985 from near his house whereupon, he sent a telegram to the police concerned the same day. It was further alleged that next morning, he found his son Abid Hussain Rizvi in an unconscious state in the District Hospital, Lakhimpur Kheri at 7.40 a.m. and there were numerous visible injuries on his person. Sadiq Hussain Rizvi then, lodged a report on 12.5.85 at the Police Station Kotwali, alleging that his son was arrested by the Sub Inspector Santosh Kumar Trivedi while he was passing through his Mohalla Sakata Devi. It was mentioned by him that Santosh Kumar Trivedi Sub Inspector took his son to Sakata Devi Police out post all the way beating him and he was further beaten there mercilessly and thereafter he was kept inside the Police Station Kotwali through-out the night where he was again given beating by the police. It was also alleged in the report that the policemen had got admitted Abid in the District Hospital Lakhimpur Kheri in an unconscious and critical state where he had been struggling between life and death.

(3.) On the aforesaid report of the complainant, a case under section 323 Indian Penal Code was registered against Santosh Kumar Trivedi Sub Inspector of Police at P.S. Kotwali at crime No. 205 of 1985. However no action was taken against Santosh, Kumar Trivedi.