SHAHNAZ BEGUM SYED MUSHTAQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is one more case of custodial death of an accused while in police custody. The petitioner, who is wife of the deceased aged 32 years and who died in police custody, has filed this writ petition seeking directions of this Court for thorough and detailed investigation by C. B. I. for the death during police custody and for payment of compensation to her and to her children which the deceased had left.

(2.) DECEASED Syed Mushtaq was arrested on 30-10-1994 by the City Chowk Police, Aurangabad and found dead on the night between 8th and 9th November, 1994 in the Kranti Chowk Police Station lock up in the city of Aurangabad. After his arrest, he was produced before the Magistrate on the following day i. e. 31-10-1994 and remand was obtained upto 14-11-1994. In the morning of 9th November, 1994, it was noticed that the deceased was found tied to iron gate of the lock up cell by a shirt in standing position. During the course of 10 days when the deceased was in the police custody, he was taken to various places including his own parental house on 5-11-1994 as well as 8th of November, 1994. On 8-11-1994 he was taken to Osmanpura Police Station Chowki for interrogation and in the evening he was brought back to Kranti Chowk Police Station lock up. The police had registered it as an Accidental Death Case No. 57/94. The Sub-Divisional Magistrate comes on the scene at about 8 a. m. and draws inquest panchanama. As per the said inquest panchanama, the deceased was found tied with a shirt to the door of the cell in which he was imprisoned along with other 10 prisoners. The height of the deceased is shown to be 5 feet 6 inches where the height of the door is shown to be 5 feet 10 inches. The said panchanama also records that the head of the deceased was 6 inches above the height of the gate itself. In the inquest panchanama, it is mentioned that index finger and other fingers of the legs of the deceased were under bandage from which puss and blood was coming out. At the time of inquest panchanama the clotting of blood was also noticed on the stomach and thigh of the deceased. The private part of the deceased also appeared to be swollen and stiff. The dead body was sent for post mortem examination to Government Medical College Hospital, Aurangabad. As per the post mortem report, following 5 external injuries were noticed as mentioned in Column No. 17: 1. Ligature mark over neck 28 cms. x 1 cm. to 1. 5 cms. Over the upper part of thyroid cartilage anteriarly directed obliquely upwards and backwards at both sides of neck and incomplete posteriorly. It is just behind lobule of right ear 7 cms. below chin and 8 cms. below left lobule of ear. Ligature mark abraded in front and left side of neck. Brownish in colour. On dissection. Skin parchment like at the ligature mark, subcutaneous tissue pal, glistening white beneath the ligature mark. No e/o haemorrhage in muscle/tissue of neck. Fracture of left superior horn of thyroid cartilage with haemorrhage at the side. 2. Two oblique brownish marks over right shoulder laterally 16 cms. x 1. 50 cms. and, 16 cms. x 0. 5 cms. Parallel to each other with 0. 5 cms. Intervening normal area. On dissection no e/o haemorrhage in deeper tissue. 3. Brawnish mark over Rt. shoulder posteriorly of size 7 cms. x 2 cms. oblique. On dissection no e/o haemorrhage in deeper issue. 4. Infected wound of 4 cms. diameter at lower 1/3 of Rt. leg anteriarly. Oozing of blood and pus on pressure from its center. 5. Infected wound over right 2nd toe at its distal end of size 2? cms. x 1? cms. Nail not present. As per Column No. 13 of the post mortem report, neither there was dribbling of saliva (mark) seen nor anything was oozing through mouth, nostrils or ears. As per Column No. 14 of the post mortem report there were two dried blood stains over right leg at lower 1/3rd region medially, each of size 7 cms. 0. 5 cms. vertically downward form the injury No. 4 of Column No. 17 Seminal stains were seen over left thigh medial. As per Column No. 21 of the post mortem report the cause of death is mentioned as follows: Post mortem findings are suggestive of asphyxial death due to hanging. Viscera preserved for chemical analysis. The post mortem examination took place on 9-11-1994 between 2. 30 p. m. to 5. 00 p. m. Column 5l of the post mortem report shows that as per inquest by Sub-Divisional Magistrate, death had taken place in police custody due to hanging.

(3.) IN support of the petition, number of affidavits have been filed of the persons from the locality including brother of the deceased who saw the deceased being paraded in the streets of Aurangabad city by the police in handcuffed condition with his legs in iron chains. The Constables accompanying him were having hockey sticks and iron pipes in their hands which were used to assault him while he was being paraded. Some of the deponents of the affidavits also attributed words to the particular Constable by name Gokul who had said to the deceased during the course of the parade on the street Mushtaq, you have become hero. How much public has come to see you. He is also alleged to have said to the deceased that do not look here and there. Look straight while walking. You are walking like a hero. It is also stated in those affidavits that nails of few fingers of the feet of the deceased were removed and there was bleeding.