MUSTAKEEN AHMED HABIBULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present petition discloses grave and disturbing facts prevailing in the police machinery in the city of Bombay.

(2.) PETITIONER , in the instant case, was arrested in the afternoon on 3rd of December, 1996 of Pant Nagar Police Station, Ghatkopar. He was arrested for the alleged offence under Section 420 of the Indian Penal Code. After being arrested, it is the case of the petitioner that, he was lodged in the lockup of the aforesaid Police Station and was rudely and mercilessly beaten by respondent No.2 under the garb of interrogation. Petitioner sustained bleeding injuries. He also sustained a fracture of one of his hands. While being assaulted, petitioner was not informed of the grounds or reasons of his arrest. At about 4.30 p.m. Shri Kotian, the Advocate for the Petitioner, went to Pant Nagar Police Station with a view to ascertain the grounds and reasons for detention of the petitioner. Shri Kotian found that Petitioner was not even able to stand up properly and the pant, he was wearing, was found bloodstained. The petitioner was found groanding with pain. He was not able to walk even a couple of steps. Petitioner informed Shri Kotian that he was mercilessly beaten by the respondent No.2 and other police personnel. When Shri Kotian enquired with the respondent No.2, the later told him that the said illtreatment was absolutely necessary for recovering the property involved in the offence. Respondent No.2 casully termed the aforesaid illtreatment as part of the interrogation and informed that the said illtreatment was likely to continue after seeking the police custody from the Court. When Shri Kotian requested that he be permitted to obtain signatures of the Petitioner on the Vakalatnama for the purpose of moving an Application for bail, respondent No.2 refused to permit him to obtain the same. On the same day, i.e. on the 3rd of December, 1996 at about 6.15 p.m., Shri Kotian sent separate telegrams to the Commissioner of Police, the Deputy Commissioner of Police, Zone VI, The Assistant Commissioner of Police, Zone VI and the Senior Inspector of Police, Pant Nagar Police Station and informed the aforesaid authorities about the petitioner being mercilessly beaten by respondent No.2 and his staff. He expressed danger to his life in the lockup. He requested the aforesaid authorities to take prompt and suitable action to avoid unwarranted illtreatment to the petitioner.

(3.) DESPITE the prayer made by Shri Kotian in that behalf, respondent No.2 had failed to produce case diary in respect of C.R.No.347 of 1996 at the time of making an Application for remand of Petitioner to Police Custody. By an order passed by the learned Magistrate, the petitioner was forwarded to the Rajewadi hospital for medical examination. After the petitioner was medically examined, he was produced before the learned Magistrate. By an order passed on the very same day, petitioner was remanded to the police custody for a period of fourteen days i.e. till 18th December, 1996.