Boy found hanging in judicial custody, HC orders CID probe
Kolkata: Observing lapse in procedure and suspected foul play, Calcutta High Court on Thursday, in its judgement, transferred to state Crime Investigation Department (CID) the probe relating to the death of a youth found hanging inside the Midnapore Central Correctional Home.
The Bench of Justice Rajarshi Bharadwaj, moved by the mother of the deceased, observed that her son died under “suspicious circumstances” while in judicial custody, allegedly by suicide.
The boy was arrested in Himachal Pradesh and brought on remand before the Tamluk court (CJM) in East Midnapore. He was taken into custody and remanded for further production on July 12, 2024. He was first sent to the Tamluk sub correctional home and thereafter to Midnapore Central Correctional Home in West Midnapore for treatment (back pain). On July 5 morning, he was found hanging. Several procedural lapses were highlighted, including the failure to properly notify the petitioner’s family about the youth’s transfer between correctional homes, violations of the West Bengal Jail Code, failure to seek police custody and the absence of CCTV surveillance at Tamluk Correctional Home. “These raise concerns regarding the thoroughness and fairness of the investigation conducted by the state police authorities,” the court observed. “There are several inconsistencies in the state’s version of the events, such as the presence of multiple knots in the gamcha (cloth) on the deceased’s neck and his alleged medical condition that cast doubt on his ability to commit suicide. These discrepancies, combined with inadequate procedural adherence, lead to the breakage of a chain link of circumstances, pointing towards possible foul play or negligence”.
The court noted the inquest conducted by the Magistrate raises doubts as it lacks to mention the presence of the deceased’s relatives, as required by law. The court observed that the autopsy conducted violated NHRC guideline which states it must be done by a Board of at least three doctors, preferably from different institutions. However, in the instant case, the autopsy was conducted by only two doctors of the same institution. “The substantial delay in lodging the FIR, coupled with the State’s reliance on the pending NHRC report, raises serious apprehensions regarding potential tampering of evidence and obstruction of justice,” court observed. Observing that when a specific allegation is made against police officers, implicating them in a cognisable offense of culpable homicide, it is imperative an FIR be registered under the relevant IPC provisions, the court transferred the case to CID for an impartial, transparent, and exhaustive inquiry.
