Supreme Court Asks Senior Cop To Take Over Probe In UP Custodial Death

Expressing displeasure over the way the investigation was conducted into the death of a 17-year-old boy in Uttar Pradesh's Unnao district, the Supreme Court has handed over the probe to the Inspector General of Police on a complaint by his mother.

A bench of Jusices Ajay Rastogi and Bela M Trivedi said the probe conducted by the investigating officer cannot be said to be fair and impartial. The boy was allegedly assaulted in police custody for violating coronavirus restrictions in the state. 

The top court said fair investigation is the backbone of criminal justice system and the object of the probe is to search for the truth so that it would help in meeting the ends of justice by way of fair trail in court. 

"At the same time, the need to ensure fair investigation of crime is undoubtedly imperative because it protects at one level the rights of the victim and the fundamental rights of every citizen in ensuring that crime is investigated and dealt with in accordance with law," the bench said.

The apex court said after going through the records it was of the prima facie view that the complaint of the petitioner deserves indulgence of this court.

"We have an option either to send the matter to the CBI for further re-investigation, but after we have heard counsel for the parties, consider it appropriate at this stage that let senior police officer, Bhagwan Swarup, Inspector General of Police, Intelligence, HQ, Lucknow shall personally undertake further investigation of the complaint made by the petitioner in a fair and impartial manner,” the bench said.

The apex court said the report be furnished to this Court within a period of eight weeks.

The State is directed to hand over all papers including charge sheet and other material to the officer positively within seven days and render all assistance to him, if required.

The matter is listed for next hearing on July 19.

The incident took place when the deceased Mohammad Faisal was reportedly selling vegetables outside his house in Bangarmau town in Unnao beyond curfew timings.  Accused policeman Vijay Chowdhary and homeguard Satyaprakash allegedly started beating him for breaking curfew rules, according to the boy's father.  The teenager was arrested and taken to the local police station where officers assaulted the boy further, his family had alleged.  Following the assault, the boy's condition deteriorated and he was taken to the Community Health Centre, where he was declared brought dead.

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