Delhi court orders FIR against police officer, doctor for custodial torture and fake medical report

Delhi's Patiala House court recently directed the registration of a first information report (FIR) against a Delhi Police inspector for allegedly subjecting an accused to custodial torture and a Junior Resident Doctor from Indira Gandhi Hospital for preparing a false medical report which said the accused had no injuries..Additional Chief Judicial Magistrate Pranav Joshi directed the Station Head Officer (SHO) to investigate the case and also examine the involvement of other police officials who may be connected to the offence."Therefore, this Courts directs the SHO PS IGI Airport to register an FIR against Inspector Sumit Kumar under section 117/119/126/62 BNS and against the concerned doctor at Indira Gandhi Hospital under section 62 read with 117/119/126 BNS and under section 256 BNS immediately within 24 hours. The SIHO shall cause an investigation into the case. The role of other police officials who are found involved in the commission of the offence shall also be investigated," the Court ordered.It further directed that the order be forwarded to the Delhi Medical Council through the SHO of Indira Gandhi International Airport police station to initiate an inquiry against Dr Aman Gahlot, Junior Resident at Indira Gandhi Hospital..The Court noted that the injuries found on the accused’s body clearly pointed to custodial violence inflicted upon him.“Custodial violence is not something which is tolerated within the frame work of Indian legal system. It has been consistent view of the Indian Constitutional Courts that physical abuse and violence strikes at the very foundation of the democratic set up where the liberty of an individual is considered sacrosanct,” the judge noted..The accused was brought before the court on April 5 following his arrest, and the inspector requested a 10-day custody remand. It was alleged that the accused intended to travel to Nepal's Kathmandu using his voter ID. However, during document scrutiny, it was discovered that he had previously traveled to the United Kingdom on his Indian passport and later acquired a Portuguese passport by falsifying the identity of another Indian passport holder..The accused informed the judge that he had been physically tortured while in police custody. The Court subsequently examined him privately in chambers and observed bruises on his arms and feet. The judge opined that the allegations of physical torture were prima facie substantiated and therefore, declined to remand him to further police custody.While the Medico-Legal Certificate (MLC) issued by Indira Gandhi Hospital recorded no injuries, a medical report prepared by the jail authorities confirmed the presence of injuries on the right sole, both arms and the left shoulder of the accused..“The acts of the police officials prima facie attracts section 117/19/126 BNS. Further, the role of the doctor i.e. Dr. Aman Gahlot, Junior Resident of Indira Gandhi Hospital who conducted the MLC of the accused, also appears to have conspired with the police officials. The concerned doctor appears to have deliberately ignored the injury of the accused and prepared a false report in contravention of the provisions of sections 256 BNS apart from conspiracy,” the Court noted..The Court added that the Special Commissioner of Police, Transport Range, shall ensure compliance with this order and also ensure that a fair and impartial investigation is conducted in the matter.Additional Public Prosecutor Lalan Kumar appeared for the State.Advocate Jagdeep Vats appeared for the accused..[Read Order]