Delhi court orders probe into custodial death of man in Subhash Place police station

A Delhi court recently directed the registration of a first information report (FIR) and investigation into the alleged custodial death of one Sheikh Shadat, after noting that photographs and video footage of his dead body showed multiple injury marks. [Setara Bibi v. Unknown Persons].The direction was issued by Chief Metropolitan Magistrate (CMM) Vasundhra Chhaunkar, who held that a prima facie cognisable offence was disclosed and that an investigation was necessary to examine technical evidence and witness accounts..Although a judicial inquest had concluded that Shadat died of coronary artery disease and found no signs of homicide or suicide, the magistrate observed that visible injuries on the body, as documented in video and photographic material placed on record, could not be brushed aside at the threshold.The Court held that the complainant - Shadat’s wife Setara Bibi - was not in a position to independently collect evidence, and that it was therefore appropriate for police to investigate the case.“Though the inquest report is on record, the same can be considered at the appropriate stage. To dismiss the present application only on the basis of present inquest report will not serve the purpose of justice where the complainant is not in a capacity to record or collect extensive evidence,” the judge said..The direction came in an application by the complainant, who alleged that her husband was tortured in custody by police officers of Subhash Place Police Station on July 21, 2023 and died the following day. According to the complaint, Shadat and four others were picked up by police near Subhash Place without any cause. They were allegedly beaten and subjected to extortion demands at the police station..On July 22, 2023, an FIR under the Arms Act was registered against all five, and Shadat was remanded to police custody while the others were sent to judicial custody. The complainant claimed that Shadat was visibly injured when last seen in court and had told family members that he was assaulted for refusing to pay bribes.The next morning, the family received a call from Jahangirpuri Police Station informing them that Shadat had been admitted to Ambedkar Hospital. Upon arrival, they were directed to the mortuary. According to the application, Shadat's body bore deep bruises and signs of physical trauma. The family recorded a video of the body..Setara Bibi subsequently approached the police for action. A December 2023 report from the Deputy Commissioner of Police (DCP) stated that inquest proceedings were pending. A further status report from the Station House Officer (SHO) of Subhash Place Police Station also made no mention of an FIR. In response, the complainant moved the court under Section 156(3) of the Code of Criminal Procedure seeking a direction for registration of an FIR..The Court acknowledged that the inquest proceedings had found no foul play and attributed the cause of death to coronary artery disease. However, it noted that post-mortem photographs placed on record showed multiple visible injuries on Shadat's upper and lower back..Accordingly, the magistrate allowed the application and directed the SHO of Subhash Place Police Station to register an FIR. A compliance report is required to be filed by June 28..The complainant was represented by Advocates Sanjana Srikumar and Joicy. .[Read Order]