A Delhi court has mandated the Central Bureau of Investigation (CBI) to undertake a thorough, fair, and impartial investigation into reports of custodial torture involving an accused in a bribery case linked to a counterfeit drug manufacturing ring. Special Judge Sushant Changotra emphasised the seriousness of custodial violence, referring to it as one of the gravest threats to the rule of law. He asserted that allegations of this nature against officials from the country’s principal investigative agency must be addressed without delay.

The order was issued in response to a plea filed by Prabhat Kumar, a co-accused, represented by advocate Prateek Som. Kumar claimed that he had suffered severe physical abuse during his detention by the CBI, specifically from 16 to 22 June, resulting in significant injuries to his left ear and left thigh.

Medical reports from the 19th and 20th of June revealed physical injuries sustained in custody, including a contusion on the left thigh and the presence of blood clots in the left ear. The court noted that these findings were credible and corroborated by contemporaneous medical documentation created by government medical professionals during the time of police custody.

Allegations Highlighted by Medical Evidence

The court pointed out the absence of any explanation from the CBI regarding the observed injuries, stressing that it was not even claimed by the agency that they were self-inflicted or accidental. Furthermore, the unexplained nature of the injuries, in conjunction with corroborative medical evidence and the recorded transfer of the accused to another police station during custody, lent substantial credibility to the claims of custodial violence.

“The legitimacy of any criminal investigation lies in its fairness and legality, not in its capacity to extract information through fear or coercion,” stated Judge Changotra. He remarked that no law enforcement agency could justify the use of physical violence during the interrogation process, reinforcing that punishment for malfeasance can only be determined by a court, following legal protocols.

The judge expressed that failure to address allegations of custodial violence against investigative officers would reflect a disregard for serious violations of constitutional rights, potentially eroding public trust in the criminal justice system. He underscored the necessity for an inquiry at a high administrative level within the CBI to ensure that these serious allegations are taken seriously and investigated thoroughly.

Investigation Procedures and Expectations

The court instructed the relevant jail superintendent to arrange for a medical examination of Kumar at Safdarjung Hospital and provide any necessary treatment. The directive included a call for a thorough inquiry into the allegations of custodial violence, specifying that the investigation should extend beyond identifying the individuals responsible for the injuries to assess the accountability of all supervising officers in command during the period of custody.

This inquiry must evaluate whether any actions or inactions contributed to the alleged violence, and it is preferred that an officer independent of the current investigation conducts the inquiry to maintain perceived impartiality. If the investigation uncovers evidence of criminal activity or administrative misconduct, the court has stated that suitable disciplinary action must be instituted according to legal standards.

A formal document outlining the court’s order has been forwarded to the CBI Director for prompt action, with the expectation that a report detailing any measures taken will be submitted within two weeks.

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