Badlapur custodial death: Parents say don’t want to pursue case further, HC asks state why no FIR yet

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The parents of deceased accused successful Badlapur intersexual battle lawsuit connected Thursday told the Bombay High Court that they bash not privation to prosecute further their plea seeking SIT enquiry into his son’s custodial death.

The parents besides told the tribunal that they were not nether immoderate unit to retreat the lawsuit and that they did not privation to tally astir for the lawsuit immoderate longer owed to idiosyncratic trouble and sought to “stop the case”.

The tribunal said it volition perceive the substance adjacent connected Friday, February 7, remarking that it cannot adjacent the plea similar this arsenic a batch had happened successful the lawsuit and questioned wherefore FIR was not yet registered. The authorities authorities informed the tribunal that it volition proceed autarkic probe into the custodial decease successful accordance with law.

The 23-year-old janitor arrested successful August past twelvemonth for the alleged intersexual battle of 2 insignificant girls at a schoolhouse successful Badlapur successful Thane territory was changeable dormant portion helium was being transported successful a constabulary conveyance connected September 23 past year. The constabulary had claimed helium was killed successful retaliation aft helium snatched an officer’s work limb and fired 3 rounds, injuring an officer.

A seat of Justices Revati Mohite-Dere and Neela K Gokhale connected February 3 had sought to cognize what the authorities intended to bash with respect to a magistrate enquiry study which recovered that 5 constabulary officers, including a constabulary driver, were liable for the custodial decease of the accused.
In a study submitted earlier the HC past month, the magistrate, based connected Forensic Science Laboratory (FSL) reports, held that “false encounter” allegations made by parents of the deceased “found substance”.

On Thursday, the seat questioned the authorities authorities arsenic to wherefore nary FIR had been filed against the officers indicted successful the magistrate’s report.
Senior advocator Amit Desai, representing the authorities arsenic its peculiar nationalist prosecutor, argued that an autarkic probe by authorities CID was inactive successful progress. He said that the scope of the magistrate’s probe was constricted to ascertaining origin of custodial decease and not of assigning responsibility.

“Scope of magisterial enquiry nether sections 196 and 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is lone constricted to ascertaining origin of death. The magistrate enquiry should not person gone into who is liable (for death). It has gone into the occupation successful presumption of committee of inquiry. One requires powers of probe to look into each facet of matter, which the magistrate does not possess,” Desai argued.

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He added, “As an bureau we cannot instrumentality this (magistrate’s report) arsenic binding connected america and person an autarkic work connected america to spot if offences made retired and chargesheet is filed. If the bureau is attempting to bash it, it should beryllium fixed time. I americium conscious these are matters to beryllium dealt with. However, the Supreme Court successful past judgement had said that the bureau should person unimpeachable evidence.”

Desai besides sought that the further worldly collected by the magistrate during the probe, which was not with the police, which tin beryllium further sent to the judicial committee acceptable up successful October, past twelvemonth on with the magistrate’s report.

The authorities authorities had formed a judicial committee headed by erstwhile Chief Justice of Allahabad High Court Dilip Bhosale, to look into the custodial decease and “false encounter” charges and if immoderate idiosyncratic was liable for the same.

The seat past questioned the authorities that erstwhile the Accidental Death Report (ADR) had been filed, was the aforesaid not required to beryllium taken to “logical end” and an FIR was needed to beryllium registered.

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“Commission of enquiry is simply a parallel aspect, but arsenic acold arsenic ADR is concerned, it has to beryllium taken to a logical end. Further, the tribunal study (magistrate’s) can’t beryllium connected insubstantial without action. It’s a full-fledged study with statements… Is the authorities not duty-bound to registry an FIR?” the seat orally questioned.

Desai responded that due autarkic probe was required to beryllium carried retired earlier acting connected the ADR. The HC besides allowed applications filed by the constabulary officers acrophobic seeking entree to the transcript of the magistrate study and directed authorities lawyers to furnish copies of the study to applicants wrong a week.

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