Constitute SIT to probe Kasganj custodial death: Lawyer urges Allahabad High Court Chief Justice

A lawyer has written to Allahabad High Court Chief Justice Rajesh Bindal, urging him to constitute a Special Investigation Team (SIT) headed by a sitting High Court judge to probe the recent custodial death of 21-year-old Altaf in a police station in Kasganj, Uttar Pradesh..The letter written by advocate Amritpal Singh Khalsa alleged that the man was hanged to death by police officials, and that when his father went to inquire about his whereabouts, he was thrown out from the police station."What Shocked my conscience is that the father of the deceased had himself, voluntarily gave his son to police for investigation in a case of elopement of girl, around on 08.11.2021 at 8 pm, and his son died on 09.11.2021 at around 5 pm (less than 24 hours in police custody) and that his son was hanged to death by the police officers. When the father went to inquire about his son, he was thrown out of police station.".Singh urged the High Court to take cognizance of Altaf's custodial death and constitute an SIT to monitor the probe to ensure a free and impartial investigation."Milord may also direct the police to preserve the CCTV footage of the concerned police station with the Registry of this Hon’ble Court. Such steps would ensure strengthening of the Rule Of Law and that the faith of the people in the Superior Judiciary would strengthened further," read the letter. .The letter counters the police's claim that the deceased took out the drawstring from the hood of his jacket and hanged himself from the tap of the bathroom. Singh contended that the drawstring used in the hood is very small in size and its thickness cannot bear heavy weight, while the tap of the bathroom is at waist height..The letter also highlighted the recent custodial deaths of Jayaraj and Bennix in Sathankulam, Tamil Nadu, a matter which is being probed by the Central Bureau of Investigation (CBI). The Supreme Court had rejected the bail of the police officers involved in the incident, the letter pointed out."Custodial death violate completely Article 21 of The Constitution, there are 1318 custodial deaths reported by NHRC in past three years. The recent custodial death of Jayaraj Bennix shook the conscience of every right minded citizen, The Supreme Court rejected the bail of the police officers involved in the custodial torture.".Recently, the Allahabad High Court had directed the State of Uttar Pradesh to ensure fair investigation and to take immediate action against the policemen accused of torturing former Army officer Sardar Resham Singh in May this year.In a strongly worded judgement, the Bench of Justices Surya Prakash Kesarwani and Piyush Agrawal said,"An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities...A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. But when it arises due to arbitrary or capricious behaviour then it loses its individual character and assumes social significance. Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous.".[Read full letter]