The Bombay High Court today directed the city police to file an affidavit on a petition seeking CBI inquiry against police personnel attached to Dharavi police station for their involvement in an alleged custodial death case.
A division bench of Justices S C Dharmadhikari and S B Shukre was hearing a petition filed by one Nurul Shaikh whose cousin Julfar Shaikh was allegedly beaten to death in the lock up of Dharavi police station by a police officer and constables in December last year.
"What does the police propose to do? If they (police personnel) have committed an offence, then they ought to be tried impartially and fairly," the court said.
According to the petition, Julfar was picked up by Dharavi police on November 28, 2012 and shown arrested the next day for alleged possession of fake currency notes. He was produced before a magistrate court which remanded him in police custody till December 5.
On December 2 evening, when Nurul went to the police station he was informed that Julfar had died in custody.
Police cited a medical report claiming that Julfar was suffering from meningitis and died a natural death. The crime branch which probed the case filed charge sheet against police inspector Irfan Shaikh for causing voluntary hurt.
Nurul's advocate Yug Chaudhary argued that the accused persons ought to have been booked under murder charges.
"Julfar was hanged with ropes in the lock up and beaten with belts and hockey sticks. There are statements of co-accused who witnessed the assault," Chaudhary said.
The petition has sought CBI inquiry into the case and compensation from the government.
Additional public prosecutor Ajey Gadkari sought time to consult with the DGP office following which the matter has been posted for hearing on August 5.
