The Delhi High Court today ordered a CBI probe into the custodial death of a man who had tried to intervene to settle a quarrel between a couple, saying it is "necessary to instill confidence among the general public as serious allegations are levelled against police personnel".
"In the facts and circumstances of the case and the reasons discussed while concluding it can be said that the invstigation is far from fair and independent. Refraining from suggesting that the SIT (of Delhi Police) should or should not have taken such steps to apprehend a person except in accordance with law.
"It is incumbent upon me to transfer the investigation to CBI to instill confidence in general public as serious allegations are levelled against police personnel," a bench of Justice Siddharth Mridul said.
The court directed the Special Investigation Team (SIT) of Delhi Police to hand over the case to CBI within one week from today and thereafter the agency should take up the investigation afresh and conclude the same within six weeks.
The bench directed CBI to register a regular case (RC) regarding the matter on the basis of FIR already registered and said it expects that all the police authorities will cooperate with the agency in conducting the investigation.
It asked the Lieutenant Governor (LG) and Delhi government to take a decision on the application of 28-year-old widow of the victim Shahnawaz Chaudhary to award appropriate compensation to her and her six-month-old baby boy within a month.
The bench directed the Deputy Commissioner of Police (DCP) to provide adequate security to one eye witness Zahid Ahmed and ensure his safety.
The incident had taken place on September 7 at Nand Nagri in north-east Delhi when the victim, Shahnawaz Chaudhary, tried to intervene in a roadside fight between a couple and the police, according to a petition filed by his wife, Rabia.
Chaudhary was picked up and taken to the police station. Later, he was rushed to a hospital where he was declared 'brought dead'.
The bench also issued directions to Central Forensic Science Laboratory (CFSL), FSL and All India Institute of Medical Science (AIIMS) to expedite the investigation of the samples with them regarding the case.
It said that the status report filed on behalf of SIT leads to an impression that the investigation into the matter has not been done in an impartial and fair manner and observed that the focus of the investigation appears to be on exonerating the policemen involved in the incident.
During the hearing, Senior Advocate Colin Gonsalves, appearing for the petitioner, said that investigation into the death of Chaudhary be transferred to CBI as serious averments have been made against the police personnel.
The submissions of the petitioner were also supported by the counsel for Delhi government and Delhi Commission for Women (DCW).
The court was also informed that a departmental inquiry has been initiated against the "delinquent" police personnel and they have been placed under suspension pending inquiry.
Senior advocate Kirti Uppal and special public prosecutor Shailendra Babbar, appearing for the Delhi Police, argued that that though it has identified the officers, it was looking into the merit of the allegations as well as medical records to ascertain what role was played by each of them before taking any of them into custody.
SIT had yesterday claimed that the victim, 34-year-old Shahnawaz Chaudhary, was unconscious when he had entered the Emergency Response Vehicle (ERV) to be taken to police station and might even have died.
Police had also refuted the allegations of Chaudhary's wife Rabia that he was beaten with sticks and rods, contending she never said so in her first statement.
In her petition, Rabia has sought action against the officers involved and a compensation of Rs five crore.
