Supreme Court refuses to intervene with Allahabad High Court’s order to probe ‘custodial dying’

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The Supreme Court has refused to intervene with the Allahabad High Court order directing the Central Bureau of Investigation (CBI) to probe a case associated to the alleged custodial dying of a 24-year-old man in February this 12 months.

The high court docket dismissed a petition filed by the Uttar Pradesh authorities in opposition to the September 8 order of the excessive court docket, which held that there was ample materials on document to indicate prima facie the involvement of upper officers within the conspiracy and false proof to commit the offense. Shows making. To save the accused.

The Supreme Court stated that the CBI will examine the matter independently with out being affected by any observations made within the High Court’s resolution.

The case pertains to the dying of 24-year-old Krishna Yadav alias Pujari, who was allegedly picked up by the police from his home on February 11, based on an FIR lodged in Jaunpur district.

It was alleged that the subsequent day data was obtained that Yadav had died. The matter got here up for listening to earlier than the apex court docket bench of Justice Vineet Saran and Justice Aniruddha Bose.

The bench in its October stated, “After hearing Additional Solicitor General SV Raju and perusing the record, we do not find any ground to interfere with the High Court’s direction to probe the matter by the CBI.” 25 orders.

“However, contemplating the details of the case, we direct that the CBI shall examine the matter independently and in accordance with legislation with out being affected by any remark made within the judgment of the High Court. The Special Leave Petition, accordingly, is dismissed,” the apex court docket stated.

The High Court had directed the CBI to research the matter through which an FIR was registered on February 12 for alleged offenses below varied sections, together with 302 (homicide) of the Indian Penal Code.

It referred to the FIR registered on the grievance of the brother of the deceased which stated that some law enforcement officials had come to Yadav’s home on February 11 and took him away with the intention of falsely framing him and detained him on the police station.

The High Court had famous that police data claimed that Yadav was caught whereas using a bike and fell and was injured.

It was additionally famous that the police data said that after Yadav was delivered to the police station, he was despatched for first help and the physician referred him to the district hospital for remedy, however by the point they reached there, his Death occurred.

“The copy of the counter affidavit and the case diary was produced before us…. Prima facie it appears that the police is somehow trying to give a clean chit to the accused and for this important evidence is being left out and some evidence is being made. There have been and are being tampered with. Investigation is the basis of a fair trial.”

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With inputs from TheIndianEXPRESS

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