The Hindu : New Delhi News : “Need to amend law to deal with custodial deaths”

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Friday, Mar 07, 2008
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“Need to amend law to deal with custodial deaths”

Staff Reporter

NEW DELHI: Enumerating lapses in the investigation of the custodial death of Mahender Kumar here, the Delhi High Court has observed that the issue deserves due attention of the Legislature and the Executive by way of an enactment to effectively deal with cases of deaths in police lock-ups.

A Division Bench of the Court comprising Justice Mukul Mudgal and Justice Reva Khetrapal had on Wednesday sentenced retired Assistant Commissioner of Police (ACP) R. P. Tyagi to eight years of rigorous imprisonment in the case, setting aside the death sentence awarded to him by the trial court and holding him guilty of culpable homicide not amounting to murder.

Referring to the observations of the Supreme Court in a custody death case in which it had suggested to the Centre to amend law, the Bench said: “We also reiterate that the urgent need to amend the law appropriately may be considered so that policemen who commit atrocities on persons who are in their custody are not allowed to escape by reason of atrocities or absence of evidence.”

The Bench also drew the attention of the Union Government to the 113th Law Commission Report making a recommendation to the Government to amend the Evidence Act to allow the trial court to presume the policeman guilty of causing injuries to the accused under his custody if there is supporting evidence and unless he (police officer) proves otherwise.

“The convictions in such cases (custody deaths) have been rare since the atrocities within the precincts of the police station are often left without any ocular or direct evidence to prove who the offenders are,” the Bench said.

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