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This is a clear instance of day light custodial death- The High Court of Delhi expresses disappointment over negligence of police.”

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Case Title: Setara Bibi v. State of NCT of Delhi & Ors. 

Case No.: W.P.(CRL) 1224/2024 

Dated: April 23, 2024 

Quorum: Justice Jyoti Singh 

 

FACTS OF THE CASE:  

The case’s facts revolve around In pursuance of Section 482 Cr.P.C. and Article 226 of the Indian Constitution, the petitioner has filed this writ suit on their behalf, requesting the following reliefs.  

a Writ/Order/Direction in the nature of Mandamus and/or any other Writ/Order/Direction in the nature of any other appropriate Writ was in effect, directing the Respondent to file a First Information Report (FIR) in accordance with Sections 166, 302, 325, 331, 352, 34 of the Indian Penal Code, 1860 against the Chief Investigating Officer, the SHO, and the other negligent police officers of Police Station Subhash Place.  

In brief, the case’s facts state that the husband of Setara Bibis died while in the custody of the respondents as a result of their simple carelessness. The petitioner is the deceased person’s 22-year-old widow, who has been circling the courts in the hopes of getting justice. The FIR has not yet been filed, and the application under Section 156(3) Cr.P.C. is still pending.  

 

CONTENTIONS OF THE PETITIONER: 

According to directions, Ms. Rebecca John, the Petitioner’s experienced Senior Counsel, limits the relief to requests. It is argued that the current case is related to the tragic passing of late Sheikh Sahadat on July 23, 2023, while he was purportedly in the custody of Subhash Place Police Station officers.  

Additionally, it is argued that the petitioner is a 22-year-old widow of the deceased who has been circling the legal system in an attempt to obtain justice. It is requested that the magistrate’s investigation into the death of the petitioner’s husband while in custody be opened on July 23, 2023, and that it remain open to this day, almost nine months later, with no indication of when it will be concluded. However, the application made in accordance with Section 156(3) Cr.P.C. is still waiting, and the FIR has not yet been filed.  

Furthermore, the petitioner is alleged to be a 22-year-old widow of the dead who has been recurrently involved in the court system in an effort to seek justice. It is requested that the inquiry into the petitioner’s husband’s death while in police custody be launched by the magistrate on July 23, 2023, and that it continue to be open now, nearly nine months later, without providing a timeline for completion. 

According to an order annexed to the petition and dated December 22, 2023, the learned Chief Metropolitan Magistrate of the North West District of the Rohini Courts stated that a FIR is not being filed until the Magisterial inquiry’s conclusion and the FSL report is received.  

The learned Senior Counsel states that this demonstrates the State’s total insensitivity to a grave situation in which a 32-year-old man was discovered dead while allegedly under police custody, with black and blue bruise marks covering his back and chest and swellings on his hands and legs. The family of the deceased captured this on camera when they visited the mortuary where the body was being held.  

 

LEGAL PROVISIONS: 

  • Section 482 Cr.P.C- Saving of inherent power of High Court. Nothing in this Code shall be construed as restricting or affecting the High Court’s inherent authority to issue orders as may be required to carry out any directive made pursuant to this Code, to stop misuse of the legal system, or to further further the goals of justice. 
  • Section 166 of IPC- Public servant disobeying law, with intent to cause injury to any person. Any public servant who willfully disobeys legal instructions regarding how they should conduct themselves in that capacity with the intent to cause harm to others or knowing that it is likely that they will, will be punished with either simple imprisonment, a fine, or both. This punishment can last up to a year.  
  • Section 302 of IPC- Punishment for murder. Anyone found guilty of murder faces a mandatory life sentence in prison or the death penalty, in addition to a fine.  
  • Section352 of IPC- Punishment for assault or criminal force otherwise than on grave provocation. Anyone found to have attacked or used unlawful force against another person without that person’s serious and unexpected provocation faces a maximum sentence of three months in prison of any kind, a maximum fine of five hundred rupees, or both. 

 

COURT’S ANALYSIS AND JUDGMENT: 

That court held that the following is directed that the Magisterial inquiry into the death of late Sh. Sheikh Sahadat be completed as soon as possible and no later than three months from today, taking into account the case’s facts and circumstances, the fact that the inquiry began on July 23, 2023, and is still pending, and the fact that the learned CMM is not moving forward with the application under Section 156(3) Cr.P.C. because of the pendency of the inquiry. 

Additionally, it was held that the learned CMM was instructed to move quickly with the matter, including giving the Director of FSL a directive to provide the report right away, in the case of a pending application under Section 156(3) Cr.P.C. It was requested of the Director, FSL to investigate the situation and make sure the FSL report is delivered to the relevant Court as soon as possible.  

This Court expressed optimism and hopes that the concerned magistrate handling the investigation and the knowledgeable CMM handling the application under Section 156(3) Cr.P.C. will investigate the matters with the necessary seriousness, empathy, and diligence and will act quickly.  

 

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Judgment reviewed by Riddhi S Bhora. 

 

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A Stricter Approach is required to be taken in granting Bail to Police in Custodial Death Cases: Supreme Court

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Case title: Ajay Kumar Yadav Vs The State of Uttar Pradesh & Ors

Case no.: SLP (Crl.) No.9816/2023

Decision on: March 12th, 2024

Quoram: Justice Aniruddha Bose and Justice Sanjay Kumar

Facts of the case

The appellant before this Court is the complainant, who reported the death of his brother in police custody on 12th February, 2021. The deceased was arrested in connection with a robbery case and was taken into the police custody. The appellant accused the police officials for his brother’s death. A charge-sheet was submitted against 19 police officials, which included the allegations of commission of offences under Section 34 read with Sections 302, 330, 331, 218 and Section 120-B of the Indian Penal Code.

The Allahabad High Court, however, granted bail to one of the police constables accused of commission of the said offence. The Appellant assailed this decision of the Court before the Apex Court.

Contentions of the Appellant

The Counsel questioned the legality of the order passed by the High Court. He vehemently submitted that the investigation was handed over to the Central Bureau of Investigation (CBI), and Mrs. Bhati, learned Additional Solicitor General, representing the said agency, also supported the appellant’s case.

Contentions of the Respondent

The Counsel submitted that his client, being a police constable, was working as a substitute driver, only as a stopgap arrangement, and had no role to play in the alleged commission of the offence on that date. He contended that the High Court granting him a bail primarily on this ground was valid.

Court’s Analysis and Judgement

The Bench on perusal of the charge-sheet observed a certain role attributed to the respondent in the commission of the alleged offences. It rejected the argument of the respondent and noted that his role was not confined to just being a driver of a police vehicle so far as commission of the alleged offences is concerned.

The Court highlighted a peculiar circumstance of custodial death to invoke its jurisdiction under Article 136 of the Constitution in order to invalidate a bail order. It observed that such offences being grave and serious in nature ought to be dealt cautiously. The Court mainly relied on the precedence in State of Jharkhand vs Sandeep Kumar to decide the case. This case dealt with an anticipatory bail granted to an accused police official. It pointed out that the offence in that case was much more serious in nature and decided to apply the same principle.

The Bench made an exception from the general rule of granting bail and adopted a stricter approach. This was primarily on two grounds which were in consonance with the principles applied in the Sandeep Kumar case. They are:

  • The first one is that respondent No.3 is part of the police force and the allegation is that of custodial death, in which he has been implicated. In cases of this nature, having regard to the overall influence a member of a police force may wield in connection with a case against them pertaining to custodial death, a stricter view is to be taken on the question of granting bail.
  • Secondly, the charge is under Section 302 of the Indian Penal Code and the appellant has been enlarged on bail within 1 and ½ years of his detention. The alleged offence is of grave and serious nature and that factor has not been properly considered by the High Court.

The Supreme Court, in light of the above observations held that such a stricter view is required partly because a police officer may wield more influence than an ordinary person and thereby set aside the impugned order of the High Court. It directed the respondent to surrender before the CBI Court within a period of four weeks. Therefore, it clarified that these observations were purely relate to the question of grant of bail and stated that the same shall not in any way influence the trial.

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Delays in submitting documents proving his educational qualifications should not make him ineligible for selection for a post: Supreme court

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Case title: Shaila Tanaji Patil vs Maharashtra Public Service Commission,

Case no.: Writ Petition No.15613 Of 2022

Decided on: 14.02.2024

Quorum: Hon’ble Justice A. S. Chandurkar, Hon’ble Justice Jitendra Jain

 

FACTS OF THE CASE:

The petitioner seeks to challenge an order of the Maharashtra Administrative Tribunal dismissing the petitioner’s filed by holding that the petitioner did not file the ‘Sports Verification Certificate’ with the respondents along with the application and thus cannot be considered for selection to the post of Police Sub-Inspector under Article 226 of the Indian Constitution.

PETITIONERS CONTENTION:

The petitioner claimed that she was already selected as a Police Constable under the ‘Sports Category’ based on the Certificate issued by the Association of Indian Universities. This is the certificate she had verified for the position of Police Sub-Inspector, and the respondents themselves verified it. The certificate was presented at the time of the interview.

The petitioner claimed that she was already in possession of the Certificate when she applied for the position of Police Sub-Inspector, and that she was appointed as a Police Constable on the basis of this certificate prior to the examination. The petitioner contended that on a true and proper construction of the advertisement’s Clauses, it cannot be said that she did not comply with the Clauses relating to the holding of the certificate at the time of making the application.

RESPONDENTS CONTENTION:

The respondents argued that they agreed with the Tribunal’s decision and further stated that the petition should be denied because the “Sports Verification Certificate” was not submitted with the application, indicating that the advertisement’s requirements were not met.

COURT ANALYSIS AND JUDGEMENT:

The court ruled that the Tribunal erred in dismissing the petitioner’s OA. And, admittedly, the petitioner had already obtained the sports certificate, which was also on record with the respondents. Furthermore, the verification certificate for the sports certificate obtained was filed and submitted at the time of the interview, in accordance with the advertisement’s clauses. Thus, even on this point, the Tribunal and the respondents were not justified in rejecting the petitioner for the position of Police Sub-Inspector.

The court relied on the case of Dheerender Singh Paliwal vs. Union Public Service Commission, which held that if a candidate is otherwise found to be meritorious and there is a delay in filing documents in support of his educational qualification that were filed before the date of selection, such a candidate should not be considered ineligible when deciding on selection for the post.

 

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“De Minimis Non Curat Lex: The Supreme Court emphasised that Law does not concern itself with trifles

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Case title: Vashist Narayan Kumar vs The state of Bihar & Ors.

Case no.: Civil Appeal No. 1 of 2024

Decided on: 02.02.2024

Quorum: Hon’ble Justice J.K Maheshwari, Hon’ble Justice K.V Viswanathan

 

FACTS OF THE CASE:

The appellant applied for the position of police constable and took the written and physical examinations. He provided his educational certificates/mark sheets, as well as his caste certificate, for document verification. On June 11, 2018, the final results indicated that he had failed. The only reason was that his date of birth was 08.12.1997 on the online application form, but 18.12.1997 on the school mark sheet.  After failing to receive a response, the appellant filed a writ petition in the High Court. The High Court dismissed his writ petition challenging this decision.

ISSUES:

Whether the error in the uploaded application form was material or trivial, and was the State justified in declaring the appellant to have failed as a result?

APPELLANTS CONTENTION:

The appellant contended that he derived no advantage because he was eligible regardless of which date was used; the error also had no bearing on the selection, and he produced educational certificates that reflected his correct date of birth despite being unaware of it.

RESPONDENTS CONTENTION:

The respondent contended that the advertisement contained all of the clauses stating that if the information provided by the candidates was incorrect or misleading, the application form would be rejected, and criminal action would be taken. It also stated that candidates must enter the correct date of birth as shown on their 10th board certificate. The clause also stated that candidates must correctly fill out their name, father’s name, address, and other information on the application form. It states that if any discrepancy is discovered while reviewing the documents, the candidate’s candidature will be cancelled.

COURT ANALYSIS AND JUDGEMENT:

The court determined that the appellant successfully completed all stages of the selection process. The error in the application was trivial and had no bearing on the selection process. The State’s exaggeration of the situation was unjustified.

The court stated that they did not believe the appellant could be penalised for this minor error that had no bearing on the final outcome. Errors of this nature, as seen in the present case, do not constitute misrepresentation or wilful suppression.

The court emphasised the principle of De minimis non curat lex, which states that trivial errors or omissions are exceptions because the law does not deal with trifles.

 

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Criminal proceedings can only be initiated against a public servant based on the recommendation of the administrative enquiry: Delhi High Court.

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Case title: Bijendar Singh Vs State & Anr.

Case no.: CRL. A. 292/2020

Decided on: 08.02.2024

Quorum: Hon’ble Justice V. Kameswar Rao, Hon’ble Justice Saurabh Banerjee

 

FACTS OF THE CASE:

The current appeal stems from the order of a special judge of the SC/ST court. The complainant filed an application under sections 4 and 3(2) (vi) and (vii) of the SC/ST Act, as well as sections 217 and 218 of the IPC, against an investigation officer who failed to appear in court for the hearing and also for no arresting the accused. The court ordered to file an FIR against the appellant.

 LEGAL PROVISIONS:

The SC/ST Act’s Section 4 discusses the penalties for public servants who fail to perform their duties.

No inquiry or approval is necessary in order to file a First Information Report (FIR) against any individual, according to Section 18A (1) of the SC/ST Act.  

Section 15A(11)(i) of the SC/ST Act states that it is the State’s duty and responsibility to specify a scheme for providing a free copy of the chargesheet.

APPELLANTS CONTENTION:

The counsel for the appellant argued that the SC/ST Act’s proviso, which states that a public servant may only be booked based on the recommendation of an administrative inquiry, was disregarded and overlooked by the learned special court. It must be acknowledged that at the time the contested order was issued, the learned special court had not yet requested or received any such report, and the contested order was issued without it.

He argued that the complainant’s grievances in the application are completely baseless and would not constitute a violation of the SC/ST Act. The complainant’s complaint that the appellant did not provide a copy of the chargesheet to him is without merit because the non-supply of the chargesheet does not violate any of the provisions of the SC/ST Act alleged by the complainant.

RESPONDENTS CONTENTION:

They contended that the provision in Section 4(2) of the SC/ST Act requiring an administrative inquiry only applies to the stage of framing charges, not the registration of a FIR. Furthermore, Section 4 must be read in conjunction with Section 18A and the overreaching object of the SC/ST Act. As a result, the impugned order of the learned special court cannot be challenged on the basis that it did not follow the procedure outlined in Section 4 because it was for the registration of a FIR rather than the framing of charges.

The counsel further contends that the appellant did not arrest the accused persons in accordance with the law laid down in Arnesh Kumar, but that the appellant failed to consider the recent judgement passed by the Hon’ble Supreme Court in Union of India vs. State of Maharashtra, (2020) 4 SCC 761, which held that where there is no provision for anticipatory bail, arrest must be made. The appellant did not comply with Arnesh Kumar’s requirement to provide reasons for not arresting the accused, which was mandatory.

COURT ANALYSIS AND JUDGMENT:

The court held that, while it is true that the accused has no right to be heard prior to the registration of the FIR, the SC/ST Act is a special act that supersedes the general provisions of Cr.P.C, and the proviso to section 4(2) clearly mandates that charges against public servants be booked only based on the recommendations of the administrative enquiry.

Based on various judgements, the court determined that the appellant, as the IO, has the discretion to arrest or not arrest the accused individuals based on the evidence gathered and the gravity of the offences. Also, once the appellant, who is an IO, files the chargesheet, the Magistrate cannot question the decision not to arrest the accused persons.

The court made it clear that this decision is solely for the purpose of deciding the appeal and will not interfere with the complainant’s case before the learned special court.
The appeal is granted, and any pending applications are resolved in accordance with the terms outlined above.

 

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