Kasganj custodial death: File reply by today or bear heavy cost, Allahabad HC tells UP police

AGRA: The

Allahabad high court

has slammed the superintendent of police (SP) of Kasganj for failing to file a response to a plea seeking CBI inquiry in the custodial death case of November 2021 in which 22-year-old Mohammad Altaf was found "hanging" from a tap in a local thana's lock-up.


The bench comprising justice Anjani Kumar Mishra and justice Deepak Verma said, "In case the affidavit which was called for... (on) December 23, 2021 is not available on record by tomorrow (Thursday), this court shall impose a very heavy cost."

Altaf had then been accused of kidnapping a Hindu girl. Police claimed at that time that he strangled himself inside the washroom of the lock-up by attaching the drawstring of his jacket to a roughly three-foot-tall tap. However, his family alleged that he was murdered by cops.

Advocate Mohd Kumail Haider, appearing for the victim’s father, urged the court to direct authorities to conduct a second post-mortem.

He alleged that the first report appeared to be “dubious” and “manufactured”. The body has been buried for roughly two months now. The court, however, asked Haider to wait until Thursday before pleading for this interim relief.

Haider told TOI, “The petitioner and his family face grave danger from local police authorities. They have no faith in the state police and their investigation. Hence, it is necessary to involve an advanced team of investigators who are not biased. We have also requested the court to provide security to the family."

On December 10, a writ petition was filed by Altaf’s father, Chand Miyan, seeking a CBI probe and a second post-mortem. Miyan also sought a compensation of Rs 1 crore as the “state failed to prevent the custodial death of his son.”

Taking cognisance of the plea, the Allahabad HC had sought a response from the SP within 10 days on December 23.

An FIR against “unidentified” policemen under Section 302 (murder) of the IPC was registered in the case after a complaint was made by Miyan in November. The SP had earlier suspended five police personnel on charges of negligence.