Bombay HC unhappy over report on ‘custody death’, seeks info on CCTV footage

MUMBAI: Bombay high court expressed its dissatisfaction over a report filed in March by the Mumbai Police and in an order on Monday said it expects the state "to file a "comprehensive report bringing out what further steps have been taken towards investigation of the alleged custodial death of the victim Vijay Singh''. The Wadala TT police picked him up last October over a skirmish that he and two others allegedly had with a couple who alleged that three men sexually harassed the woman.The HC directed the report to be filed in a sealed cover by September 7.
Hriday Singh, a taxi driver and father of Vijay Singh had petitioned the HC seeking justice in custodial death case. He alleged that his son, 26, had died in "illegal custody of Wadala Truck terminal police on the night of October 27, 2019, as a result of a cruel assault and inhuman treatment by police official of this station.''
The HC bench of Justices Amjad Sayed and Abhay Ahuja also wants the state to inform whether two co-victims’ statements have been recorded. The duo, Ankit Mishra and Nirmal Singh, also co-petitioners in the matter, were also alleged eye-witnesses, their lawyer submitted.
After hearing his lawyer Vinay Nair and public prosecutor Deepak Thakre the HC also called for information whether CCTV footage of that day from the police station is available.
Advocate Nair had contended during the hearing via videoconferencing pointed to a judgment of the HC passed in August 2014 in a petition filed by Leonard Xavier Valdaris against the Wadala railway police where the state was directed to install and maintain CCTV with rotating cameras in every corridor, room and lock up of each Police Station, so that every part of the Police Station is covered 24 hours and the tapes of the CCTV to be preserved for a minimum period of one year.
The bench directed the state to indicate in its report "whether recordings of such CCTV footage are available'' and adjourned the matter to September 7.
The petition alleged that Vijay Singh was on his way to meet his fiance after a family pooja and while Mishra and Nirmal Singh had gone to fill fuel in their bike, at around 10.30 pm they heard shouts at a distance, and on coming closer thay allegedly found Vijay being beaten by the couple who alleged that he had intentionally flashed his bike headlight towards where they were sitting. The Wadala TT police was nearby and a police van passing by stopped on seeing the skirmish and picking Vijay took him to the police station, allegedly beating him all the way "mercilessly with their bare hands and sometimes with their lathi.''
Vijay complained of chest pain, said the Petition and asked for water which the police allegedly "pitilessly refused'' asking him to that the police. Even when his family came and pleaded with the police to let him go and later while Vijay writhed in pain clenching at his chest, requested that he be taken to a hospital urgently,the police allegedly refused and by the time the family managed to take him, it was too late.
"The entire set of events took place inside Wadala TT police station between around 11 pm on the night of October 27 and 4 am next day,''said the petition adding "No CCTV camera s were installed inside the police station and the one at the entrance was conveniently not functional."
Huge protests followed the next day demanding justice for Vijay Singh, the petition demanding that the an FIR be directed to be filed immediately against concerned police in the custodial death case, which amounts to murder and to produce Ankit Mishra before the court. It also sought orders for compensation of Rs 5 crore for Vijay Singh's family and Rs 1 crore each to Nirmal Singh and Ankit Mishra while holding state accountable.