Division bench says difficult to believe such a case could happen in Maharashtra
The Bombay High Court on Tuesday handed over to the CBI, the probe into the alleged death of a youth while in the custody of Wadala railway police, saying that the manner in which the CID and local police were investigating the case had raised doubts.
"The CCTV footage from Reay Road and Wadala railway stations has not been seized by the state CID and the crime branch. It is crucial evidence to show the theory of accidental death of the police. All these circumstances create a doubt in our mind of fair investigations by the CID and the local police," a division bench of judges VM Kanade and PD Kode said.
The youth, Agnelo Valdaris, was picked up along with three others by the Wadala railway police on April 15, 2014, from the Reay Road area, for allegedly stealing a gold chain. Three days later, the 25-year-old died and the police said he was run over by a local train while trying to escape.
His father Leonard Valdaris complained that he had been severely beaten along with the others. This has been corroborated by statements of the other three youth who also alleged they were sexually abused.
"It is very difficult to believe that such a thing can happen in a civilized society and in a state like Maharashtra which is said to be progressive and secular," the judges said.
The court directed the CBI to act within 48 hours in the case and to make all efforts to seize the CCTV footage from the railway stations. It also directed the state government to extend all support to aid the CBI in the probe.
The policemen accused of the custodial death have been charged with murder and under sections of the Protection of Children against Sexual Offences Act (POCSA). This is the first case registered against policemen under POCSA.
A week ago, the high court had ordered the crime branch to file an FIR against the policemen responsible for the alleged custodial death and to investigate the case.
The case was initially registered by the CID and the crime branch made the CID police officer investigating the case the complainant, instead of recording the statements of the victims and registering an offence against the policemen involved.
The court said that the investigations show complete insensitivity by the investigating agency in interrogating the accused.
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