2014 custodial death by Wadala GRP: Court refuses to adjourn proceedings till decision on murder charges for accused

The special court in its order said that the decision of the high court will be binding on it on whether section 302 (murder) of the Indian Penal Code can be applied.

The issue of invoking murder in the case has seen multiple turnarounds.

In April 2014, Agnelo Valdaris died in custody of the Wadala GRP, after being apprehended in a theft case along with three others.

Police claimed that Valdaris had tried to escape and died after colliding with a running train. His co-accused at that time, including a minor apprehended with Valdaris, however, had said that they were physically and sexually assaulted by police and that he was in no position to run.

The CBI, which took over the probe, however, said that there is no evidence to suggest murder and instead filed a chargesheet on charges of assault and relevant sections of the Protection of Children from Sexual Offences Act for the alleged sexual assault.

In 2019, the high court directed the trial court to frame charges against the eight accused for murder and destruction of evidence, refusing to accept the CBI’s contention. In September 2022, the trial court said that prima facie the conduct of the police personnel was suspicious and said that the accused can be made to face a trial for charges of murder. Thereafter, two separate orders of the high court were passed in the case.

In December 2022, a single-judge bench dismissed a petition by the accused seeking quashing of the trial court’s order and another in April 2023, set aside the order of the trial court, stating that the police personnel cannot be charged for murder. In April 2024, the Supreme Court directed that a larger bench or division bench be constituted in the high court to decide on the issue, as the previous two orders are contradicting each other. A hearing has not taken place in the high court so far.