STATING THAT cases of custodial deaths shall be dealt with high priority and the state is required to appoint special public prosecutors in such cases, a special court has directed the state government and the CBI to appoint such prosecutors in the trial against eight police officials in the Wadala 2014 custodial death case of 25-year-old Agnelo Valdaris. In April 2014, Agnelo and three others, including a minor boy, were apprehended by the Wadala Government Railway Police (GRP) in a theft case. The police claimed that Agnelo had been killed while trying to escape after colliding with an oncoming train on April 18, 2014. The minor boy and others had, however, said they were physically and sexually assaulted by the police and the death was caused due to the assault. Agnelo’s father, Leonard, had approached the Bombay High Court in 2014 leading to various directions by the court for reforms and guidelines to be followed in cases of custodial deaths. One of the directions given in the order passed on August 13, 2014, was that in cases of custodial deaths, courts shall deal with the cases on high priority and the state shall appoint a special public prosecutor. The probe was transferred to the CBI in June 2014, which has appointed its prosecutor to conduct the proceedings. The trial in the case is yet to begin. Recently, the special court was informed that the high court order passed in 2014 had directed for a special public prosecutor to be appointed by the state. The CBI opposed the plea stating that the directions were applicable to cases of custodial deaths prosecuted by the state government and not the CBI. The CBI also said that the accused are also booked under provisions of Protection of Children from Sexual Offences Act and not just for the custodial death. Special Judge S M Menjoge said that Agnelo had died in police custody and the high court has directed to frame charges against the accused police personnel including under Section 302 (murder) of the Indian Penal Code. “This court cannot differentiate the directions given by Hon’ble High Court that it is not in respect of custodial death in other cases. Custodial death means custodial death,” the special court said in its order on Thursday, directing the state government and the CBI to appoint a special public prosecutor who shall be assisted by a woman public prosecutor to conduct the case at the earliest. The CBI in its probe had said the death could not be considered a murder and sought for the accused police personnel to be charged for assault and sections of POCSO. The high court had, however, directed the trial court to charge the police officials for murder.
