CBI torture case: quot;IO change tough at this stagequot;

NEW DELHI,January 17: Following Chief Metropolitan Magistrate R.K. Gauba's order, SP Anil Kumar of the CBI's Anti-Corruption Branch ACB...

NEW DELHI,January 17: Following Chief Metropolitan Magistrate R.K. Gauba8217;s order, SP Anil Kumar of the CBI8217;s Anti-Corruption Branch ACB appeared in court on Saturday in a case of alleged torture and illegal detention of two persons in the agency8217;s custody.

In his reply to the CMM8217;s order, SP Kumar said that since Investigating Officer IO Virender Thakran, whom the defence has accused of physically torturing Joginder Singh Dahiya and Sanjay Rana, was fully conversant with the facts of the case, a change at this stage would hamper the investigations which had been on for more than a month.

Dahiya and Rana have been accused of stealing answer-sheets of the staff selection commission examination from the CGO Complex on Lodhi Road on November 23 last year.

The SP said that the two accused belonged to a gang and the CBI needed to keep them in custody to find out the names of the other members.

Defence counsel R S Malik, however, cited a Supreme Court order and objected to the case being handled by Thakran. On being asked by the CMM, Kumar sought time to consult his seniors about changing the IO.

In turn, the CMM again rejected the police custody application being pressed by the CBI. He said:8220;I am afraid that with the expectation of a criminal complaint of serious nature being filed against this IO concerning his acts of commission and omissions, if found true, would amount to serious punishment under the Indian Penal Code.8221;

He observed that the present circumstances had emerged in spite of the fact that the investigations were being supervised by a senior officer. 8220;CBI must bear that the accused persons were arrested as per their records on January 13. The duration for which the accused can be remanded to police custody is running out,8221; the CMM said, adding that the agency8217;s response must come promptly if the investigations were to be continued in right earnest.

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Dahiya and Rana were remanded to judicial custody on Thursday after the CMM rejected the CBI8217;s application asking them to be placed in police custody. While remanding the two to judicial custody, the CMM had ordered Tihar jail authorities to submit their medical examination reports on Friday. The CMM issued the summons to Kumar after the reports confirmed the defence allegation that Dahiya and Rana had been physically tortured by Thakran in CBI custody.

The two accused, who run the Prayas coaching centre at Nangloi in west Delhi, surrendered before the CBI on Monday following a summons issued by the agency in connection with the answer-sheets theft case.

According to the defence, the CBI went to the coaching centre following the theft at CGO complex, but failed to locate the two accused. On December 31 last year, Dahiya and Rana went to the CBI office, but did not find the concerned officer. Malik said that they went to the office again on Monday and met SP Kumar. During this visit, the two were accompanied by Dahiya8217;s uncle Sardara Singh who has submitted an affidavit to this effect.

Malik added that when Dahiya and Rana did not return home, the former8217;s father went to the CBI office and saw that the two were being 8220;mercilessly beaten8221;. Thereafter, an application was filed in the CMM8217;s court on Wednesday and notices were issued to the concerned CBI officers.