SC notice to ACP in custodial death case

Suddenly around 10 to 12 armed men asked her to open the gate. All of them were armed and drunk. When she refused, they started abusing her, forced their way in and began ransacking the house. The men also allegedly kicked her elder daughter awake and made her stand with a revolver to her head.

Meanwhile, Dilip entered the house with their neighbour Gulshan Dutta, guest Alok Mukherjee and domestic help Amulya Sarkar. The men beat and kicked him, and then demanded money. They then dragged Dilip with them, after warning Debashree not to call anyone or report the matter to thepolice.

Undeterred, she followed them up the lane and saw a Maruti and a police vehicle parked there, and a man — later identified as ACP Dua — giving them instructions.

When she dialled 100 there was no response. Neither did the PCR van arrive at her house, nor the local police offer any assistance. In her affidavit Debashree said: “… local police came there but they did not record my statement saying that they would not take any statement against the special staff police.”

The next morning some neighbours went to the Welcome Police Station and discovered that Dilip’s condition was very serious. That evening Dilip was brought unconscious to Dev Nursing Home, in an autorickshaw by Amulya and Alok. The servant told Debashree that “… they had been instructed by some official in the special staff that my husband should not be taken to any government hospital”. The police allegedly told them to take Dilip to a private nursing home, while offering to pay for his treatment.

Dilip died at the HolyFamily Hospital on August 8, 1995. Meanwhile, policemen in batches of 3-4 would come and offer his widow money so that she wouldn’t register a case. Dua also allegedly approached her. In her affidavit she also said that the police would call and threaten to kill her and kidnap her children.

When Debashree went to police headquarters during the investigations she saw the officer who was instructing the other men that night. From his badge she came to know that he was ACP Dua.

Debashree subsequently approached the National Human Rights Commission who conducted an investigation, said it was a case of police atrocities and indicted Dua.

The formal trial started on February 10, 1998, when Dua’s name first came on record.

On March 4, 1998 Additional Sessions Judge H P Sharma, Karkadooma Court, dismissed the application filed under Section 319 of the Criminal Procedure Code (to summon Dua as an additional accused in the case). The judge said that the application was moved very late and the petitioner had notcorroborated the material aspects that the person sitting in the car was giving instructions to the other accused.

On March 20, she filed a review petition in the Delhi High Court, which was dismissed.

On July 13, 1998 a special leave petition was filed in the Supreme Court. The Apex Court issued notice to the Delhi Government on the first date of hearing, August 13.