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New Delhi:
A Supreme Court judge has expressed the view that all cases of
custodial deaths should be investigated by an independent
investigating agency like the CBI.
"My personal opinion is that all
custodial deaths should be handed over to the CBI," Justice Dalveer
Bhandari, heading a bench which included Justice Deepak Verma,
observed, while dismissing the Kerala Government's appeal
challenging the CBI inquiry into a custodial death case.
The Kerala Government had moved the
apex court questioning the CBI probe into the custodial death case
of one Sampath who was picked up by the Palakkad police in
connection with the death of a woman Sheela.
Sampath, who was picked up for questioning, reportedly died in
custody on March 30, 2010. On the basis of a petition filed by his
brother, a single judge of the Kerala High Court ordered a CBI
inquiry as the accused involved in the alleged offence were police
officers.
A division bench upheld the decision, following which the state
appealed in the apex court. The state took the plea that the case
was being handled in an impartial manner by it as the investigation
was handed over to the Crime Branch-CID which had found prima facie
evidence against one deputy SP rank officer, a circle inspector and
two sub-inspectors besides eight other policemen.
However, the argument failed to convince the apex court which
concurred with the findings of the High Court.
"It is astonishing that the State
Government has come to the Supreme Court against the High Court
order. Two benches of the High Court had comprehensively stated that
the case should be handed over to the CBI. They have given detailed
reasons for that", SC observed.
"Why is the State shirking? They (CBI)
are your own colleagues. Accused belongs to the police department,
there can be inference," the apex court observed while dismissing
the government's appeal.
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