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This is an archive article published on September 19, 2015

Nand nagri death inquiry- Probe report: Police used excessive, unwarranted force

The report says that “as per the statement of witnesses, the use of force by police is corroborated”.

A week after a magisterial probe was ordered into the custodial death of 35-year-old Shahnawaz Chaudhary in Nand Nagri in North Delhi, the inquiry report has held the Delhi Police responsible for “use of excessive and unwarranted force in dealing with a simple case of altercation”.

The probe report by Seemapuri Sub-Divisional Magistrate (SDM) Rakesh Kumar, submitted to the office of Deputy Chief Minister Manish Sisodia on Tuesday, states that the injuries were produced by a “blunt force impact” case by various mechanism such as “by fall, some injuries by stick/danda and some during struggle”.

The report says that “as per the statement of witnesses, the use of force by police is corroborated”.

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On September 7, Chaudhary died under ‘mysterious circumstances’ while being taken to a police station after he intervened in a scuffle between a couple and the police. In the probe report, Kumar cites a video footage that shows Chaudhary pinned down on the ground, “overpowered” by several police personnel and being beaten up with batons.

The post-mortem report obtained from Guru Teg Bahadur Hospital, cited as “quite conclusive and self explanatory”, points to 23 external injuries on the body.
The cause of death in the autopsy states “asphyxia as a result of ante-mortem compression of neck produced by broad object” and adds that “all injuries are ante-mortem in nature’ and ‘internal injury to neck is sufficient to cause death in ordinary course of nature”.
“While taking the victim to the police station, three policemen sat on him leading to his death due to asphyxiation, as per statement of deceased wife,” states the probe report.

Kumar, in his report, complained of “non-cooperation by police in supplying desired information” to him and also “uncalled for interference in the process of inquiry by misleading the medical superintendent of GTB Hospital that the issue was sub-judice and post-mortem report should not be provided to anyone”.
The inquiry summarises that the victim was in “good/fit condition, driving a motorcycle with his wife and young kid sitting pillion, without any complaint of physical ailment”.

“Had he not intervened in the scuffle of another couple and went ahead with his family, in all likelihood, he would have been alive today… He did intervene and probably abused/provoked the police officials who took umbrage at his uncalled for intervention in their official duty and this led to further altercation,” the report stated.

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“The victim’s wife is also seen to be held captive by a woman constable and shouting for help to save her husband,” stated the report.

The AAP government, which has been at loggerheads with the Delhi Police and has often sought control over it, once again lashed out at the police and called for immediate action against the errant police personnel in the case.

AAP leader Ashutosh tweeted on Friday morning, “Now custodial death is also proved by magistrate report in Nand Nagri death. Will police file FIR and arrest erring police personnel?”

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