NEW DELHI, JANUARY 15: A city court today directed a Central Bureau of Investigation (CBI) Superintendent of Police (SP) to appear in court tomorrow in a case of alleged illegal detention and torture of two accused in CBI custody. Chief Metropolitan Magistrate R.K. Gauba issued the summons to CBI's Anti-Corruption Branch SP Anil Kumar after medical examination reports confirmed the defence allegation that Joginder Dahiya and Sanjay Rana were physically tortured by Virender Thakran, the investigating officer in the case. Dahiya and Rana were arrested by the Anti-Corruption Branch on Monday. The two have been accused of stealing answersheets of the staff selection commission examination on November 23 last year from the seventh floor of the C.G.O. complex on Lodhi Road.While remanding the two to judicial custody yesterday, the CMM had ordered Tihar jail authorities to submit their medical examination reports by this morning. Following the direction, the CBI got the two accused medically examined and submitted the reports in court today.The court deferred its decision on the CBI plea for police custody till tomorrow and instead remanded Dahiya and Rana to judicial custody.The CMM observed: ``In the facts and circumstances of the case where injuries have been found inflicted on the accused persons, in my considered opinion it would not be proper nor safe to hand over the custody of these accused persons to the present IO.''Defence counsel R.S. Malik also moved an application seeking initiation of contempt proceedings and departmental action against Inspector Thakran. Malik alleged that the accused had surrendered before the CBI on Monday but were not produced before a magistrate till yesterday. He sought a detailed report on the alleged illegal detention of the accused.The CBI refuted the charges and submitted that the accused were arrested on Wednesday. The CMM asked the agency to file its reply to the application seeking initiation of contempt proceedings by tomorrow. ``It would be in the fitness of things that the superintendent of police, CBI, who is incharge of concerned unit should be called for the purpose of securing his reply on the contempt application and also his response to the need to hand over the investigation of this matter to some other investigating officer,'' the CMM pronounced.Dahiya and Rana, 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 answersheets 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 Dahiya's uncle Sardara Singh who has submitted an affidavit to this effect.Malik added that when Dahiya and Rana did not return home, the former's father went to the CBI office and saw that the two were being ``mercilessly beaten''. Thereafter, an application was filed in the CMM's court on Wednesday and notices were issued to the concerned CBI officers.
