No bail for 7 cops in custodial death case

NEW DELHI, October 27: Chief Metropolitan Magistrate (CMM) Prem Kumar today rejected the bail plea of seven policemen involved in a custo...

NEW DELHI, October 27: Chief Metropolitan Magistrate (CMM) Prem Kumar today rejected the bail plea of seven policemen involved in a custodial death case in December 1992.

In his order the CMM said that this was not a fit case for bail and “their enlargement would in all probability result in influencing the course of justice by way of influencing witnesses”. He described the case as “…a tale of tyranny of power and if true, hell need not be fabricated, it already exists here”.

The seven surrendered in the CMM’s court on October 24 and were remanded to judicial custody. The CMM had issued non-bailable warrants (NBWs) against them on September 25 for allegedly causing the death of one Jaswant Singh, torturing his family members and implicating them in a false case in December 1992.

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The warrants were issued against Sub-Inspector Ramesh Narang, Constables Bal Kishan, Meer Singh, Rohtash Singh, Jashveer Singh, Pawan Kumar and Mohsin Khan, after the court took cognizance of a Central Bureau of Investigation (CBI) chargesheet.

The CBI started probing the case this year after a Delhi High Court direction on January 17, 1995. The investigating agency filed chargesheets on December 2, 1995. The Sub-Divisional Magistrate (SDM) who conducted the inquest concluded that Jaswant Singh died in police custody on December 3, 1992.

The CBI said, “The cops had severely beaten Jaswant, his brother Balbir and outraged modesty of some women members of his family and later implicated them in a false case”. It further alleged that the policemen had inflicted injuries on themselves to show that Jaswant had attacked them.

The CMM stated today: “The law does not permit torture or death of an accused in custody … if the custodians of law themselves indulge in crime then no member of the society would be safe and secure. The police cannot sink below the plimsoll line of humanism: Quis Custodiet, Ipsos Custodes (Who is to guard the guardians?)”.

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In their bail applications the accused submitted that they were only carrying out the orders of senior police officials who are the real culprits but have been exonerated. The applications say that there is no likelihood of the accused absconding as they have been with the police force for the last six years. The CMM, however, said: “The crime in question is heinous and unpardonable. No one has the right to take away the life of another under the garb of authority.” He added: “The state apparatuses have to remain under check and control to ensure that abuses are not carried out and institutionalised. Rule of Law is to be followed even by the police if the country is to preserve the basic principles of a democratic society”.