Delhi Court quashes FIR order against doctor, cop in custodial torture case
Court order
New Delhi: Setting aside a local court's order to register an FIR against a doctor and a police inspector for allegedly preparing a false medical report of an undertrial accused to cover up his injuries caused from a custodial torture, a Delhi court stated that the decision to file an FIR was made without proper analysis or verifying the accused statements.
In a nine-page ruling, Additional Sessions Judge (ASJ) Kiran Gupta of Patiala House Court said the Magistrate passed the order without properly examining important reports, including an inquiry report and findings from a Medical Board.
The court further noted that the Magistrate seemed to accept the claims made by the accused without verifying the facts or considering the nature and age of the injuries. It pointed out that, according to the accused’s own statement to the police, the injuries were the result of a scuffle with another person two days prior to his arrest. As a result, the court found no solid evidence to support the allegation of police torture.
Indicating that the magistrate court's judgment should not have been passed in such a manner, the court observed as reported by HT, "The Magistrate without considering the enquiry report and report from the Medical Board as ordered by him, passed the order for lodging of FIR against the petitioner, considering the submissions made by R-2 (accused) as gospel truth. The Magistrate...without analysing the age and nature of the injuries has ordered registration of FIR."
Medical Dialogues had previously reported that a local court in Delhi took serious action against a doctor at Indira Gandhi Hospital for allegedly helping the police cover up a case of custodial torture. The court ordered that an FIR be registered against the junior resident doctor for preparing a false medical report that showed the accused had no injuries. Later, the evidence proved otherwise.
The incident came to light when the accused was brought before the court on April 5 after being arrested by the Delhi Police. He was accused of using forged documents to get a Portuguese passport. The accused was on his way to Kathmandu, Nepal, using his voter ID. However, during document verification, it was found that he had earlier travelled to the UK on his Indian passport and later obtained a Portuguese passport by forging the identity of another Indian passport holder.
During the court hearing, the accused told the judge that he had been physically tortured while in police custody. The judge, ACJM Pranav Joshi, spoke to the accused privately in his chamber and found bruises on his arms and feet. Noting this, the judge denied the police's request for a 10-day custody remand.
However, the medical report submitted by the junior resident doctor from Indira Gandhi Hospital stated that the accused had no injuries. Later, a medical re-examination was done by jail doctors, who confirmed injuries on his right sole foot, right and left arms and left shoulder.
Challenging the local court's order, the inspector moved a revision plea before the Sessions Court, where ASJ Kiran Gupta observed that no offence was made out against the Inspector as neither the CCTV footage showed the officer assaulting the accused nor the accused said that he was beaten by the Inspector while in custody.
Additionally, the judge highlighted that the medical report did not mention how old the injuries were. She also noted that the accused had refused to undergo a medical examination by a board of doctors from AIIMS, which had been ordered by the Magistrate.
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