Unnao police custody death case transferred to Lucknow Police for investigation on the ground of unfair probe - SC

CASE: Nasima vs the State of UP

COURT: Justice Ajay Rastogi and Bela M Trivedi

The Top Court has transferred the Unnao custodial death case to Lucknow Police for investigation. The Court took this step after it noted that the probe conducted by Unnao (Uttar Pradesh) police seemed unfair.

The bench stated that after going through the records, it is clear that the investigation conducted cannot be said fair and impartial. The probe deserves the indulgence of the Court.

FACTS

Faisal Hussain, an 18-year-old vegetable seller, died after being allegedly thrashed by Bangermau policemen last year. The mother of the deceased filed a complaint alleging that Faisal was brutally killed in the police station. Subsequently, an FIR was registered, and the probe was handed to the circle officer attached to the police station of Bangermau, District Unnao.

The mother moved to the Allahabad High Court seeking a CBI probe contending an unfair probe by the Bangermau police. The HC disposed of her plea by remaining oblivious to her complaint.

Later, the HC order was challenged before the Apex Court.

HELD

After examining the statements recorded and other aspects, the bench was satisfied that the probe was unfair. The bench, while transferring the case to Bhagwan Swarup, the Inspector General of Police (IGP), Intelligence, HQ, Lucknow, said that fair investigation is undoubtedly very critical as protects the rights of the victims and the fundamental rights of the citizens in ensuring that the crime is investigated as per the law.