Court orders inquiry into allegations of custodial violence upon accused in CBI custody in fake medicine racket bribery case

New Delhi [India], July 8 (ANI): The Rouse Avenue Court on Tuesday ordered an inquiry into the allegations of custodial torture of the accused Prabhat Kumar during CBI custody, who has been arrested in connection with the fake medicine racket bribery case.
The court noted that Medical records show blood clotting in the ear and an inability to hear properly. It is alleged that the accused was taken to Bara Hindu Rao police station, where he was severely beaten by the four CBI officials.
"These are not vague or bald allegations but are prima facie supported by contemporaneous medical records prepared by government doctors during the subsistence of police custody," the CBI Judge said.
The incident of custodial violence came to light while hearing an application filed by accused Prabhat Kumar for seeking medical examination/ treatment of his ear due to custodial assault and torture by CBI officials.
The court has asked the top officials to conduct an inquiry to identify the officials involved and the supervisory officer under whose custody was during the period of June 17 to June 22.
Special CBI Judge Sushant Changotra ordered the inquiry and sought action upon the officer and their supervisors, if found at fault.
"No investigative agency, irrespective of the nature of the allegations being investigated, enjoys any licence to employ physical violence, coercion or torture during interrogation," the court said.
The court directed that a comprehensive, fair and impartial inquiry be conducted into the allegations of custodial violence levelled by accused Prabhat Kumar.
The court said, "The inquiry shall not be confined merely to identify the officials who allegedly inflicted the physical injuries upon the accused but shall also examine the role, responsibility and accountability of all supervisory officers under whose command and control the accused remained during the period of police custody."
"It is expected that the inquiry will specifically ascertain whether there was any act of
commission, omission, acquiescence or failure of supervision on the part of any superior officer which facilitated, permitted or failed to prevent the alleged custodial violence," the court said.
The court also highlighted that it is desirable that the inquiry be conducted by an officer (preferably a senior officer) unconnected with the present investigation so as to inspire confidence in its fairness and impartiality.
"If the inquiry reveals commission of any criminal offence or departmental misconduct by any officer, appropriate criminal as well as departmental proceedings be initiated strictly in accordance with law against the concerned erring officials," the court directed.
While ordering inquiry, the court noted that Medico Legal documents (MLCs) of 19.06.2026 and 20.06.2026, read conjointly, prima facie establish that the accused Prabhat Kumar sustained physical injuries while he was in the exclusive custody of CBI officials.
It observed, "The MLC of 19.06.2026 records a contusion over the left thigh, whereas the MLC of 20.06.2026 records blood clots and a bulge in the left ear, along with the history of physical assault while the accused was in police custody."
The court asserted that the unexplained injuries on the person of the accused, coupled with the admitted movement of the accused to another police station during police custody and the contemporaneous medical evidence, lend substantial prima facie support to the allegations of custodial violence.
The accused, Prabhat Kumar, was arrested on June 16, and he was remanded to CBI custody on June 17.
It is alleged that during the police custody, Prabhat Kumar was given severe beatings due to which he suffered serious injuries in his left ear and on his left thigh.
The Counsel for the accused argued that the stated custodial violence is apparent from the medical examination reports of the accused. The orders of the court directing daily medical examination of the accused in custody were not complied with.
The counsel submitted that Prabhat Kumar was examined in Safdarjung Hospital on account of a complaint of ear pain, and the ENT notes of June 20, prepared by Safdarjung Hospital, show the existence of blood clots in his left ear.
The said ENT notes also record the complaint of a history of physical assault while in police custody on June 18 at about 3 AM in the police station.
The accused, Prabhat Kumar, who was present in the court, also submitted that the CBI officials had taken him to Bara Hindu Rao Police Station, and four CBI officials whom he can identify gave severe beatings to him in the said police station.
He further submitted that due to injuries caused to him in the ear, as a result of beatings given by CBI officials, he is unable to hear from his left ear unless and until someone speaks from a very close range.
On the other hand, the CBI argued that the accused Prabhat Kumar was medically examined on a daily basis. He has levelled false allegations, which are an afterthought. They further submitted that the court may pass appropriate directions for the medical examination of the accused/applicant.
During the hearing, the Investigating Officer admitted that the accused was taken to the said police station while in CBI custody, though according to him, it was for the purpose of recovery of the alleged bribe amount.
After hearing the submissions, the court observed, "Custodial violence is one of the gravest assaults on the rule of law. It strikes at the very foundation of a constitutional democracy founded upon the guarantee of life, liberty and human dignity under Article 21 of the Constitution of India."
The court said that the police or any investigating agency cannot be permitted to assume the dual role of investigator and punisher. Punishment for any criminal act can only be
imposed by a competent court after due process of law. Any departure from this fundamental principle amounts to a direct affront to the rule of law.
The court said that it cannot remain a silent spectator when contemporaneous medical evidence discloses injuries sustained by an accused while in the custody of a premier investigating agency and took a serious view of the fact that the CBI failed to furnish even the slightest explanation regarding the circumstances in which such injuries were caused.
"If allegations of custodial violence against officers of an investigating agency are ignored or casually brushed aside, it would amount to judicial indifference towards a serious violation of constitutional rights and could undermine public faith in the administration of criminal justice," the court said.
The court said that the allegations made in the present case are of an extremely serious nature. The submissions of the accused made in the court to the effect that he is unable to hear from the left ear disclose allegations of permanent privation of the hearing of his ear, which in fact is tantamount to causing grievous injury.
"Such allegations, particularly when directed against officers of the country's premier investigating agency, cannot be permitted to remain unanswered," the court said.
"Accordingly, this Court considers it imperative that the matter be examined at the highest level within the CBI," the court said.
The court directed that the Jail Superintendent concerned shall get Prabhat Kumar medically examined at Safdarjung Hospital, Delhi, where all the necessary treatment shall be provided to him. (ANI)