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Cracks Down on Custodial Death Claims: Probe Shifts to Elite Crime Branch
In a decisive move highlighting concerns over police self-investigation, the has transferred the probe into an alleged custodial death at to the . Justice Anup Jairam Bhambhani ordered the investigation of FIR No. 44/2026—registered under —to be led by an officer of at least Assistant Commissioner of Police (ACP) rank, under the direct supervision of the . The ruling came in a petition filed by Rahul Chauhan, who alleges his father, Shamsher Singh, was brutally assaulted by officers at the station on , and later declared dead at .
Property Feud Turns Fatal: The Chilling Timeline
The tragedy unfolded amid a family property dispute. On , Rahul Chauhan and his father were summoned to in southeast Delhi. According to the petitioner, they were taken to a separate room where five named officers allegedly beat Shamsher Singh severely. He was rushed to but pronounced "." A prior incident on at the same station was cited as context.
An FIR was lodged the next day, but the investigation was handed to Sub-Inspector Shamsher Singh from the same station—raising red flags for the petitioner. A complaint to the on went unanswered, prompting the urgent under and .
Petitioner's Plea: Justice Beyond the Station Walls
Rahul Chauhan's counsel, , urged the court for a fair against the accused officers (named in petition paras 18 and 19). Key demands included preserving CCTV footage from and 23, highlighting the risk of tampering given the investigating officer's station ties. The plea painted a picture of systemic bias, with the initial probe risking a whitewash.
Police Response: CCTV Down, But Videos Available?
Summoned to court on , Station House Officer Inspector Mahendra Pratap Singh and IO SI Shamsher Singh faced tough questions. The SHO admitted CCTV was non-functional on due to a "monkey menace" damaging wires, backed by Daily Diary entries to the maintenance agency. Footage from required checking. However, he offered alternative videos: one by an officer showing interaction with the deceased, and another from outside the petitioner's house. The SHO confirmed the accused officers were under his command.
The court directed an affidavit detailing these claims and ordered all video material handed to a new investigator.
Court's Razor-Sharp Logic: Eradicating Conflict at Source
Justice Bhambhani acted swiftly, retaining the case file in sealed cover for transmission to the Crime Branch.
"On a
view of the matter, and in light of what has been recorded above,
and in order to obviate any conflict or allegations that may come to be made subsequently,"
the investigation was shifted. This preempts bias claims, ensuring a professional, expeditious probe.
No precedents were directly cited, but the ruling underscores judicial oversight in custodial death cases, where rights to life and fair probe collide with police autonomy.
Key Observations from the Bench
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On the gravity
:
"Considering the grave nature of the allegations made, it is directed that the SHO... be called to remain present before this court..."
-
CCTV directive
:
"Learned counsel submits, that urgent directions are required to preserve the CCTV footage of P.S.: Pul Prahladpur for ..."
-
Transfer rationale
:
"...the investigation... is transferred... with a direction to the , Delhi Police to appoint an appropriate investigating officer of at least the rank of an ACP..."
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Supervision emphasis
:
"Needless to add, the Joint Commissioner (Crime) shall ensure that the investigation proceeds professionally and expeditiously."
Road to Accountability: Implications and Next Steps
This order mandates handing over all evidence, including viscera samples, to the new team. A status report is due by . For families alleging custodial violence, it signals courts won't tolerate in-house probes. As reports note, the "monkey menace" explanation for missing CCTV has sparked skepticism, amplifying calls for transparency in police stations.
The bench also called for a into the officers, balancing criminal probe with internal accountability. This could set a precedent for transferring sensitive cases, bolstering public trust amid rising custodial death concerns.
