IMPORTANT POINT
Where a person dies under mysterious circumstances in police custody and it is proved that the deceased is not having any criminal background nor is he having any medical history and explanation given by the police is also not sound then matter should be referred to the C.B.I., who will depute a responsible officer to look into the various matters in depth so that responsibility can be properly fixed if it is prayed by deceased's side.

JUDGMENT

Rajindar Sachar, C.J.-Proceedings were started by Court on a news item that one Bharat Bhushan who had been arrested by the police had died in police custody. The petition was brought by amicus curiae. Toe advocates mentioned that it transpired after enquiry that Bharat Bhushan was arrested by the police on 28th November. 1984 and was taken to Police Post Chittaranjan Park. It was alleged that he was badly beaten up and when members of his family went to enquire about him they were showed away and money was demanded from them. It was also mentioned that other persons also were kept in the police custody and release was made after taking bribe. It was also alleged that pressure was applied on the members of the family to give similar bribe for the release of Bharat Bhushan.

2. Notice was issued and an affidavit was filed by Bhupinder Kumar Rishi, S.H.O. The stand taken was that in the morning of 9th December, 1984 at 4.00 a.m. S.I., Prem Singh Patwal, Respondent No. 7 was on patrol duty when he spotted Bharat Bhushan coming from the side of Tara Apartments, who was said to be carrying some articles with him including tape recorder and others. Bharat Bhushan was said to have been taken into police custody and taken to Police Post Chittaranjan Park. It is also stated that Bharat Bhushan complained of pain in his stomach. He was taken to the clinic of Dr. H. C. Goel where the doctor gave him an injection and kept him under observation till 9.30 a.m. From the clinic Bharat Bhushan was said to have been brought to the Police Post Chittaranjan Park, when the latter said that he should be allowed to take rest. Thereafter, according to the S.H.O. at 11. a.m. Bharat Bhushan complained of pain in chest and headache, and was brought to the All India Institute of Medical Sciences Hospital where doctors examined him and found it to be a case of suspected poisoning. The police registered a case F.I.R. No. 1493 dated 9.12.1984 under S. 309 I.P.C. at 3.05 p.m. Bharat Bhushan was not fit to make a statement and he died in the A.I.I.M.S. Hospital on the next day and the information was received by the police at 2.10 p.m. An inquest was held by S.D.M., New Delhi, who has noted that at 10.45 a.m. Head Constable Ramesh Chand had started asking questions from Bharat Bhushan and at 11.15 a.m. Bharat Bhushan having complained of pain he was taken to the A.I.I.M.S. Hospital. It was denied that Bharat Bhushan was beaten up by the police. In the report substance of evidence of Dr. H. C. Goel is given who has stated that the condition of Bharat Bhushan was pretty bad when he was brought to his clinic at 5.30 a.m. on 9.12.84 and therefore, he asked the police to take the patient to hospital with better facilities. Dr. Goel has stated that the police were, however, reluctant to take Bharat Bhushan to the hospital. Bharat Bhushan was taken to the hospital only at 11 a.m. when his condition was serious. He has stated that according to him Bharat Bhushan had not consumed any poison and that he was suffering from pulmonary edema. The fact that Bharat Bhushan died in police custody is not disputed. However, defence of the police is that he had taken poison. As is clear, police took the very unusual resort of registering a case under section 309 I.P.C. on a person who was to die within a few hours thereafter. The story of poison is imaginary and a myth because Dr. Goel had stated to the S.D.M. that in his opinion Bharat Bhushan bad not consumed any poison. We do not understand on what basis such an utterly baseless F.I.R. could have been recorded. Even the post mortem report of which evidence was taken before us of Dr. Vats of All India Institute of Medical Sciences, had stated that the viscera of the deceased was sent to the C.P.S.L, who on examination gave negative report for common poison. Ante-mortem injuries were found on the person of the deceased. Dr. Vats has further stated that Bharat Bhushan was suffering from noncardiogenic pulmonary edema, wh