Custodial violence must be rigorously investigated, and victims are entitled to damages for unlawful detention and torture by police.

JUDGMENT :

S. Talapatra, J.

By means of this writ petition, the petitioner has urged this Court for issuing a writ of Habeas Corpus for releasing the wife of the petitioner namely Rupa @ Snehalata Pradhan and his brother namely Dhaneswar Pradhan who were unlawfully taken to the custody by the opposite parties No.3 & 5 (typed as 4) on 10.10.2020.

2. It has been alleged that on 10.10.2020, Rupa @ Snehalata Pradhan was taken into custody and on 14.10.2020 Dhaneswar Pradhan was taken into custody. The police went to the rented house of Rupa @ Snehalata Pradhan at Bhubaneswar and breaking the lock, took away cash of Rs.2,00,000/-, Mangalsutra and other valuable items including Mobile Phone and gold ornaments. The local people witnessed the incident but they did not disclose anything out of fear.

3. The mother-in-law of the petitioner went to Baselisahi Police Station and saw her daughter-in-law tormented and tortured and she found marks of beating all over her body. The police did neither forward the arrested person/s to the Judicial Magistrate nor were they shown to be in custody. In such circumstances, the petitioner, husband of Rupa @ Snehalata Pradhan, has filed this petition primarily for release.

4. It has been also stated that Rupa @ Snehalata Pradhan has a physically challenged child and the said child has been facing serious difficulty for her unlawful custody. It has been stated in the petition that, when the mother of the petitioner raised objection against the unlawful police action, she was threatened by the police personnel and asked her ‘to keep a safe distance’ from the persons confined, otherwise they will be entangled in several cases. The petitioner had also approached the higher authority of the police, Odisha Human Rights Commission and also the S.D.J.M., Khurda for inquiry and release.

5. In their counter affidavit, the opposite parties No.4 & 5 have stated that the allegations as leveled by the petitioner in respect of illegal custody of Rupa @ Snehalata Pradhan and Dhaneswar Pradhan are all false, baseless and without an iota of truth.

6. It has been categorically stated in their counter affidavit, at para- 3, that the petitioner’s wife Rupa @ Snehalata Pradhan and his brother, Dhaneswar Pradhan had never been arrested or illegally confined by the police on 10.10.2020 and 14.10.2020.

7. It has been admitted by those opposite parties that on the basis of the complaint filed by the mother of the petitioner namely Kuni Pradhan, a complaint case being Misc. Case No.191 of 2020 was registered in the court of the S.D.J.M., Khurda under Section-57 read with Section-97 of the Cr.P.C. The S.D.J.M., Khurda by his order dated 14.10.2020 directed all the opposite parties including the Superintendent of Police, Khurda, Superintendent of Police, Puri, I.I.C., Khurda Police Station and I.I.C., Baselisahi Police to submit their reply. Accordingly, the opposite parties No.3 & 5 had submitted their reply stating that no such person namely Rupa @ Snehalata Pradhan, wife of the petitioner was ever arrested or detained in connection with any case within the jurisdiction of the Baselisahi Police