Thursday, June 20, 2013

Woman uses RTI to get photos of husband’s death in custody, seeks CBI investigation

Indian Express: Chandigarh: Thursday, June 20, 2013.
Three years after a Gurgaon resident died in judicial custody under mysterious circumstances, the Punjab and Haryana High Court has asked Haryana Police to explain why the investigation of the case should not be handed over to the CBI.
Forty-year-old Krishan Kumar was found dead in judicial custody a day after he was sent to jail by a Gurgaon court on January 11, 2010. Jail officials claimed he died of a heart attack but his family alleged foul play and approached the Deputy Commissioner. A magisterial probe was ordered after Kumar’s widow Parvesh Kataria alleged that he was eliminated because his brother was all set to uncover a bogus-vote racket involving politicians in 2008.
The probe questioned the police’s claims and recommended an independent probe into the death of Kumar. The magistrate, in a 16-page report, said “the matter needs thorough investigation from some independent/ impartial agency as there seems to be indulgence of senior political bosses, superior police officers, jail authorities, doctors and others”.
But no action was taken even two years after the magistrate submitted his report. Kataria then petitioned the High Court, demanding a CBI probe. She claimed her husband was framed by politicians and arrested in a fake case in 2008. “The false case dragged on for two years after which Krishan Kumar was picked up by Haryana Police on the ground that he had jumped bail,” advocate Ravi Kamal Gupta, counsel for Kataria, said.
A fortnight ago, the widow, through her lawyer, produced photographs of Kumar’s body she obtained these from the police under the Right to Information (RTI) Act. The photographs apparently show injury marks on the body. The High Court has asked Haryana Police to respond and explain why the probe should not be handed over to the CBI.
Incidentally, the earlier probe by the magistrate had noted that the post-mortem examination of the body was not conducted for two days and was done only after he had directed constitution of a medical board. The probe report mentioned that one of the doctors said “the possibility of death due to injuries cannot be ruled out”.