{"id":384955,"date":"2026-05-23T09:00:41","date_gmt":"2026-05-23T03:30:41","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=384955"},"modified":"2026-05-22T17:58:12","modified_gmt":"2026-05-22T12:28:12","slug":"allahabad-hc-seeks-cbi-intervention-in-2010-custodial-death-of-a-disabled-man","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/05\/23\/allahabad-hc-seeks-cbi-intervention-in-2010-custodial-death-of-a-disabled-man\/","title":{"rendered":"Failure of three institutions? Allahabad High Court Directs CBI Intervention in 2010 Custodial Death of a Disabled Man"},"content":{"rendered":"<style>\n.animate-charcter{background-image: linear-gradient(-225deg, #231557 0%, #44107a 29%, #ff1361 67%, #fff800 100%); background-size: 200% auto; -webkit-background-clip: text; -webkit-text-fill-color: transparent; animation: textclip 0s linear infinite;}\n@keyframes textclip {to {background-position: 200% center;}}\n<\/style>\n<div style=\"text-align: justify; line-height: 150%;\">\n<p style=\"margin-bottom: 3%;\"><span style=\"font-weight: bold;\">Disclaimer:<\/span> <span style=\"font-style: italic;\">This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.<\/span><\/p>\n<p style=\"margin-bottom: 3%;\"><span style=\"font-weight: bold;\">Allahabad High Court:<\/span><span style=\"color: #0e101a;\">&nbsp;In a PIL filed in 2010 regarding the alleged custodial murder of a disabled man, the Division Bench of Siddharth Nandan and <span style=\"font-weight: bold;\">Atul Sreedharan*<\/span>, JJ., held that all 3 institutions, the Court, the State, and the National Human Rights Commission (NHRC), failed in the present case. Considering the repeated failed attempts by the Court to secure the videography evidence, as the State and the police were being evasive in their response, the Court directed the Central Bureau of Investigation (CBI) through its Anti-Corruption Bureau (ACB) office, Ghaziabad, to secure the video within 60 days from the date of this order and produce it before the Court on the next hearing.<\/span><\/p>\n<h3>Background<\/h3>\n<p style=\"margin-bottom: 3%;\">The present PIL was filed regarding the custodial death of a disabled man in 2009. He hanged himself with his belt in the urinal part of the lock-up. As per the disability certificate, the deceased suffered from 40 per cent physical disability.<\/p>\n<p style=\"margin-bottom: 3%;\">The petitioner, Association for Advocacy and Legal Initiatives (AALI), is an organisation led by women who are committed to the protection and advancement of the rights of women, children, and marginalised communities. In Para 9 of their affidavit, statistics relating to the custodial deaths in India and how the State of Uttar Pradesh topped in cases of custodial deaths in the year 2021&#8212;2022 have been mentioned. The affidavit states that the number of custodial death cases had risen from 451 in 2020&#8212;2021 to 501 in 2021&#8212;2022 as per the Government data. Thus, AALI filed this PIL to unearth the truth relating to the custodial death of the deceased herein.<\/p>\n<p style=\"margin-bottom: 3%; font-weight: bold; font-style: italic;\"><span style=\"color: #0e101a;\">Also read:<\/span> <a href=\"https:\/\/www.scconline.com\/blog\/post\/2025\/12\/04\/jha-hc-orders-principal-secretary-to-file-fresh-affidavit-on-custodial-deaths\/\" target=\"_blank\">Custodial Deaths| Jharkhand High Court seeks fresh affidavit on all cases of deaths in police custody and transit<\/a><\/p>\n<h3>Court Proceedings<\/h3>\n<p style=\"margin-bottom: 3%;\">In the 16 years, counter-affidavits were filed by the then Station House Officer (SHO) of the police station concerned, Superintendent of Police (District Mainpuri), and SHO of Police Station Dannahar in 2010. In 2011, the Circle Officer of Bhugaon filed an affidavit bringing on record the FIR proceedings initiated under Section <a href=\"https:\/\/www.scconline.com\/DocumentLink.aspx?q=JTXT-0001519391\" target=\"_blank\">156(3)<\/a>, <a href=\"https:\/\/www.scconline.com\/DocumentLink.aspx?q=JTXT-0002726935\" target=\"_blank\">Criminal Procedure Code, 1973<\/a> (CrPC) by the deceased&#8217;s mother against the police personnel for the murder of her son. Thereafter, she withdrew that application, pursuant to which a detailed order dismissing the application was passed by the Judicial Magistrate First Class.<\/p>\n<p style=\"margin-bottom: 3%;\">In 2022, the Principal Secretary of Law filed a counter-affidavit, not relating to the subject-matter of the PIL, but on the issue of delay in filing the response by the State. Thereafter, the Secretary (Home Department) filed 2 affidavits regarding the State&#8217;s delay in filing the response, and so did the Executive Magistrate. Thereafter, in 2026, the then Senior Superintendent of Police (SSP) filed an affidavit disclosing his knowledge regarding the chain of events leading to the death of the deceased herein and seeking time to peruse the available records of the case.<\/p>\n<p style=\"margin-bottom: 3%;\">Upon perusal of the affidavits, the Court noted that videography was done at the scene of occurrence (SOO) and the post-mortem was also conducted. Accordingly, the Court vide 5 different orders asked the State to produce the videography and the post-mortem report. In response, the then Executive Magistrate, upon being directed by this Court, appeared before it and informed that though he conducted the inquest proceedings, the tapes were not in his possession and that they were in the custody of the police themselves, who had called the photographer and the videographer.<\/p>\n<p style=\"margin-bottom: 3%;\">Thereafter, the SHO Dannahar, Mainpuri, filed an affidavit stating that the videography of the SOO and the post-mortem report were untraceable.<\/p>\n<p style=\"margin-bottom: 3%;\">The State and the police officers also informed the Court that the videography, along with all the documentation, was sent to the NHRC, before which the father of the deceased had preferred a complaint. Allegedly, in 2009, the NHRC called for a report from the police, upon which the then Superintendent of Police (SP) Mainpuri submitted his report to the NHRC, giving details of the incident that had taken place on that day and the action taken by the police.<\/p>\n<p style=\"margin-bottom: 3%;\">However, the Court noted that the attached documents did not describe any articles or documents that were allegedly sent to the NHRC. From the said documents, it was impossible to ascertain whether the videography and the post-mortem report were ever sent to the NHRC.<\/p>\n<p style=\"margin-bottom: 3%;\">Accordingly, the Court vide order dated 7 April 2026 directed the Registrar of the NHRC to return the videography\/photographs and all such documents that were sent to it by the police and that the documents shall be given to a person authorised by the State Government who shall take custody of the same, prepare an index of the documents that have been received from the NHRC and place the entire records\/evidences before this Court.<\/p>\n<h3>Analysis<\/h3>\n<p style=\"margin-bottom: 3%;\">At the outset, the Court remarked that the case discloses institutional failures, as the present PIL was filed in 2010 and was still pending. 16 years down the line, the videography and the photographs of the SOO and the post-mortem were not being made available to the Court to enable it to proceed further.<\/p>\n<p style=\"margin-bottom: 3%;\">The Court stated that a &#8220;lock-up&#8221; is an area where persons are held temporarily or on police remand, before they are sent to jail on judicial remand. It is not a secluded area but rather is a part of the police station, which is enclosed with iron bars with a latch on the outside, with the urinal inside. It is almost an impossibility for anyone to do any activity within the urinal inside the lock-up, unknown to the personnel in the police station, as they are on constant vigil. Noting this, the Court remarked that the story of a person with 40 per cent disability hanging himself within the confines of the lock-up did not prima facie gel with the official version of the police and the State.<\/p>\n<p style=\"margin-bottom: 3%;\">The Court remarked that disturbingly, <span style=\"font-weight: bold; font-style: italic;\">the first institution that failed in the endeavour of unearthing the truth was this Court.<\/span> The subject-matter of the PIL was such that it warranted urgency and repeated listings with short dates to protect evidence and ensure their production before the Court for it to satisfy itself that the contention of the deceased committing suicide was true, and that there was no parallel hypothesis to that story. However, before this Court could hold so, it was essential for it to examine the videography of the SOO and the post-mortem report to satisfy itself that the videography evidence did not present another story, altogether different from the one presented by the State and the police. The Court added that a case of this nature ought to have been concluded within 3 months from the date of its first listing with sustained pressure on the State to produce the videography, and had it been so done, the probability of the Court having secured access to the videography was much higher than it is today.<\/p>\n<p class=\"animate-charcter\" style=\"margin-left: 36pt; margin-bottom: 3%; font-weight: bold; font-style: italic; color: #0e101a;\">&#8220;The procedural delay of 16 years in the case has given an opportunity to the police and the State to cover their tracks in a manner that the truth remains obscured. The attempts by this Court to now lay its hands on the videography evidence get obfuscated on account of this delay.&#8221;<\/p>\n<p style=\"margin-bottom: 3%;\">The Court stated that its several attempts to secure the videography were due to an observation in the post-mortem report, which mentioned the presence of a knot mark\/knot impression on the right side behind the ear. This was inconsistent with the story of the police that the deceased hanged himself using his leather belt. If that was the case, the doctor conducting the post-mortem should have seen the impression of the belt buckle on the neck and not a knot mark. A knot mark is visible when a rope is used for hanging, as the knot on the rope leaves its impression against the skin. Regarding the internal injuries, upon the dissection of the neck, the doctor found the hyoid bone intact, III, IV, and V tracheal rings fractured, epiglottis, and larynx both congested. The fracture of the tracheal rings is more probable in a case of strangulation rather than hanging.<\/p>\n<p style=\"margin-bottom: 3%; font-weight: bold; font-style: italic;\"><span style=\"color: #0e101a;\">Also read:<\/span> <a href=\"https:\/\/www.scconline.com\/blog\/post\/2026\/04\/08\/death-penalty-to-9-police-officials-custodial-death-torture\/\" target=\"_blank\">&#8220;Rarest of the Rare&#8221;: Death penalty to 9 Police Officials in Sathankulam Custodial Deaths Case<\/a><\/p>\n<p style=\"margin-bottom: 3%;\">The Court stated that the tracheal rings may fracture in a case of judicial hanging where the body drops from a height, but it is improbable in a case where the deceased may have hanged himself with his feet almost touching the ground, and more so where the person is suffering from 40 per cent physical disability.<\/p>\n<p style=\"margin-bottom: 3%;\">Noting the aforesaid medical evidence, the Court remarked that this<span style=\"font-weight: bold; font-style: italic;\"> raised a reasonable suspicion that the deceased was first strangulated within the police station and then, to evade custodial death or murder charges, his body was strung up inside the lock-up by the police personnel.<\/span> Thus, the only way to ascertain the same was by viewing the videography of the SOO, which would reveal whether the body of the deceased was in a partial hanging position or a complete hanging position and whether there were marks on his body revealed in the post-mortem report but not recorded by the doctor under duress of the police.<\/p>\n<p style=\"margin-bottom: 3%;\">The Court further stated that the letter sent by the present SHO to NHRC in 2026 revealed that the video was sent to the NHRC, but it does not give any details of the date on which the same was sent to the NHRC. He also did not state his source of information, as the incident dated back to 2010 and the NHRC closed the case in 2011. Furthermore, the statement of the present SHO after 15 years, who was probably never posted in the same police station on the date of the incident, that the videography was sent to the NHRC, corroborated the suspicion that the police might be attempting to pass the buck of producing the videography on to the NHRC.<\/p>\n<p style=\"margin-bottom: 3%;\">Thus, the Court held that the police\/State was the second institution, which failed in this case. As of now, it appeared that its unwillingness to produce the videography was perhaps to conceal a crime. This was substantiated by the repeated interactions with the State during the course of the hearings, as the police\/State was unable to convince the Court that the said video recordings had ever left the police&#8217;s possession.<\/p>\n<p style=\"margin-bottom: 3%;\">The Court further noted that no one appeared on the last date of hearing on behalf of the NHRC despite being served. Before the NHRC, the father of the deceased made a complaint, which was looked into, and a report was filed by the police. Thereafter, based upon the said police report, the NHRC vide its report dated 8 October 2011, closed the case. In the said report, the NHRC noted that the deceased had a love affair with a girl, and they were taken to the police station concerned. There, the parties agreed to get married, but later on, the girl&#8217;s family refused to do so. Aggrieved, the deceased sought the police&#8217;s help to persuade the girl&#8217;s father. When the police refused to intervene, the deceased allegedly hanged himself in the police station&#8217;s toilet out of frustration.<\/p>\n<p style=\"margin-bottom: 3%;\">The closure report also noted that the Sub-Divisional Magistrate (SDM) did not make any allegations against the police during the enquiry into the death and concluded that it was a suicide case. The report further stated that there was no criminal case against the deceased, and he was not in police custody. The police were under no obligation to keep an eye on him. Therefore, if he committed suicide in frustration, the police personnel could not be blamed for negligence.<\/p>\n<p class=\"animate-charcter\" style=\"margin-left: 36pt; margin-bottom: 3%; font-weight: bold; font-style: italic; color: #0e101a;\">&#8220;It is unfortunate that the manner in which the worthy NHRC has investigated this case is most disappointing.&#8221;<\/p>\n<p style=\"\">Upon perusal of this report, the Court stated that it revealed that the NHRC did not conduct an independent investigation at its end, i.e., it did not:<\/p>\n<p style=\"margin-left: 36pt; text-indent: -18pt;\">1. Attempt to record the statement of the father of the deceased, any witnesses, or the girl who was allegedly the deceased&#8217;s lover, or her parents.<\/p>\n<p style=\"margin-left: 36pt; text-indent: -18pt;\">2. Send any team to record the statement of the neighbours or the police personnel present at the police station on that date of occurrence.<\/p>\n<p style=\"margin-left: 36pt; text-indent: -18pt;\">3. Did not record the statement of any witness or person who may have known about the case.<\/p>\n<p style=\"margin-left: 36pt; text-indent: -18pt; margin-bottom: 3%;\">4. Not sought the assistance of the State Human Rights Commission (SHRC) to record the witness statements and forward the same to the NHRC.<\/p>\n<p style=\"margin-bottom: 3%;\">The Court stated that the NHRC simply accepted the reports given by the SDM and the police as gospel truth without appreciating that in a case of custodial death, the police and the State administration are the most interested parties to hush up the crime and pass the same off as a suicide. Thus, the Court held that the NHRC was the third institution that failed in the present case. However, the Court reserved its final findings on the NHRC&#8217;s conduct.<\/p>\n<p class=\"animate-charcter\" style=\"margin-left: 36pt; margin-bottom: 3%; font-weight: bold; font-style: italic; color: #0e101a;\">&#8220;If this is all that the NHRC was required to do and close the case of custodial death purely on the version given by the police, which is an interested party, without seeking independent evidence from neutral witnesses within the family of the deceased, calls into question the very existence of the NHRC.&#8221;<\/p>\n<p style=\"margin-bottom: 3%;\">Regarding the videography, the Court held that the communication between the police and the NHRC in 2026 did not reveal that the NHRC had ever received videography, as the NHRC&#8217;s closure report did not refer to it. Therefore, there was reasonable cause to believe that the videography always remained with the police.<\/p>\n<p style=\"margin-bottom: 3%;\">Considering the repeated attempts by the Court to secure the videography, which was done almost 16 years ago, bore no fruit as the State and the police were being evasive in their response, the Court directed the CBI through its ACB office, Ghaziabad, to secure those video recordings within 60 days from the date of this order. While doing so, the CBI shall not file an FIR, as there was no necessity to register it at this stage, as it would be acting under the directions of the Court. After securing the evidence, the CBI shall produce it before the Court on the next date of hearing.<\/p>\n<p style=\"margin-bottom: 3%;\">Furthermore, the Court requested that the petitioner implead CBI in the case.<\/p>\n<p style=\"margin-bottom: 3%;\">The matter was listed for 10 August 2026.<\/p>\n<p style=\"margin-bottom: 3%;\">[<span style=\"font-weight: bold; color: #632423;\"><span style=\"font-style: italic;\">Assn. for Advocacy and Legal Initiatives<\/span> v. <span style=\"font-style: italic;\">State of U.P.<\/span>, Public Interest Litigation (PIL) No. 16563 of 2010, decided on 18-5-2026<\/span>]<\/p>\n<p style=\"margin-bottom: 3%; text-indent: 18pt; border: 2px solid black; border-radius: 10px; text-align: center; width: 50%; margin-left: auto; margin-right: auto; background-color: #DCDCDC;\"><strong><span style=\"color: #000080;\">*Order authored by: Justice Atul Sreedharan<\/span><\/strong><\/p>\n<hr\/>\n<p>Advocates who appeared in this case:<\/p>\n<p style=\"margin-left: 18pt;\"><span style=\"font-weight: bold;\">For the petitioner:<\/span> Ankur Sharma, Ravi Kiran Jain<\/p>\n<p style=\"margin-left: 18pt;\"><span style=\"font-weight: bold;\">For the respondent:<\/span> C.S.C., M.R.Chauhan<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p style=\"font-style: italic;\">&#8220;The procedural delay of 16 years in the case has given an opportunity to the police and the State to cover their tracks in a manner that the truth remains obscured. The attempts by this Court to now lay its hands on the videography evidence get obfuscated on account of this delay.&#8221;<\/p>\n","protected":false},"author":67524,"featured_media":384968,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2822,10481,32315,105065,45274,3227,71830,99337,22154,25304,30521,36425,105064],"class_list":["post-384955","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Allahabad_High_Court","tag-cbi","tag-custodial-death","tag-custodial-death-of-a-disabled-man","tag-custodial-torture","tag-custody","tag-justice-atul-sreedharan","tag-justice-siddharth-nandan","tag-nhrc","tag-police-atrocities","tag-police-custody","tag-police-torture","tag-police-violence"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v27.4 (Yoast SEO v27.4) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ -->\n<title>Allahabad HC seeks CBI intervention in 2010 custodial death of a disabled man | SCC Times<\/title>\n<meta name=\"description\" content=\"Allahabad HC seeks CBI intervention in 2010 case of custodial death of a disabled man noting State&#039;s repeated avoidance in producing video evidence &amp; postmortem report\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2026\/05\/23\/allahabad-hc-seeks-cbi-intervention-in-2010-custodial-death-of-a-disabled-man\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Failure of three institutions? Allahabad High Court Directs CBI Intervention in 2010 Custodial Death of a Disabled Man\" \/>\n<meta property=\"og:description\" content=\"Allahabad HC seeks CBI intervention in 2010 case of custodial death of a disabled man noting State&#039;s repeated avoidance in producing video evidence &amp; postmortem report\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.scconline.com\/blog\/post\/2026\/05\/23\/allahabad-hc-seeks-cbi-intervention-in-2010-custodial-death-of-a-disabled-man\/\" \/>\n<meta property=\"og:site_name\" content=\"SCC Times\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/scc.online\/\" \/>\n<meta property=\"article:published_time\" content=\"2026-05-23T03:30:41+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/05\/custodial-death-of-a-disabled-man.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"886\" \/>\n\t<meta property=\"og:image:height\" content=\"590\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Sonali Ahuja\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Failure of three institutions? Allahabad High Court Directs CBI Intervention in 2010 Custodial Death of a Disabled Man\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Sonali Ahuja\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"12 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"NewsArticle\",\"@id\":\"https:\\\/\\\/www.scconline.com\\\/blog\\\/post\\\/2026\\\/05\\\/23\\\/allahabad-hc-seeks-cbi-intervention-in-2010-custodial-death-of-a-disabled-man\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.scconline.com\\\/blog\\\/post\\\/2026\\\/05\\\/23\\\/allahabad-hc-seeks-cbi-intervention-in-2010-custodial-death-of-a-disabled-man\\\/\"},\"author\":{\"name\":\"Sonali Ahuja\",\"@id\":\"https:\\\/\\\/www.scconline.com\\\/blog\\\/#\\\/schema\\\/person\\\/804215d21fa5732c2ccd62c9f0e3d5b8\"},\"headline\":\"Failure of three institutions? 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