Tanvi Pilane
Published on: March 21, 2022 at 12:54 IST
Justice Nikhil Kariel of the Gujarat High Court came down heavily on the Police for being swayed by the fact that the Petitioners Belonged to a Particular Community while conducting an investigation of activities of theft and other wrongs under Sections 328 and 394 of Indian Penal Code.
A Special Criminal Application filed by the Petitioners was being heard by the Court.
The case involved ‘Extreme Excess’ by the Police Authorities including Senior Officers of the level of Deputy Superintendent of Police and the Superintendent of Police who were responsible for conducting an impartial inquiry.
The Court noted that the only evidence against the Petitioners was their own confession which was used for submitting the charge sheet. Hence,
the charges against the Petitioners did not stand during the trial.
The Court also noted that the ornaments and money recovered from them were borne of their earnings and were not connected to the proceeds of the crime.
It was also observed that according to the certificates issued by the Medical Officer, numerous injuries due to torture by Police Authorities had been sustained by the Petitioners.
The Court directed the Inspector General of Police, Ahmedabad Range, Respondent no. 4, to conduct an inquiry into the cause of the Arrest of the Petitioners and submit a report as to whether any excess was committed by the police officials.
The Bench directed that the final report is to be submitted to the Court by way of an affidavit and stringent action be taken against the officials.
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