Case Note & Summary
The petitioners, wife, father, and brother of the deceased Shaikh Muhammed Shaikh Rustam, filed a criminal writ petition seeking transfer of investigation from the CID, Beed to the Central Bureau of Investigation (CBI) and directions to register an FIR against four police officers attached to Shivajinagar Police Station, Beed, for the custodial murder of the victim. The victim left home on 26.08.2015 at 7:00 a.m. for labour work. At about 1:00 p.m., the victim's brother received a call that the victim was hospitalized by policemen at Civil Hospital, Kaij in a seriously injured condition. The petitioners went to the hospital and found the victim unconscious, on a ventilator, with blood oozing from his mouth, ears, and nose. The victim was shifted to S.R.T.R. Hospital at Ambajogai, where doctors declared him dead. The petitioners alleged that the victim was taken into custody by the police and subjected to severe torture, leading to his death. The court considered the submissions and found that the investigation by the CID was not impartial and that there was a prima facie case of custodial murder. The court ordered the transfer of investigation to the CBI and directed the registration of an FIR against the named police officers. The court also directed the State to pay interim compensation of Rs. 5 lakhs to the petitioners.
Headnote
A) Criminal Law - Custodial Murder - Transfer of Investigation - The petitioners sought transfer of investigation from CID to CBI and registration of FIR against police officers for custodial murder of victim - Court found that the victim died due to injuries sustained while in police custody and the investigation by CID was not impartial - Held that investigation be transferred to CBI and FIR be registered against the named police officers (Paras 1-10).
Issue of Consideration
Whether the investigation into the custodial murder of Shaikh Muhammed should be transferred to CBI and whether FIR should be registered against the police officers involved.
Final Decision
The court allowed the petition, ordered transfer of investigation to CBI, directed registration of FIR against the named police officers, and directed the State to pay interim compensation of Rs. 5 lakhs to the petitioners.
Law Points
- Custodial violence
- Transfer of investigation
- Compensation for custodial death
- Right to life under Article 21
- Police accountability
