CBI Cannot Be Both Investigator and Punisher: Delhi Court Orders Inquiry into Custodial Violence

A Delhi court on Tuesday ordered a high-level inquiry into allegations of custodial torture by the Central Bureau of Investigation (CBI) against an accused in a multi-crore counterfeit medicine case. Special Judge Sushant Changotra of Rouse Avenue Court found prima facie evidence that the accused, Prabhat Kumar, suffered injuries while in CBI custody in June.

“The use of violence against a person in custody not only constitutes a serious violation of fundamental rights but also irreparably erodes public confidence in the criminal justice system. It casts a serious cloud over the fairness and credibility of the investigation itself. The police or any investigating agency cannot be permitted to assume the dual role of investigator and the punisher. Punishment for any criminal act can only be imposed by a competent court after due process of law,” the judge said.

The court noted that custodial violence strikes at the foundation of constitutional democracy, guaranteed under Article 21 of the Constitution. It added that no investigative agency has a licence to employ physical violence or coercion during interrogation.

The court was hearing an application by Kumar, arrested on June 16 and remanded to CBI custody. He alleged severe beatings causing injuries to his left ear and left thigh. Medical records from June 19 and 20 showed a contusion on the left thigh and a hematoma in the left ear, with a history of physical assault while in police custody.

The CBI had earlier alleged that a Rs 3 crore bribe was sought by an IPS officer to influence the probe into a Rs 5,000-crore counterfeit medicine racket. Kumar was accused of handling Rs 50 lakh in bribes.

“The unexplained injuries on the person of the accused, coupled with the admitted movement of the accused to another police station during police custody and the contemporaneous medical evidence, lend substantial prima facie support to the allegations of custodial violence,” the judge said.

The court directed that the matter be examined at the highest level within the CBI. “A comprehensive, fair and impartial inquiry be conducted into the allegations of custodial violence… [It] shall not be confined merely to identifying the officials who allegedly inflicted the physical injuries but shall also examine the role, responsibility and accountability of all supervisory officers,” the order stated.

The court also directed the Jail Superintendent to arrange medical examination of Kumar at Safdarjung Hospital and provide necessary treatment.