Delhi court orders FIR against cop doctor in custodial torture case

New Delhi, Apr 9 (PTI) A court has directed Delhi Police to lodge an FIR against one of its inspectors and a doctor from Indira Gandhi Hospital over the allegations of custodial torture and falsifying an accused's medical report.
     Additional chief judicial magistrate Pranav Joshi directed the special commissioner of police, transport range to ensure the FIR was registered aside from a fair and an impartial investigation.
     "The injuries found on the body of the accused directly hint at custodial violence being committed upon the accused. Custodial violence is not something which is tolerated within the frame work of Indian legal system. It has been consistent views of the Indian constitutional courts that physical abuse and violence strikes at the very foundation of the democratic set up where the liberty of an individual is considered sacrosanct," the judge said.
     The April 8 order recorded the allegations of physical torture by accused Nishit Kumar Rajendrabhai Patel, who allegedly obtained a Portuguese passport by forging the identity of another Indian passport holder.
     The court observed the allegations of torture were prima facie substantiated.
     The judge noted that despite bruises on accused's body, his medical report conducted at the hospital showed no injuries.
     The court, therefore, directed the Delhi Medical Council to initiate an inquiry against Dr Aman Gahlot, junior resident at the hospital for his "misconduct in discharge of his duty" as a medical practitioner.
     Gahlot, who conducted the MLC of the accused, appeared to have conspired with the police officials, the court said.
     "The doctor concerned appears to have deliberately ignored the injury of the accused and prepared a false report," the judge added.
     Considering the accused was physically abused during custody in the police station which was confirmed by the medical examination report, the court held a judicial order on the issue was needed irrespective of a possible administrative action.
     The judge observed that not only the police officials have abused the authority vested in them by law, they have also committed cognisable offence or "such serious magnitude", which cannot to go unnoticed.
     The police alleged Patel went to the UK on his Indian passport but later obtained a Portuguese passport by forging the identity of another Indian passport holder.
     He allegedly frequently travelled to Kathmandu from where he went to the UK on the forged Portuguese passport.

(This story has not been edited by THE WEEK and is auto-generated from PTI)