New Delhi: A magisterial probe has held the Delhi Police responsible for the "custodial" death of a man in North Delhi's Nand Nagri on September 7, alleging that policemen had beaten him and three of them pinned him down leading to asphyxia.
In his probe report, Sub-Divisional Magistrate (SDM) Rakesh Kumar said that victim Shanu Shahnawaz Chaudhary is seen pinned down on ground in a video and "over powered" by many police personnel who are seen "using batons" also.
However, Delhi Police maintained that "any further action will be taken on the basis of the report of the judicial inquiry which has been initiated under Section 176 CrPC."
Chaudhary died on September 7 under "mysterious circumstances" while being taken to a police station, after he intervened in a fight between a couple and police.
The magistrate also concluded that Chaudhary's wife was made to stay at the police station till 2.30 AM by the cops who did not seem to have followed guidelines of the Supreme Court and National Human Rights Commission that no woman can be arrested after sunset and before sunrise and in cases of imminent arrest, permission from a judicial magistrate must necessarily be sought.
"The magistrate has concluded on the basis of postmortem report and eyewitnesses' accounts that Chaudhary's death has been caused by police. It is a case of custodial death. There are 23 injury marks on his body," sources said.
The report also stated "The only logical conclusion for the sudden death of an otherwise healthy person, who was taken into the custody of police and beaten up by them (cops) is that he succumbed to the injuries caused during the beating; subsequent bundling up in the vehicle (PCR Van) and pinning down of the victim, by three persons (cops), who sat on him leading to asphyxia."
"Government has now sent magisterial probe report for legal examination," they said.