HC orders trial of cops in 2014 custodial death

Mumbai: The Bombay high court on Thursday directed a trial court to frame charges of murder and destruction of evidence against eight railway police personnel over the alleged custodial death of a 25-year-old man in the city in 2014.

A division bench of Justices B.P. Dharmadhikari and S.S. Jadhav was hearing a petition filed by father of the victim, Agnelo Valdaris, demanding that the policemen, who were attached to the Wadala police be charged with murder. Valdaris was detained by railway police for a petty theft and was found dead on the railway tracks in April 2014.

The eight accused are currently out on bail. They have been booked under sections 338 (causing grievous hurt or endangering the life of another person) and 377 (unnatural sex) of the Indian Penal Code.

The court in its order observed, “Prima facie this is a case of custodial death. The persons taken into custody were sexually abused by the police.”

The bench added, “Custodial death cases have been on rise in the country. Custodial violence may be physical, emotional or mental. It leaves a permanent impact on the victim.”

The high court in its judgment relied on witness statements and medical reports, which said that Valdaris was not even in the position to walk, so there was no question of him running so fast that the police could not catch him. The division bench of justices directed the trial court to frame charges under sections 302 (murder), 201 (destruction of evidence) and 295 (A) (deliberate act to insult religious beliefs) of IPC.

“The police’s action was riddled with mystery right from inception. Torture when committed under the shield of uniform and authority within the four walls of a prison, police station or lock-up makes the victim helpless,” the court said.

The accused policemen also allegedly sexually abused the victim and taunted him over his caste and religious beliefs, the court noted.

According to Valdaris’ father, in 2014, Agnelo Valdaris and three of his friends were picked up by the Wadala railway police on the charges of robbery. The police officials tortured and mentally harassed them in custody, and even forced them to perform “unnatural sex” with each other, the family claimed.

The CBI lawyer Hiten Venegaonkar argued that the accused policemen did torture Valdaris and abused him sexually, but he died after being mowed down by a train while
fleeing.