Custodial Death Case| MP HC Directs Transfer Of Sole Eye Witness To Central Jail Gwalior For Safety Amid Allegations Of Harassment By Police Officials
The Madhya Pradesh High Court directed the transfer of the eyewitness to Central Jail Gwalior due to continuous harassment by police officials. The Court expressed serious concerns regarding his safety and issued strict directives for the jail authorities to ensure his protection.
The petition sought a full and impartial investigation into the brutal torture, sexual abuse, and murder of an individual, along with the abuse suffered by another petitioner. .
A single-judge bench of Justice Milind Ramesh Phadke observed, "Considering the contentions raised by the petitioner regarding the harassment of Gangu @ Gangaram by police officials inside and outside Central Jail, Guna, it prima facie appears to this Court that Gangu @ Gangaram should be transferred to another jail. Accordingly, he is directed to be shifted to Central Jail, Gwalior forthwith."
The Court further stated, “Since the safety of Gangu @ Gangaram though an accused is also an eye witness to a custodial death, his safety is the duty of the jail authorities, therefore, Director General of Prisons and I.G. Prisons are directed to examine the matter and if they find any threat to Gangu @ Gangaram in Central Jail Gwalior, where he is being shifted on the orders of this Court, immediate action be taken against the erring officials, with an intimation to this Court.”
Advocate Payoshi Roy appeared on behalf of the petitioner, and Shri Sohit Mishra GA, represented the respondent/State.
This case involves allegations of custodial harassment against the sole eye-witness to a custodial death. The petitioner filed an application detailing harassment by police officials, who allegedly assaulted and threatened the witness. Following a Magisterial enquiry, FIRs were registered against several police personnel. The court ordered the transfer of the witness to Central Jail, Gwalior, for their safety, and directed the monitoring of the investigation by the Superintendent of Police, Guna.
Cause Title: Hansura Bai and Others v. The State of Madhya Pradesh and Others (WP No. 33416 of 2024)
Appearance:
Petitioner: Advocate Payoshi Roy
Respondent: Shri Sohit Mishra GA
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