AHMEDABAD: In a relief for 3 top cops – DGPs A Okay Suroliya and Ashish Bhatia and ADGP Atul Karwal – a city periods court docket dropped criminal fees towards them for custodial torture because the police did not obtain permission from the state government to prosecute them.
The three officials approached the periods court docket after a metropolitan magistrate in July 2016 had refused to discharge them in a 1994 custodial torture case. The magisterial court docket had rejected the officials’ declare that they can't be prosecuted with out sanction from state government beneath the provisions of Section 197 of the CrPC.
Suroliya is the executive of Gujarat anti-terrorist squad, Bhatia is the top of CID (crime) and Karwal is on central deputation at the present. They have been posted as deputy commissioners of police in Ahmedabad all over the time of this incident, 1994.
According to case details, a bootlegger from Jamalpur, Salimkhan Pathan used to be taken in police custody on July 27, 1994 by means of Gaekwad police sub-inspector JV Surela in reference to a prohibition case. During his custodial interrogation at Karanj police station, those officials had allegedly crushed him.
The factor reached Gujarat high court docket as Pathan’s spouse complained that he used to be tortured to extract a confession. The HC ordered for medical exam. The medical file mirrored that Pathan sustained a number of injuries, and his spouse filed a criticism prior to the metropolitan court docket in December 1994 hard FIR to be lodged towards 4 cops together with three IPS officials. All 4 cops have been booked beneath sections 323, 326, 330, 114 of the IPC – beating an individual with unhealthy weapons and that too so as to extracting confession, and doing it in furtherance of not unusual object as well as for abetment.
In 2006, the cops filed discharge applications claiming that their motion used to be taken as part of their responsibility and hence they're protected by means of Section 197(2) of the CrPC.
The magisterial court docket did not accept this competition, however additional periods judge V J Kalotara approved this competition and dropped fees towards them.
He stated, “I am of the opinion that the incident came about at the time of performing legitimate responsibility and making an allowance for this reality I am of the company opinion that as supplied in Section 197 of CrPC, the sanction must had been bought and with out acquiring any sanction, no motion can also be taken in court docket.”
The three officials approached the periods court docket after a metropolitan magistrate in July 2016 had refused to discharge them in a 1994 custodial torture case. The magisterial court docket had rejected the officials’ declare that they can't be prosecuted with out sanction from state government beneath the provisions of Section 197 of the CrPC.
Suroliya is the executive of Gujarat anti-terrorist squad, Bhatia is the top of CID (crime) and Karwal is on central deputation at the present. They have been posted as deputy commissioners of police in Ahmedabad all over the time of this incident, 1994.
According to case details, a bootlegger from Jamalpur, Salimkhan Pathan used to be taken in police custody on July 27, 1994 by means of Gaekwad police sub-inspector JV Surela in reference to a prohibition case. During his custodial interrogation at Karanj police station, those officials had allegedly crushed him.
The factor reached Gujarat high court docket as Pathan’s spouse complained that he used to be tortured to extract a confession. The HC ordered for medical exam. The medical file mirrored that Pathan sustained a number of injuries, and his spouse filed a criticism prior to the metropolitan court docket in December 1994 hard FIR to be lodged towards 4 cops together with three IPS officials. All 4 cops have been booked beneath sections 323, 326, 330, 114 of the IPC – beating an individual with unhealthy weapons and that too so as to extracting confession, and doing it in furtherance of not unusual object as well as for abetment.
In 2006, the cops filed discharge applications claiming that their motion used to be taken as part of their responsibility and hence they're protected by means of Section 197(2) of the CrPC.
The magisterial court docket did not accept this competition, however additional periods judge V J Kalotara approved this competition and dropped fees towards them.
He stated, “I am of the opinion that the incident came about at the time of performing legitimate responsibility and making an allowance for this reality I am of the company opinion that as supplied in Section 197 of CrPC, the sanction must had been bought and with out acquiring any sanction, no motion can also be taken in court docket.”
Top cops discharged in 94' custodial torture case
![Top cops discharged in 94' custodial torture case]()
Reviewed by Kailash
on
December 29, 2018
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