The Central Bureau of Investigation (CBI) has been directed by the Maharashtra State Human Rights Commission (MSHRC) to pay Rs 15 lakh to the father of an MBA student for seven years delay in the delivery of justice owing to the “shoddy” probe into the student’s mysterious death.
The careless investigation carried out by the CBI as noted by the magistrate court had put up serious questions on the credibility of the investigators.
Case history
Santosh was found dead under mysterious conditions on July 15, 2011, in the balcony of a first floor flat. Santosh stayed with three others – Vikas Kumar, Jitendra Kumar and Dheeraj Kumar on the fourth floor of Janardan Sadan building.
On the basis of Jitendra’s statement where he said that Santosh had committed suicide by jumping from the toilet window under the influence of alcohol, the Kharghar Police Station registered an accidental death report.
Not satisfied with the investigation by the local police, Santosh’s father, Vijay Singh, a resident of Patna, filed a petition in the High Court. Based on the writ petition, High Court ordered a CID probe. However, Vijay was not satisfied with the progress, so he approached the court again 2013, after which a CBI probe was initiated. The CBI probed the murder case and concluded it to be a suicide and filed a closure report in the magistrate court at Panvel.
Rejecting the closure report in his December 2017 order, Magistrate J M Chavan said that chemical analysis report did not say that Santosh was under the influence of alcohol. He said, ”It is impossible for the deceased to climb atop the flush tank under the influence of alcohol and remove the window panes.”
The magistrate also noted other discrepancies based on the medical report, including time of death. The court said, “Material showed that the investigation was not proper, and it was done in a manner to save the accused.”
The court also noted that the deceased had multiple injuries caused due to a sharp object, because of which he died. It was also observed that evidence showed that the accused threw Santosh’s body down after killing him, to make it appear like a suicide. The magistrate slammed CBI for declaring it a case of suicide even though pieces of evidence indicated it was a murder. The order said, ”It was unnatural death, but still even the medical officer had not preserved viscera for analysis.”
All the three accused are at present in judicial custody. Additionally, the court charged the CBI for trying to save the accused. The court said, ”Material showed that the investigation was not proper, and it was done in a manner to save the accused.”
MSHRC asks CBI to pay compensation to the father
MSHRC has asked the compensation to be paid within six weeks, for violation of fundamental rights guaranteed under the Constitution. Disciplinary actions have been initiated against the officers who were found to be at fault.
MSHRC member M A Sayeed, asked the CBI to sensitise officers about the importance of a proper investigation which should be in accordance with the rules and procedures.
