Delhi High Court issues notice to Army, Home Ministry after family of jawan alleges foul play in death

The Delhi High Court earlier this week issued notices to the Home Ministry, the Indian Army, the CBI and the Delhi Police in a petition seeking a court-monitored investigation into the death of an Army jawan (Lalita Phartyal v Delhi Police through Commissioner of Police)..Single-judge Justice Mukta Gupta, asked the Delhi Police to file a status report in the matter of Lance Naik Dinesh Phartiyal's death and listed the case for further hearing on January 8. .The petition was filed by Phartiyal’s wife Lalita informing that her husband had joined the Army in April 2002. In September 2017, he was ordered by his Commanding Officer to proceed on a temporary attachment as the ‘buddy’ of Colonel Ajay Yadav at his residence in the Delhi Cantonment area to prepare his uniform and do domestic chores. The transfer, Lalita told the Court, was against her husband’s wishes.The allegation goes that on January 7, 2018, at around 6 PM, the family received a phone call from Phartiyal’s phone informing that he is serious and admitted at the Base Hospital. As the family reached the hospital, various versions were narrated to them until finally someone confirmed that he was dead and his remains were kept in the mortuary.It has been alleged that though the deceased’s brother asked to see him the very same day, his request was refused and the family members were allowed to see the body only the next day, which was then sent for post-mortem to the Deen Dayal Upadhyay Hospital..Though a complaint was made to the Delhi Police alleging that Colonel Yadav and another ‘buddy’ of his, Bhaskar Dutt, ill-treated Phartiyal and therefore this was a case of murder, the police did not register an FIR. The family has filed a Psychological Autopsy report, by a psychiatrist, in the case that said that foul play cannot be ruled out.“Petitioners finding foul play in the entire story, craved for independent investigation of matter claiming cold blooded murder of the deceased. But, no FIR has been registered by Delhi Police till date. An inquiry was ordered by the Indian Army only after the incident was reported in the media, the outcome of which has still not been intimated to the Petitioner,” the petition said..The petition added that leaving the cause of death of a soldier unanswered frustrates the objective of the criminal justice system and demotivates fellow soldiers.“Personnel of the Army and their family members lose faith in the system administering justice. People lose faith in the rule of law if the process is not allowed to take its normal course, more so, when the process has already been subverted to favour influential people. The Petitioners have been running pillar to post for justice and the same has been denied till date,” it added..The allegation has been that the Army officials denied any information to the family about their investigation into the matter, despite several letters and RTIs.“In the present case, there is no reason for the deceased to commit suicide. The deceased was medically fit. He had no psychiatric symptoms. He was happily performing his duties. He used to speak to his family members on video chat on a regular basis. He also spoke to his family members on 07.01.2018 and the family members found him very happy in the afternoon on that date when they spoke on video call,” the petitioner contended.The petitioners have demanded that all the details of the investigation conducted by the Delhi Police as well as Army be placed on record.

Delhi High Court issues notice to Army, Home Ministry after family of jawan alleges foul play in death

Prashant Jha

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