Advocates Association Bengaluru moves Karnataka High Court for CBI probe into lawyer suicide

The Advocates Association, Bengaluru on Monday moved the Karnataka High Court seeking a probe by the Central Bureau of Investigation (CBI) into the suicide of a woman lawyer following allegations of police torture..Justice M Nagaprasanna heard the petition at length and directed the Additional State Public Prosecutor to seek instructions on the Association’s demand for a CBI probe by November 27, the next date of hearing.The Court also took note of the 13-page death note left behind by the deceased, in which she had described in detail the alleged torture meted out to her by the police.As per the death note, the victim was repeatedly physically assaulted, stripped and tortured by the police..The victim was the eighth accused in an alleged scam pertaining to the siphoning off of over ₹196 crore belonging to the Karnataka Bhovi Development Corporation and was charged under Section 406 and 420 of the Indian Penal Code (IPC), for the offences of criminal breach of trust and cheating, among others.She had filed an affidavit before the Court on November 13 alleging that she was being tortured by the woman Investigating Officer (IO) probing the Bhovi Corporation scam..Following such affidavit, Justice Nagaprasanna had ordered that the investigation in the case and all interrogation involving the deceased be videographed. The Court had, at the time, also restrained the police from filing a chargesheet in the case without taking its permission.On November 22, a day after another round of interrogation at the police station, the victim wrote the death note at around 1:30 AM. She died by suicide at around 5 AM, the Court was told.The IO was subsequently booked for abetment of suicide under Section 108 of the Bharatiya Nyaya Sanhita (BNS)..On Monday, Senior Advocate Vivek Subba Reddy, who appeared for the Advocates Association, told the Court that after the deceased’s affidavit before the Court, the IO began to treat her worse.“This torture was a repercussion of her affidavit. Using powers of the police to degrade the victim and push her to this extent. This torture by police started after her affidavit in Court,” Reddy told the court.He further said that since the police was bound to protect its own officers, it was only fair that the probe be conducted by a central agency..Senior Advocate Venkatesh Dalwai, who appeared for the accused IO, opposed the plea for a CBI probe.Dalwai refuted the allegations of stripping and torture. He urged the Court to let the police continue probing the allegations of abetment against the IO and said that the Court could monitor the police probe and ask for weekly reports to ensure it was fair.Dalwai also said that while the victim had alleged torture in her affidavit on November 13, she had continued to appear before the police on November 14, 15 and 21..The High Court, however, said that the allegations made by the victim in her death note were grave and required investigation.“There is an allegation which is absolutely grave. This IO, if she wanted to investigate, she could have done that. But where is the question of stripping the deceased, intrusive frisking on the pretext of looking for cyanide and some devices? It needs an investigation...Section 306 (of the IPC). If one reads the death note, it is horrible,” the High Court said.The Court then asked the State to file its objections to the Association’s demand for a CBI probe into the allegations of abetment of suicide against the IO. It said it would pass orders on November 27..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.