Probe by Unnao Police in Faisal custodial death case not fair, impartial: Supreme Court transfers case to Lucknow cop

The Supreme Court has transferred the investigation into the Unnao custodial death case to Lucknow Police, after it noted that the probe conducted by Unnao (Uttar Pradesh) police prima facie seemed unfair [Nasima vs State of UP]. .The bench of Justices Ajay Rastogi and Bela M Trivedi stated that the probe conducted by the investigating officer cannot be said to be "impartial.""After going through the records placed before us, we are prima facie of the view that the manner in which the investigation has been conducted by the investigating officer cannot be said to be fair and impartial and the complaint of the petitioner, in our considered view, deserves indulgence of this Court," the Court said in its order. .However, instead of transferring the case to Central Bureau of Investigation, the bench directed senior police officer, Bhagwan Swarup who is the Inspector General of Police (IGP), Intelligence, HQ, Lucknow to personally undertake further investigation of the complaint by the mother of the deceased. The IGP was asked to place his report before the top court within 8 weeks. The bench asked the State of UP and Unnao police to hand over all relevant papers to Swarup at the earliest. .The deceased Faisal Hussain, a 18-year-old vegetable seller, had died after he was allegedly thrashed by policemen in Bangermau police station last year.The mother of the deceased boy had lodged a complaint alleging that Faisal was brutally tortured and killed in the police station.Subsequently, a first information report (FIR) was registered and the probe was handed over to the circle officer attached to the police station of Bangermau, District Unnao. Even though the petitioner complained that the probe will not be fair, chargesheet wad filed against constable Vijay Chaudhary and home guard Satya Prakash under Section 304 IPC.The petitioner moved Allahabad High Court under Article 226 seeking a CBI probe. However, as noted by Supreme Court, the High Court "remaining completely oblivious of her complaint", disposed of the plea asking state to summon additional accused for trial. The High Court order was challenged before the Supreme Court. .The bench noted that after examining the statements recorded and other aspects, it was not satisfied that the probe was fair. ."We have not been able to endorse our satisfaction of a fair and independent investigation and the manner in which the investigation has been conducted by the Circle Officer of the police Station under whose jurisdiction the charge-sheet came to be filed on the basis of the charges later been framed under Section 302 IPC on 2nd December, 2021," the top court said. .Fair investigation, the Court underscored, is the backbone of criminal justice system and the object of the investigation is to search for the truth so that it would help in meeting the ends of justice by way of fair trail in Court..The Court further noted that the need to ensure fair investigation of crime is undoubtedly imperative because "it protects at one level the rights of the victim and the fundamental rights of every citizen in ensuring that crime is investigated and dealt with in accordance with law."It, therefore, proceeded to transfer the probe to another officer. .The petitioner was represented by advocate Mehmood Pracha. .[Read Order]