CBI finds no torture in 2019 Wadala custodial death, HC rejects family’s plea against police

The Central Bureau of Investigation had concluded this based on the "unanimous" opinion of six expert doctors from the All India Institute of Medical Sciences (AIIMS), Delhi.

The Bombay High Court recently dismissed a family’s plea for a probe into the 2019 custodial death of Sion resident Vijay Singh, ruling out beating by police or other persons based on CBI findings of a sudden heart attack.

The Central Bureau of Investigation had concluded this based on the “unanimous” opinion of six expert doctors from the All India Institute of Medical Sciences (AIIMS), Delhi .

Last September, the HC had transferred the probe from Mumbai Police Special Investigation Team (SIT) to CBI, observing “many loose strings” from the material placed by police on record, and laid down guidelines for the central agency to conduct the probe.

The police had claimed that on the night of October 27, 2019, Vijay Singh, along with his two friends, was taken to the police station after their spat with a couple near his residence while he was parking his motorcycle.

According to police, he was kept in the lockup for some time, after which he complained of chest pain and collapsed at the police station.

He was rushed to Sion Hospital, where he was declared brought dead.

A division bench of Justices Bharati H Dangre and Manjusha A Deshpande on March 13 delivered a judgment (made available on Wednesday) on a 2020 plea filed by father Hriday Narayan Singh and other family members of late Vijay Singh through advocate Vinay V Nair seeking investigation into the death due to “police torture” and registration of case against police personnel.

On February 5, a team of six doctors of the Department of Forensic Medicine and Toxicology, AIIMS, New Delhi, responded to CBI’s query and “unanimously” found that “sudden cardiac arrest due to coronary insufficiency, a natural cause of death, which may be corroborated with the circumstantial/investigation findings.”
“Injuries present over the body are simple in nature and non-fatal, so the causation of death by injuries as mentioned in the post-mortem report is unlikely,” the experts concluded.

The HC also noted the CBI in its “thorough investigation” had recorded statements of the 60 witnesses, including 25 independent witnesses who had visited Wadala Police Station on the date of the incident.

“None of the independent witnesses stated that the deceased was beaten by police, except petitioner Nirmal Singh,” the CBI claimed.

“In our considered opinion, we must conclude the issue as we find that all efforts are taken to ascertain whether the deceased, son of petitioner, was subjected to any physical assault in the police lockup and his death was on account of such an assault, but from the very beginning, the answer to the said question is in the negative,” the judges observed.

Justice Dangre-led bench further did not agree with the argument by advocate Nair, for the petitioner had claimed relevant papers were not forwarded to AIIMS Medical Board.

The judges observed that relevant documents were forwarded by CBI to AIIMS on February 3, including post-mortem reports, histopathology (tissue test), post-mortem video, inquest proceedings (inquiry into death), CBI query replies from Forensic Toxicology experts of KEM Hospital and Grant Medical College, and Magistrate’s Inquiry in Wadala Accidental Death Report (ADR).

The HC “did not find further scope to doubt CBI report” and said there was limited purview of the HC as “no cognizable offence (serious crime) is made out”.

The bench found “no merit and substance” in petitioners’ accusations against the police personnel and dismissed the plea.

WADALA CUSTODIAL DEATH: THE CASE IN BRIEF
Incident (2019) • Vijay Singh collapses in police custody, dies • Police: complained of chest pain after brief detention
Family’s Claim • Alleged custodial torture • Sought FIR against police, fresh probe
CBI Findings • 60 witnesses examined, no assault corroborated • Independent witnesses did not support torture claim
Medical Opinion (AIIMS) • Cause of death: Sudden cardiac arrest • Injuries: Simple, non-fatal • No link between injuries and death
Bombay HC Verdict • No evidence of custodial violence • “No merit” in family’s plea • CBI report upheld, plea dismissed
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai.

His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.

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