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By Yogesh Sadhwani, Mumbai Mirror | Jun 18, 2014, 04.04 AM IST
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Reay Road resident Agnelo Valdaris, 25, was
allegedly tortured in Wadala GRP's custody.
The Bombay High Court on Tuesday ordered a CBI
investigation into the alleged custodial death of 25-
year-old Agnelo Valdaris, who was branded a thief,
and the police torture of three others.
A division bench of Justices V M Kanade and P D
Kode severely criticised the state police's handling
of the case, saying that the authorities appeared to
have destroyed key evidence such as CCTV footage
in the case.
"Our impression is that you (the police) have taken prompt steps to destroy the evidence, not to
preserve it," the court observed.
Reay Road resident Agnelo and three men were detained by the Wadala Government Railway Police
(GRP) on charges of robbery on April 15. Agnelo died in police custody three days later.
The police claim he had tried to escape from their custody and was knocked by a train. However,
Agnelo's father, Leonard, alleges that police officers tortured him to death. The three men who were
detained along with Agnelo have also said that they were thrashed inside the lock-up and even sexually
abused.
Leonard and the trio had moved the High Court.
Last week, the court ordered the Crime Branch to register a first information report against the 12
GRP officers blamed for Agnelo's death. It also asked the railway police to hand over to the petitioners
Agnelo's postmortem report, medical examination reports of the three men and the CCTV footage of
the places where they were taken after being detained.
The petitioners' counsel, Yug Mohit Chaudhry, told the court on Tuesday that the investigators had
botched up the case. He said that crucial evidence such as CCTV footage of Wadala railway station on
April 15 was not available even though the court had directed the director general of police to ensure
that the video was preserved.
Chaudhry also alleged that the face of the interrogation room, where the four men were held, had been
completely changed. The iron rods, belts and table used to allegedly torture the four had been
removed from the room.
He said that the police had only given Agnelo's post-mortem report, and not the medical reports of the
other three men who were beaten in custody. The state CID had filed the FIR against the 12 GRP
officers at Wadala railway station without even calling a single witness, Chaudhry told the court.
"We had requested the top police officer of the state to ensure that the vital piece of evidence is
preserved and seized, but not it has been lost," the division bench of Justices V M Kanade and P D
Kode said. "This shows that the police are not serious about the incident."
The court directed the CBI, the country's top investigation agency, to take over the case within 48
hours and register a fresh FIR.
During Tuesday's hearing, Chaudhry informed the court that Maharashtra had accounted for the
highest number of custodial deaths in the country - 23 per cent - for 12 of the past 14 years, according
to the National Crime Records Bureau. However, the police have failed to investigate the cases
properly.
Of the 298 custodial deaths in the state over the past 14 years, only 41 FIRs and 19 charge sheets had
been filed. Shockingly, there have been no convictions.
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HC orders CBI to probe death in police custody - Mumbai Mirror 18-06-2014
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HC orders CBI to probe death in police custody - Mumbai Mirror 18-06-2014
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HC orders CBI to probe death in police custody - Mumbai Mirror 18-06-2014
http://www.mumbaimirror.com/mumbai/crime/HC-orders-CBI-to-probe-death-in-police-custody/articleshow/36733975.cms 3 / 3

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