Mumbai, April 8: The Bombay High Court has upheld a trial court’s decision to frame murder charges against eight police personnel in the alleged custodial death of Agnello Valdaris in 2014, observing that the circumstances surrounding his death warranted a full trial. The court also remarked that there is a “serious controversy” over whether Agnello’s death was homicidal or accidental.
Court dismisses petitions by accused officers
A bench of Justices Ajey Gadkari and Shyam Chadak, in an order passed on Monday and made available on Tuesday, dismissed petitions filed by the accused officers challenging a September 17, 2022 order directing framing of charges under Sections 302 (murder) and 295-A (deliberate and malicious acts intended to outrage the religious feelings of any class of citizens) of the IPC.
Serious questions over nature of death
Opening its judgment with a quote — “The dead cannot cry out for justice; it is a duty of the living to do so for them” — the court said the case raised a “serious controversy” over whether Agnello’s death in April 2014 was homicidal or accidental.
Accused claim death was accidental
The petitioners – senior police inspector Jitendra Rathod, assistant police inspector Archana Pujari, police sub-inspector Shatrugan Tondse, head constable Suresh Mane, and constables Tushar Khairnar, Ravindra Mane, Vikas Suryawanshi and Satyajit Kamble – had argued that there was no material to support a murder charge, claiming Agnello died after being hit by a train while allegedly trying to escape custody.
Evidence points to custodial torture
However, the court noted that statements of co-detainees and medical evidence indicated custodial torture. It observed Agnello and three others – Sufiyan, Mohd Irfan Hajam and a juvenile boy – were allegedly detained illegally, assaulted, and subjected to abuse in the lock-up.
“The sexual abuse was so disgusting that one would not be able to imagine that such an insult may occur in a police station,” the bench remarked, while refraining from detailing the allegations.
Inconsistencies in police records flagged
The judges also pointed to inconsistencies in police records, non-preservation of CCTV footage despite court directions, and failure to follow medical advice, including not conducting a recommended X-ray examination.
Court rejects accidental death argument
Rejecting the argument that eyewitness accounts of the train incident ruled out murder, the court said such circumstances did not absolve the accused. It noted that even if Agnello ran onto the tracks, it could have been due to the alleged torture.
“Prima facie it appears that… Agnello was tortured to such an extent that he ran towards a moving train to save himself,” the bench said, adding that Section 300 (murder) could still be attracted.
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Trial to proceed on merits
Citing a Supreme Court judgment, the HC observed that “rarely in cases of police torture or custodial death, direct ocular evidence is available,” placing responsibility on custodial authorities to explain such deaths.
The court concluded that the trial judge had applied the correct legal test and that the material on record, if unrebutted, could lead to conviction. It upheld the earlier order directing framing of charges.
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