Court Orders Inquiry Into Alleged CBI Custodial Torture of Prabhat Kumar
On Tuesday, the Rouse Avenue court in Delhi ordered a high-level inquiry into the alleged custodial torture of an accused man, Prabhat Kumar, by the Central Bureau of Investigation (CBI). Special Judge Sushant Changotra directed the probe after finding prima facie medical evidence of physical injuries sustained by Kumar while in CBI custody.
Kumar was arrested on June 16 in connection with a multi-crore counterfeit medicine case and was remanded to CBI custody on June 17. Represented by advocate Prateek Som, Kumar filed an application alleging he was subjected to severe beatings that caused serious injuries to his left ear and left thigh.
The court highlighted that two Medico-Legal Cases (MLCs), dated June 19 and June 20, prima facie established that Kumar sustained physical injuries while in the exclusive custody of CBI officials. The June 19 medical record noted a contusion on his left thigh, while the June 20 record documented blood clots and a bulge or hematoma in his left ear, alongside a history of physical assault.
Judge Changotra stated that these were not vague allegations, as they were supported by contemporaneous medical records prepared by government doctors. He also noted the unexplained injuries, combined with Kumar's admitted movement to another police station during custody, supported the allegations of custodial violence.
The court strongly rebuked the CBI, stating that no investigative agency has a license to employ physical violence or torture during interrogation. Judge Changotra asserted that agencies cannot assume the dual role of investigator and punisher, as custodial violence erodes public confidence in the justice system.
The ordered inquiry will not be limited to identifying the specific officials who inflicted the injuries. It will also examine the accountability of all supervisory officers who had command over Kumar during his custody.
In addition to the inquiry, the court directed the Jail Superintendent to ensure Kumar is medically examined and treated at Safdurjung Hospital. The court also criticized the CBI for freezing the bank accounts of Kumar’s father-in-law, Gulshan Kumar, calling the action arbitrary and warning against using investigations to harass ordinary citizens.
