NEW DELHI: A Delhi Court has issued directions to the Directorate of Revenue Intelligence (DRI) to revise guidelines for procedures during its raids while dealing with the case of a jeweller who has allegedly jumped off from the central agency's office following his detention after a raid at his house in the national capital in 2018.
The jeweller Gaurav Gupta was allegedly driven to end his life by suicide due to illegal detention, and physical and mental abuse by four DRI officers.
Taking cognizance of offenses against four DRI officials in the matter under IPC sections 362 (Abduction), 348 ( Wrongful confinement), 306 (Abetment of suicide) among others, Chief Metropolitan Magistrate Shivani Chauhan observed that the victim was not given a chance to speak with his family members or Advocates after the conclusion of the raid.
"The victim was not given adequate opportunity to rest or be with his family members after a night-long raid. Rather he was straightaway and illegally taken to the office of DRI, beaten & abused during further interrogation which deteriorated the mental condition of the victim to such an extent that he was driven to commit suicide," the CMM noted.
Other charges against the officials--Parminder, Nishant, Mukesh, and Ravinder include IPC 323 (punishment for voluntarily causing hurt), 341 (Punishment for wrongful restraint) 166 (public servant, knowingly disobeys any direction of the law), 352 (punishment for causing hurt to another individual without his provocation), 330 ( voluntarily causes hurt), 34 (Committing any criminal act involving two or more persons)
The court also asked the Investigating Officer to file an information Sheet against the accused and issue a summons thereafter.
Further, the court observed that there are several guidelines and procedural safeguards to keep a check on the powers of investigating agencies like the Police, etc. but there are no judicial guidelines or procedural safeguards for the agencies like the Directorate of Revenue Intelligence and Customs, etc.
Accordingly, the court issued certain directions to the agency, saying the proceedings of the raiding team conducted at the premises of the alleged person/Suspect should be video recorded and preserved.
The alleged person/Suspect should be given an effective opportunity to consult their Advocate after the conclusion of the raid and before any interrogation. Free Legal Aid where applicable, be made available, the court directed.
No person should be detained without following the procedure of law. Action be taken against officers detaining any person without following such procedure. Periodic checks be made by supervisory officers and a record of all persons called for interrogation or otherwise be maintained separately, the court said further.
"There should be audio & video recording of the interrogation of the suspect which should be preserved till the case against him has concluded and the time period of filing of Appeal has expired," said another direction.
It is the case that the central agency conducted a raid at the office, shop, and residence of victim Gaurav Gupta in the evening of April 24, 2018, which continued till the next morning, and after the victim and his father were taken to DRI office, where Gupta ended his life by jumping out of a window.