Delhi court orders FIR in 2023 custodial death case, cites injury marks and need for probe

Magistrate says inquest report alone insufficient; directs police to investigate death of Sheikh Saadat in custody, seeks compliance report by June 28.
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NEW DELHI: A Delhi court has directed that an FIR be registered in connection with the alleged custodial death of a man at a city police station last year, stating that a cognisable offence appears to have been committed and warrants thorough investigation.

Chief Judicial Magistrate Vasundhara Chhaunkar of Rohini Courts passed the order on an application filed by Setara Bibi under Section 156(3) of the Criminal Procedure Code. She sought a probe into the death of her husband, Sheikh Saadat, who died while in Delhi Police custody on the night of July 22–23, 2023.

The Court, citing photographs and video footage, noted visible injury marks across the deceased’s upper and lower back. Observing the matter raised serious questions, the CJM said the investigation must examine both the cause of death and technical aspects related to CCTV footage and preservation efforts.

“Though the inquest report is on record, the same can be considered at the appropriate stage. To dismiss the present application only on the basis of the inquest report will not serve the purpose of justice where the complainant is not in a capacity to record or collect extensive evidence,” the Court said in its May 28 order.

According to Bibi, her husband and four others were stopped by police at Netaji Subhash Place on July 21, 2023. After he questioned the officers, they allegedly became aggressive and took all five men to the police station. The next day, an FIR under the Arms Act was registered. On July 23, Bibi was informed her husband had died. Bibi alleged that Saadat’s body had black and blue marks across his chest, back, and legs. The CJM directed the concerned SHO to register the FIR and submit a compliance report by June 28.

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