CUTTACK: Countering a PIL on the alleged custodial death in Puri, the State police on Monday said the petitioner has filed the petition on the basis of mere surmises and conjectures.
Sarat Kumar Rayguru, a Puri-based lawyer filed the petition seeking court monitored investigation and immediate action against the police officials involved in the alleged custodial death and compensation to the family of the deceased. It was alleged in the petition that the body of the deceased was cremated on November 19 without handing it over to the family members or allowing them to see it.
However, in a counter affidavit Puri SP Kanwar Vishal Singh claimed that inquest of the body of K Apana alias Ramesh was held in the presence of an executive magistrate, father of the deceased K Gurumurty and paternal uncle K Areya. “After completion of the post-mortem, the body was handed over to K Gurumurty for cremation with proper acknowledgement. Gurumurty took the body to Swargadwar, where the body was cremated”, Singh claimed on the basis of dead body receipt copy and copy of Swargadwar register.
In his affidavit Singh further claimed that it is not a case of custodial death as the police had not arrested the deceased on November 18. He said on receiving information about presence of Ramesh who was a hardened criminal, police had attempted to apprehend him, leading to a chase. “Ramesh had aimed a gun at police with intent to kill. He was apprehended with much difficulty and in the tussle, he fell on a stony road leading to his death. Therefore there was never an opportunity for arrest and forwarding him to the court of SDJM. The police had never tortured the deceased”, Singh said in his affidavit.The division bench of Chief Justice Mohammad Rafiq and Justice Biswanath Rath adjourned hearing to next week.