Police had initially probed the killing and arrested Ashok, who was employed on a bus the school operated and had carried the injured boy who lay bleeding on the bottom flooring hall to a car that rushed him to hospital.
After the CBI took over, it discovered the police investigation was botched and apprehended a Class XI scholar of the school for the homicide. The CBI has named 4 cops who had been concerned within the probe in its further cost sheet. Last month, a particular CBI court docket in Panchkula noticed that the state authorities was sleeping on the company’s request for prosecution like “Kumbhakarana”.
The state has, nonetheless, reasoned that the cops made some errors within the investigation and there was no fault in intent. An order from further chief secretary (residence) Rajeev Arora on February 19 mentioned the CBI’s request searching for sanction for prosecution was declined after thorough examination of the CBI report, statements of related witnesses and the related paperwork that had been relied upon.
The CBI positioned the federal government order earlier than the Panchkula court docket on Monday. Deepam Raghav and Mayank Raghav, counsel for the cops, mentioned the state authorities had refused to grant sanction for prosecution of all 4 cops – Birem Singh (then ACP, Sohna), inspector Narender Khattana (then SHO, Bhondsi police station) and sub-inspectors Shamsher Singh and Subhash Chand, each from Bhondsi police station. The court docket has adjourned the listening to until March 19.
Sushil Tekriwal, counsel for the murdered boy’s father, mentioned they may problem the order earlier than the Punjab and Haryana excessive court docket.
The order learn, “On examination of all of the supplies, together with FIR, investigation report of CBI, disclosure statements, statements of witnesses, restoration memos and different related supplies, it’s noticed that merely oral statements have been relied upon and no medical paperwork have been positioned on document relating to voluntarily inflicting harm to Ashok Kumar to extort confession. The mentioned Ashok Kumar was subjected to common medical examination throughout the police custody and such medical paperwork are required to be relied upon and to be cited within the investigation report.”
Kumar had alleged he was tortured in police custody to extract a confession.
The authorities additionally contended that different prices relate to inaccurate documentation, which can not per se be punishable by prison prosecution until there’s prison intent to falsely implicate any particular person, and that numerous potentialities are explored in a prison investigation. “There could also be situations of not adopting the proper method, relying on the circumstances of the case, however the intent of the investigation officer to conduct the investigation in the correct perspective has to be seen. The intent and supreme goal of each the companies was to concentrate on investigation of the primary offence of homicide of a seven-year-old and crack the crime,” mentioned the order.
The state authorities additionally took a dig at CBI for submitting the cost sheet towards police officers. “The prices sought to be made towards the police officers are distinct and severable from the primary case entrusted to the CBI. An act or omission or lack of effectivity or failure to attain the best normal of investigation might or not, by itself, quantity to or represent an offence,” the order mentioned, including error of judgement in evaluating a scenario could also be some form of negligence however wouldn’t represent an offence within the absence of intent.
In December, the CBI filed a supplementary cost sheet towards the cops for falsely implicating the bus conductor and accusing him of sexual assault and homicide. The CBI alleged ACP Singh and SI Chand had bodily and mentally tortured and intimidated Ashok and fabricated proof, ready false officers information in conspiracy with one another and used it in court docket towards Ashok Kumar for the aim of punishing him.