Mumbai: The Special National Investigation Agency (NIA) Court, presided over by Judge A.K. Lahoti, has rejected Lieutenant Colonel Prasad Purohit’s claim that he was allegedly ill-treated and tortured by the Anti-Terrorism Squad (ATS). In its order, the court observed that these allegations of custodial violence were never substantiated by the accused.
Court Dismisses Torture Allegations Raised After 16 Years
“Due to the efflux of time and in the absence of any pending custodial violence complaint , also the fact that this issue has been raised after nearly 16 years, this topic holds no merit and nothing survives in it,” the court stated.
Defence Cites Medical Records to Support Torture Claim
Purohit’s advocate had raised the issue while presenting the final arguments, alleging that the officer was ill-treated and tortured by the ATS, which resulted in several injuries, while he was in their custody. The defence had also reffered to the Purohit’s medical reports which were issued by the military hospital, confirming some bruises on him, which thus was in support of Purohit.
However, the prosecution strongly denied the allegations of torture by the investigating agency. The court noted that all claims of ill-treatment raised during the remand hearings were dismissed by the remand court.
Prosecution Denies Charges, Cites Prior Court Proceedings
“The remand report dated December 3,2008 shows that the court had considered the allegations of torture made by Purohit. However, considering his involvement in the offence, police custody was granted until December 6, 2008. Thereafter, on December 6, Purohit himself stated that he had no complaint of ill-treatment at the hands of the ATS or police. Upon his own request, he was sent for medical examination at the Military Hospital in Colaba. Though the medical records did show some injuries, the fact remains that he did not raise the issue at that time. Raising these allegations at a much later stage does not hold ground,” the court held.
Cross-Examination Statements Not Enough Without Proof
It also noted that Purohit did not take any prompt legal action at the appropriate time, even after receiving the medical reports. Additionally, during the cross-examination of police witnesses, defence lawyers made suggestions of torture and thrashing, which were categorically denied by the officers.
The court concluded: “Mere suggestions are not enough in the absence of any positive or corroborating evidence. Furthermore, no prompt action was taken by the accused regarding the alleged torture. Nothing has been brought to the court’s notice to show that the issue was kept open.”
