HC Warns UP Govt of ‘Heavy Costs’ if Reply Not Filed by Tomorrow in Kasganj Case

The petitioner, Atlaf’s father, has alleged that the police had hanged his son and sought a CBI probe in the matter.

21-year-old Altaf, accused of running away with a woman, had allegedly died in police custody on 8 November 2021, in Uttar Pradesh's Kasganj.

(Photo: The Quint)

The Allahabad High Court on Wednesday, 2 February, while hearing the plea moved by the father of the Kasganj custodial death victim, asked the Kasganj Superintendent of Police (SP) to file an affidavit in the matter by Thursday or otherwise “heavy cost shall be imposed”.

21-year-old Altaf, accused of running away with a woman, had allegedly died in police custody on 8 November 2021, in Uttar Pradesh's Kasganj.

However, Atlaf’s father, Chand Miya, has alleged that the police had hanged Altaf while he was in lock-up and sought a CBI probe in the matter.

The Allahabad High Court on 23 December 2021 had sought the response of SP within ten days on the plea being filed.

The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma on Wednesday, asked the state as to why the affidavit hadn't been filed in the matter despite the high court being told by the SP on the last date of hearing, that the affidavit is ready and will be submitted soon.

The high court noted, "In case SSP's affidavit is not filed by tomorrow, we will necessarily impose heavy cost as this matter relates to the custodial death", LiveLaw reported.

Meanwhile, the petitioner has also sought a compensation of one crore rupees as the state failed to prevent the custodial death of the petitioner's son.

The police had claimed that Altaf died by suicide in a washroom.

SP Botre had said, "Altaf, son of Chand Miya, was brought for questioning in the early hours of this morning on the charge of running away with a girl. When the police were interrogating him, he asked the policeman to go to the bathroom. The police officer sent him to the bathroom inside the lock-up, and after a while, when he did not come out, a worker went to check. He had tightened the hood of his jacket around his throat, by tying it to a pipe," SP Botre said.

The SP had later suspended a total of five police personnel, including Kasganj station house officer, two sub-inspectors, a head officer, and a constable, on the charges of negligence.

An FIR against unidentified policemen, under IPC Section 302 (murder) has already been lodged at the Kasganj police station in connection with Altaf's death.

As an alternative, the petitioner has sought direction for the constitution of a Court Monitored Special Investigation Team (SIT) probe.

(With inputs from LiveLaw.)