ADG ML Lathar, IG Sanjeev Narzary among the accused cops
Udaipur : Revoking a lower court decision, a Session Court here has admitted a review petition for holding trial against five policemen including senior IPS officers Additional Director General (ADG) of Police Mohanlal Lathar, Inspector General (IG) Sanjeev Narzary accused for torturing a youth in police custody in connection with a hotelier’s murder in 2000. Lathar was posted as the SP and Narzary had been the Additional SP , Udaipur then while the other accused Circle Inspector Richhpal Singh Jhakkar, Sub Inspector Jitendra Aanchaliya and ASI Bhanwar Singh were among the accused for wrongly detaining a youth in custody and inducing mental and physical torture to an extent that the victim required to be hospitalized. The court has summoned the officers on next hearing fixed on January 15 and also maintained that an arrest warrant may be issued against them if they fail in appearance.
On 11 July, 2000, Girdharilal Bhandari, a hotelier was shot dead. The police arrested one NakulSingh Bhati on suspect of murder who was put to immense mental and physical torture during interrogation at the Ambamata and Nai police stations. Following a mass protest from the Rajput community, NakulSingh was released but was required to be hospitalized in serious condition. His father Harisingh Bhati lodged a case against the five cops at the Bhupalpura police station for detaining and custodial torture of Nakul without evidences. However, the police submitted a negative report and later a munsif magistrate court ordered to prosecution against the accused policemen in 2006. But in 2012 a CJM court here discharged the officers on the ground of section 197 of the CRPC since prior permission of the state had not been sought for institution trial against public servants. A review petition was filed in the session court later by the petitioner. Admitting the review petition, recently, HariOm Sharma Atri, the additional district judge condemned the lower court decision for discharging the cops. The court held that the decision was based on wrong interpretation of section 197 of the CRPC which required prior sanction of the state government for initiating legal proceedings against a public servant accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty. The session court held that in this particular case a person was subjected to immense torture by the police officers without having substantial evidences against him for a serious crime like murder. Hence the prior sanction from government is not required to initiate prosecution against them. In this connection a review petition has also been filed by the state to institute trial against four accused excluding ASI BhanwarSingh.