Orissa High Court expresses concern about alleged custodial abuse of fiancée of Army officer 

The Odisha Police on Tuesday ordered an investigation by the State Crime Branch. File photo
| Photo Credit: Vishal Mathew 10099@Mumbai

The Orissa High Court on Wednesday expressed its concern over the alleged custodial abuse of a woman, the fiancée of a serving Army officer, who had gone to a police station in Bhubaneswar to lodge a complaint in a road rage case.

Instead of registering a case based on her complaint, the personnel of Bharatpur police station had arrested her, after allegedly thrashing her following a heated exchange of words between them. The woman had moved the Orissa High Court seeking bail. Judge Justice A.K. Mohapatra granted her bail.

“Taking into consideration the seriousness and gravity of the allegation and the allegation made by the learned senior counsel appearing for the petitioner that the custodial detention of the petitioner infringes upon the fundamental right of the petitioner as guaranteed under Article 21 of the Constitution of India and on a careful examination of the record, it appears that the allegations are very serious in nature,” he observed.

In the bail order, Justice Mohapatra said that by taking a departure from the established practice of considering the bail application only after the same is rejected by the District and Sessions Judge, the High Court had deemed it proper to take up the application of the petitioner on its own merit.

“The allegation made by the accused-petitioner in the present case is an anathema to the very concept of a democratic and orderly society,” the court observed, adding that the allegation with regard to police atrocities should be dealt with utmost seriousness.

The Army had taken strong exception to the alleged ill-treatment of one of its officers by police personnel. Lt. Gen. Padam Singh Shekhawat, General Officer Commanding (GOC) for Madhya Bharat area, on Wednesday met Odisha Director General of Police Y.B. Khurania.

“I want to assure you that the Army chief is personally monitoring this case. What we want is that action should be taken in accordance of rule of law. We cannot take law into our hands… We hope the DGP will take appropriate action and miscreants will be taken to task,” said Lt. General Shekhawat.

The Odisha Police on Tuesday ordered an investigation by the State Crime Branch. As the pressure mounted on the police regarding the alleged violence in custody, five police personnel including Disnakrushna Mishra, inspector in charge of Bharatpur police station in the Bhubaneswar city limits, were placed under suspension on Wednesday. The other accused police personnel are Baisalini Panda, sub-inspector, Salilamayee Sahoo and Sagarikia Rath, assistant sub-inspectors, and Balaram Hansda, constable.

The National Commission for Women has taken took suo motu cognisance of the allegations made by the Army officer and his lady friend regarding the “custodial abuse”. “A formal letter has been sent to the DGP, requesting an action taken report within three days,” the NCW said on social media platform ‘X’ calling for urgent disciplinary action in the matter.

The father of the woman said “I visited my daughter at AIIMS-Bhubaneswar today (Wednesday). She was brutally beaten up by the five police personnel who were suspended. One of her teeth is broken, her jaw was dislocated, and her nervous system has been affected, making it difficult for her to walk. AIIMS-Bhubaneswar is providing the necessary treatment for her recovery.”

Narrating the sequence of events that night, the father said, “When she reached the police station, the personnel were not cooperative. My daughter had pleaded before them for immediate action. However, police personnel on duty were reluctant to send the PCR (Police Control Room) van to the location where they were harassed by some unsocial elements.”

“The lady constable was not in uniform. When these faults were pointed out to the on-duty police personnel, they took offence to it and resorted to beating. The two were put behind bars which was against the basic sense of duty of the police. The higher-ups in the Odisha Police have accepted the mistake and suspended the police personnel,” he said.

Meanwhile, ex-service personnel have staged a demonstration demanding judicial investigation and disciplinary action against the accused police personnel.