Court warns of CBI intervention if crucial videography and photographs are not recovered by the next hearing date.
In a significant ruling, the Allahabad High Court has directed the National Human Rights Commission (NHRC) to return all evidence, including crucial videography and photographs, related to a custodial death case to the State Government. The case, which has been mired in controversy due to missing evidence, concerns the alleged suicide of a deceased individual at Police Station Dannahar, District Mainpuri in May 2009.
The Public Interest Litigation (PIL) filed by the Association for Advocacy and Legal Initiatives, Lucknow, sought the recovery of missing videography and photographs that were purportedly sent to the NHRC by the police. The High Court, in its order dated 7th April 2026, expressed dissatisfaction over the absence of these vital documents and warned of involving the Central Bureau of Investigation (CBI) if the evidence is not produced by the next hearing scheduled for 5th May 2026.
The bench, comprising Justices Atul Sreedharan and Siddharth Nandan, highlighted the lack of clarity regarding the whereabouts of the evidence. Despite the NHRC closing the case in 2011, the court noted that the order did not mention any videography or photographs, raising concerns about the thoroughness of the investigation.
The court directed the Registrar of NHRC to return the documents and evidence sent by the police in the case marked as No.6207/24/51/09-10-AD. The State Government has been instructed to authorize a person to take custody of these documents, prepare an index, and present the evidence before the court.
Furthermore, the court has sought affidavits from the Sub-Divisional Magistrate and the Superintendent of Police involved in the case to explain the missing evidence and the events at the police station. The court emphasized that any failure to comply with these directives could lead to serious consequences, including potential CBI involvement to recover the missing evidence.
This development underscores the judiciary's commitment to ensuring accountability and transparency in cases of custodial deaths, where evidence tampering or mishandling can severely impact justice delivery.
Bottom Line:
Public Interest Litigation seeking recovery of missing evidence, including videography and photographs, related to custodial death of a deceased. Court directs NHRC to return all evidence sent to it by the State Government and warns of possible CBI involvement for recovering vital evidence if not produced.
Statutory provision(s): Public Interest Litigation, National Human Rights Commission Act, Central Bureau of Investigation Act
