The Bombay High Court has upheld a trial court’s decision to frame murder charges against eight police personnel in connection with the 2014 custodial death of Agnello Valdaris. Rejecting the petitions filed by the accused officers, the court emphasized the “moral obligation” to seek justice for the deceased, noting that circumstances surrounding the death warrant a full criminal trial.
A division bench comprising Justices A. S. Gadkakri and Shyam Chandak dismissed the challenges brought by the police personnel against a September 2022 trial court order. The officers now face charges under Section 302 (murder) and Section 295-A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC).
“The dead cannot cry out for justice. It is a duty of the living to do so for them,” the High Court observed, quoting author Lois McMaster Bujold. The bench noted that the quote emphasizes the accountability and honor owed to those who have passed away.
The case dates back to 2014, when Agnello Valdaris and three others were detained by the Wadala Railway Police in relation to a robbery investigation. According to the petitioning police officers, Valdaris died after being struck by a train while attempting to escape from custody.
The petitioners included senior inspector Jitendra Rathod, assistant inspector Archana Pujari, sub-inspector Shatrugan Tondse, head constable Suresh Mane, and constables Tushar Khairnar, Ravindra Mane, Vikas Suryawanshi, and Satyajit Kamble.
However, the High Court pointed to a “serious controversy” regarding whether the death was accidental or homicidal. While the police maintained the “escape” narrative, the court found that evidence on record—including statements from co-detainees and medical reports—pointed toward custodial torture.
The High Court’s order highlighted harrowing details of the alleged treatment meted out to the detainees. The bench noted that Valdaris and the others were allegedly detained illegally and subjected to severe physical assault and abuse within the lock-up.
Commenting on the nature of the allegations, the bench remarked: “The sexual abuse was so disgusting that one would not be able to imagine that such an incident may occur in a police station. Considering the central issue, we do not deem it proper to mention that abuse herein to protect the police image in general.”
Beyond the allegations of physical abuse, the court identified several critical procedural failures by the police:
- Inconsistent Records: Significant discrepancies were found in the official police documentation.
- CCTV Footage: The court noted the non-preservation of CCTV footage, despite specific judicial directions to do so.
- Medical Negligence: Authorities failed to follow medical advice for the deceased, including a recommended X-ray examination that was never conducted.
The High Court concluded that the trial judge had applied the correct legal tests in ordering the framing of murder charges. The bench stated that the material currently on record, if it remains unrebutted during the trial, is sufficient to potentially lead to a conviction.
By dismissing the petitions, the High Court has cleared the way for the eight personnel to stand trial for murder, ensuring that the allegations of custodial violence are fully litigated in a court of law.
