JJB issues notice to cops after teen alleges custodial torture
The boy's family also accused the cops of harassment.
The incident traces back to an FIR filed on July 27 under Section 305 of the BNS (theft in a dwelling house) at Sector 126 police station. Anwar Khan, a resident of Raipur Khadar village, reported the theft of two mobile phones, two gold rings, a silver anklet, and Rs 17,000 in cash while he and his flatmate were asleep. His flatmate's three mobile phones were also stolen, Khan claimed.
According to police records, the 15-year-old juvenile and co-accused Vishal Ahirwar (20) were apprehended on Aug 14 in connection with the theft. The cops claimed to have recovered six mobile phones, Rs 2,500 in cash, an anklet, and two rings from the duo. Both accused, they said, confessed to committing the theft on July 26.
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The narrative, however, took a grim turn on Aug 18, when the boy appeared before the JJB. He alleged that around 5.30pm on Aug 8 — and not Aug 14 as claimed by police — he was forcibly taken by the cops and held overnight at the station.
He recounted a harrowing ordeal, where cops allegedly assaulted his mother, confiscated her phone, and extorted Rs 6,500 before taking him to custody.
The boy wasn't spared either. "While I was in the (Sector 126) police station, the inspector hit me with a belt on both my palms and wrists and also on the soles of my feet. I felt a lot of pain and was screaming. I told him not to hit me, but he wouldn't stop," he added.
The ordeal didn't stop at that. The teenager alleged that between Aug 11 and 13, the police transported him to Mahoba and Gwalior in Madhya Pradesh, lodging him in hotels without informing his family.
He was kept at the police station for two days before being admitted to an observation home on Aug 15. On Aug 18, he was presented in court without his family being even informed about it.
The JJB — acknowledging the "serious allegations" — has ordered the Sector 126 SHO to preserve CCTV footage from Aug 8 to 15 and submit it within 48 hours. The board also criticised the investigating officer, Yogesh Chaudhary, for attempting to mislead the panel and behaving improperly.
"Assistant Commissioner of Police, Gautam Budh Nagar, is directed to initiate investigation against the Investigating Officer Yogesh Choudhary in the above case for offences under JJ Act and BNS," read the order by principal magistrate (JJB) Ankita Singh.
The order also specified that the inquiry against Choudhary should examine violations of the JJ Act, including improper apprehension, denial of bail, and failure to inform the child's parents or probation officer.
It will also look into "possible offences" of cruelty to a child under JJ Act and for wrongful confinement and disobeying the law with intent to cause injury under the BNS.
District child protection unit has been asked to appoint a counsellor for the boy and submit a report within a week. The child welfare police officer must also explain the failure to follow the due process in custody under the JJ Act.
As of now, the boy will stay in the observation home till Aug 20. "The Police Commissioner of Gautam Budh Nagar is to ensure a thorough investigation and appropriate action against the officer, while the District Legal Services Authority will provide legal aid to the child," the board said.
Told about the allegations of custodial torture, DCP (Noida) Yamuna Prasad said, "We are investigating the matter and the allegations levelled by the minor boy."
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