In a significant development, the Bombay High Court’s Nagpur bench recently revoked the anticipatory bail granted to two policemen accused in the custodial death of a 19-year-old youth in Akola. The court’s decision highlights the importance of upholding the integrity of the criminal justice system, especially when the protectors of the law themselves become violators.
Justice Urmila Joshi Phalke, in her ruling, emphasized the severity of the offense, stating, “When the protectors of the law violate the law, the punishment must be appropriately stringent.” The accused, Police Sub-Inspector Rajesh Jaware and Constable Chandraprakash Solanke, were implicated in the death of Gowardhan Ganesh Haramkar, who had been arrested in January 2024 under suspicion of robbery.
According to the case details, Gowardhan was subjected to severe physical assault by the accused officers after his arrest, leading to serious injuries. He was later transferred to a hospital, where he succumbed to his wounds. The allegations of police brutality were backed by a formal complaint filed by the victim’s uncle in April, which accused the officers of using excessive force during the arrest and detention.
In response to the initial decision by the Additional Sessions Judge in Akot, who had granted anticipatory bail to the officers, the complainant’s counsel contested the ruling, arguing that the evidence suggested police misconduct. The lower court had cited insufficient evidence and the delay in lodging the FIR, even hinting that the victim’s injuries might have been caused by an accident.
However, Justice Phalke highlighted the vital role of police officers in maintaining public trust and upholding justice. She noted, “Such instances deplete the confidence in the criminal justice system much more than those involving private individuals.” The court stressed that police officers, who are entrusted with enforcing the law, must be held to a higher standard.
The ruling also underscored the importance of a thorough investigation, with Justice Phalke pointing out that the lower court had not adequately considered the gravity of the allegations or the potential for evidence tampering.
As a result, the Bombay High Court cancelled the anticipatory bail granted to the accused officers and ordered them to surrender before the Investigation Officer by December 20, 2024.
