Delhi HC pulls up Delhi Police, transfers 2017 death case to CBI

The woman in her petition asserted that the cops faltered in their investigation since they presumed that the death of her son— Arnav Duggal was suicide, and not murder

The Delhi high court has transferred to the Central Bureau of Investigation (CBI) a case relating to the death of a 23-year-old man employed as a manager at a luxury hotel in 2017, while sharply criticising the Delhi police for conducting a “lackadaisical” and “myopic” probe.

The Delhi police had argued that the oral and medical evidence clearly pointed to the probability of death by suicide. (File photo)

A bench of justice Tushar Rao Gedela delivered the verdict on Thursday while dealing with a petition by the man’s mother, who sought transfer of the case from the Delhi police to CBI.

The woman in her petition asserted that the cops faltered in their investigation since they presumed that the death of her son— Arnav Duggal was suicide, and not murder.

The petition further stated that such an assumption emanated from the version given by the woman with whom her son was allegedly in a relationship and she was the only person present in the flat when he died. None of the police officers, the petition stated, had seen her son’s body hanging from the ceiling fan.

The Delhi police had argued that the oral and medical evidence clearly pointed to the probability of death by suicide, left no room for the authorities to rule out otherwise and probe the incident as if it was one of murder.

The cop’s lawyer, Anmol Sinha, further argued that the investigation in the present case was conducted three times by different authorities of varying ranks and was insulated from any external influence, and was not shoddy/negligent. The theory of murder, the lawyer said, was a figment of imagination devoid of any evidence.

Ultimately, the court in its ruling observed that the case had been investigated three times, initially by the local police, followed by the Crime Branch, and finally by a Special Investigation Team, each probe appearing to repeat the same narrative simply.

The judge noted that although the police concluded the death was a suicide, they failed to explain the underlying reasons or place on record any evidence supporting this conclusion. Even though the likely cause of death was asphyxia due to antemortem hanging, the court said the investigators provided no clarity on why the deceased would have taken his own life.

“Though in the present case, the “cause of death” in all probability may be ascertained as Asphyxia as a result of antemortem hanging, but what is glaringly lacking is the “reason” for death by suicide.

The prosecution has utterly failed to inform this Court or even the Trial Court of any such reason, particularly when there is no material placed on record to indicate that the deceased was under depression or having suicidal tendencies. It is not as if this Court is goading or coaxing the prosecution to consider the ingredients of offence under Section 306 IPC, but it is only a pointer as to how the investigations or, in other words, the lackadaisical nature in which the investigations have been carried out,” the court maintained.

The bench further held that the police completely failed to examine whether there was any element of abetment involved. Instead, the investigation was conducted in a narrow, one-dimensional manner, based solely on the version given by the woman with whom Duggal was allegedly in a relationship.

The court said the probe relied mechanically on the suicide theory without applying investigative, analytical, or scientific scrutiny to the surrounding circumstances.

“Taking note of the aforesaid crucial and material lacunae observed in the investigations carried out not only by the IO but also the Crime Branch and the SIT which appear to have merely parroted the same version, this Court is constrained to observe that the investigations lack bona fide and appear to have been conducted myopically, that too, predicated only on the theory of suicide as stated by MT without applying its investigative or analytical and scientific mind to the circumstances noted in the preceding paragraphs,” it added.

Apart from conducting an investigation, the court also directed the probe agency to conduct an inquiry into the lapses, if any, by the officers of the Delhi police with regard to conducting the investigation.

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