Delhi’s Metropolitian Magistrate Mayank Goel, who today heard Delhi Police’s plea for a seven-day extension of police custody of Olympic wrestler Sushil Kumar, accused in a murder case at the Chhatarsal Stadium, ordered that Kumar be sent to four more days of police custody.
Advocate Pradeep Rana, appearing for the accused, alleged that the police had leaked the video of the incident to the media which has gone against the rights of Kumar. He said that it is the case of the investigating agency that no pistol has been used in this case. “There is no such complaint,” Rana said.
“Chhatarsal Stadium is not more than 10 km from this court and not a mile away from the police station. Why have they not taken the DVR from the Chhatarsal Stadium? It is government property. They can take it any time. My client’s custodial interrogation is not necessary for this.”
The counsel also said: “They have not mentioned anything in their case diary as to where they have taken him every day. A single ground has not been given in their (Delhi Police) remand application and it is prejudicial to my rights. No ground is made out for further extension of PC remand of my client Sushil Kumar. I am not objecting to the investigation and the cooperation. I am available for cooperation anytime. Police custody is not required or that.
“They will be forcing my cooperation if they are seeking my further custody, because they have not got anything in the last PC remand through my cooperation,” Rana said. “They are using my custody to hamper my image in media and it prejudices my right. My liberty should not be curtailed.”
Advocate Ashish Kajal, public prosecutor, said: “Certain incriminating material is yet to be recovered. Mr Rana questions how the custody of the accused transfer from Delhi Police to Crime Branch. I want to say it’s the Delhi Commissioner’s prerogative to change the IO anytime.”
“With respect to the recovered pistol, I would like to submit that I want to submit only the progress of the investigation. Whether it was used or connected somewhere during trial or used during offence is a matter of investigation and to be told during the framing of charge. Charge sheet is yet to be filed and investigation is yet to be completed. With regard to the media trial, they have legal remedies and they can use those legal remedies,” PP Kajal said.
“There is no order barring the media to watch the proceedings. Recently, the Supreme Court opined that there should be live streaming of important matters. Investigation is the prerogative of the investigating agency and this application may kindly be allowed. It is not the accused who tells the investigation agency how it has to be conducted,” Kajal said.
Rana said: “We are not against the media reporting, but about a selective leak to media by the police. The CDs may be tampered with, and I am going to make an application for that. I would like to request court to sign the CDs so that those may not be tampered.”
Rana added: “My vakalatnama should be attested by my client Sushil Kumar in my favour. The accused shall be medical examined twice a day.”
The PP said: “There is no rule of law that the accused may be medically examined twice a day. I agree that the case diary should be submitted before the court.”
Rana: “The right of the accused may be prejudiced, that is why medical examination is there as per the law. The CDs should be signed. Also the advocate should be present with the accused during the interrogation.”
Kajal: “We have no objection to that.”