In a significant legal development, the Himachal Pradesh High Court has suspended the life imprisonment sentence awarded to former Indian Police Service (IPS) officer, Arun Kumar Sharma alias Zaidi, in a high-profile custodial death case dating back to 2009. The court also raised serious questions about the Central Bureau of Investigation's (CBI) theory of a criminal conspiracy in the matter.
Court Questions CBI's Conspiracy Narrative
A division bench comprising Justice Sabina and Justice Satyen Vaidya delivered the order, suspending the sentence and granting bail to the retired officer. The bench critically examined the CBI's foundational argument that Zaidi had hatched a criminal conspiracy leading to the death of a suspect, Narender Singh, in police custody at the Kotkhai police station in Shimla district.
The judges pointedly observed that the prosecution, led by the CBI, had failed to establish the basic premise of a conspiracy. "For an offence of criminal conspiracy, there has to be a meeting of minds. In the present case, there is no evidence to show that the applicant had hatched a conspiracy with other accused," the bench stated. This fundamental flaw in the CBI's case formed a key pillar of the court's decision to grant relief to the former police officer.
Background of the 2009 Custodial Death Case
The case revolves around the tragic death of Narender Singh, who was taken into custody on July 4, 2009, in connection with a theft investigation. He died while in police custody shortly after. The incident sparked public outrage, leading to the transfer of the investigation to the CBI.
The CBI's chargesheet alleged that Zaidi, who was the Superintendent of Police (SP) of Shimla at the time, was part of a conspiracy that resulted in Singh's death. Based on this, a special CBI court in Shimla had convicted Zaidi and sentenced him to life imprisonment. Other police personnel convicted in the case included ASI Ramesh Chand, Head Constable Rafiq Ali, and Constables Dinesh, Jagdish, and Surat Singh.
Bail Granted and Future Proceedings
While suspending the life sentence, the High Court directed Zaidi to be released on bail upon furnishing a personal bond of Rs 50,000 with one surety of the same amount. The court's order is an interim relief, and the substantive appeal filed by Zaidi challenging his conviction and sentence will continue to be heard on its merits.
This ruling highlights the judiciary's role in scrutinizing investigative theories and ensuring that convictions are based on solid, legally tenable evidence. The court's skepticism towards the conspiracy charge marks a pivotal moment in this long-running legal battle, which has drawn attention to issues of police accountability and custodial justice in India.
