Court raps police for 'unprofessional', 'insensitive' approach in claiming unnatural death of elderly as due to road accident

A court here has rapped Delhi Police officials for their "casual, highly unprofessional and absolutely insensitive" approach in investigating the unnatural death of an 85-year-old retired Border Security Force (BSF) official.

The court also observed that any institutional indifference towards the abuse of the elderly cannot be condoned and no indulgence can be given to abusive and exploitative adults who are uncaring of their elders.

While police claimed that Ujagar Singh, a resident of Jammu, died here due to a road accident, the court found that the elderly man was a victim of familial abuse by his own children and died in unnatural circumstances.

Presiding Officer of the Motor Accident Claims Tribunal Kamini Lau was hearing a case regarding the death of Singh, who was found in an injured condition near the Jhandewalan temple here on December 10.

Singh died the same day in a hospital and after registering a case of accidental death, the investigating officer (IO) filed a First Accident Report (FAR) before the tribunal.

Underlining that it is the court's duty to ensure that any case of unnatural death is not closed in a routine manner by passing it off as a motor vehicle accident, the judge had posed questions to the officials concerned and after being dissatisfied with their response, directed for the personal appearance of the deputy commissioner of police (central).

Passing an order after the proceedings on Friday, the judge said, "The station house officer (SHO), Paharganj has submitted in writing that additional penal sections under sections 109 (punishment of abetment), 304 (culpable homicide not amounting to murder and 34 (common intention) of the Indian Penal Code shall be added in the present case and he will also invoke the relevant provisions of the Maintenance and Welfare of Parents and Senior Citizens Act." Police had earlier registered a case for the offences of rash driving and causing death by negligence.

"I have observed that the SHO and the ACP concerned adopted an approach which was casual, highly unprofessional and absolutely insensitive. They grossly ignored the established, standard investigating procedure and practice and expected this court or tribunal to fall in line with their irrational, illogical and ill-advised conclusions by overlooking their major lapses," the judge said.

"As a court of law...no illegalities can be tolerated or condoned. Courts of law are not rubber stamps and have sufficient inherent powers to take all necessary steps as per law to ensure that due justice is done," the judge added.

The court allowed the DCP to submit a status report on January 17 and directed that a copy of the order be sent to the police commissioner for "information and necessary action".

It noted the additional DCP's submissions that he would ensure that all necessary steps are taken to ensure justice in the case.

Earlier on January 9, the court had deprecated the conduct of the assistant commissioner of police (ACP) and the Paharganj SHO for a 26-day delay in the registration of the FIR, invoking a lesser offence for the unnatural death of the deceased, delaying timely initiation of investigation and concluding that the unnatural death was a result of a road accident, without any cogent material or evidence.

"I express my strong displeasure for...the manner in which senior-level officers have, without any admissible evidence, jumped to this conclusion of a road traffic accident by their own personal assumption with the sole aim to close the case," the court had said.

Taking note of the "major and material lapses", it had directed for the personal appearance of the DCP concerned.

The court had also issued notices to two public witnesses, who had last seen the victim alive and to whom Singh had explained the circumstances under which he was found in Delhi.

The court noted on Friday that new facts had emerged from the witnesses' statements and evidence, which pointed to the physical, verbal, emotional and economic abuse of Singh, along with his mental suffering, neglect and abandonment, by his sons.

It said the possibility of Singh escaping from his two adult sons in order to save himself from the abuse or being shunted out from his house cannot be ruled out.

The court noted that police handed over Singh's body and belongings to his abusive sons, who were the prime suspects, and attempted to close the case on the basis of their oral statements, in which they claimed that the deceased was suffering from a mental disorder.

"No indulgence can be given to any abusive and exploitative (emotional, psychological and financial) adults who are uncaring of their elders in the house. Overlooking and ignoring this outrageous criminal behaviour does not spell well for the society and this country," the court said.

It said anyone indulging in acts causing a serious risk to elderly people has to face legal consequences and any adult who disrespects parents, being grossly unconcerned with the outcome of the abusive behaviour, has to be taken to task.

"Identification and reporting of this abuse, neglect and exploitation to authorities is necessary for timely intervention and any institutional indifference and non-serious, non-professional and insensitive casual approach has to be viewed seriously and cannot be condoned," the court said.

It also said in the present case, the timely action by police against those who caused harassment to the deceased was "totally missing, resulting in his unnatural death".