2014 custodial death: Bombay HC clears way for murder trial against 8 cops

In a significant development in a long running custodial death case, the Bombay High Court has upheld a trial court’s decision to frame murder charges against eight police personnel in connection with the 2014 death of Mumbai youth Agnello Valdaris while in custody.

A division bench of Justices A. S. Gadkari and Shyam Chandak dismissed petitions filed by the accused officers challenging a September 2022 order of the trial court that directed framing of charges under Section 302 (murder) and other provisions of the Indian Penal Code. The High Court ruled that the circumstances surrounding Valdaris’s death raised serious questions that could only be properly examined through a full trial.

While delivering its order, the bench made a powerful observation on the pursuit of justice. “The dead cannot cry for justice,” the court said, stressing that it is the responsibility of the living and the justice system to ensure accountability and truth in cases involving loss of life.

The case dates back to April 2014 , when Agnello Valdaris and three others were detained by the Wadala Railway Police in connection with a robbery investigation. According to the police version, Valdaris allegedly escaped from custody and was later hit by a train , leading to his death.

However, the official account was strongly contested. Statements from co detainees and medical evidence suggested that Valdaris may have been subjected to custodial torture . The High Court noted that the detainees, including Valdaris, were allegedly illegally detained, assaulted and abused inside the police lock up , raising serious doubts about the police narrative.

The bench also pointed to major inconsistencies in police records and lapses in the handling of evidence. It observed that CCTV footage was not preserved despite court directions , and that police authorities failed to follow medical advice, including not conducting a recommended X-ray examination.

In particularly strong remarks, the court noted that allegations of sexual abuse during custody were extremely disturbing , adding that the details were too shocking to be reproduced in the order so as not to damage the broader image of the police force.

After examining the material placed before it, the High Court concluded that the trial judge had applied the correct legal test , and that the evidence on record, if unrebutted during trial, could potentially lead to conviction. With the High Court refusing to interfere, the case will now proceed to trial against the eight police personnel, keeping alive the pursuit of justice in a case that has remained under scrutiny for more than a decade.