Sagar Dhankar murder: Delhi court sends Sushil Kumar to 4-day police remand, says no one above law

Wrestler Sushil Kumar arrested. Pic/ Pallav Paliwal

While sending wrestler Sushil Kumar to further 4-day remand in connection with the alleged murder of wrestler Sagar Dhankar, Delhi's Rohini Court on Saturday observed that "no one is above the law and law treats everyone equally".

While granting further remand, Duty Metropolitan Magistrate Mayank Goel of Rohini Court said the court is duty-bound to strike a balance between the fairness of the investigation and the rights of the accused.

"No one is above law and law treats everyone equally. Though the Constitution guarantees the right to life and liberty to all persons whether they are accused or not but that right is also subject to certain exceptions. Moreover, the importance of initial days of investigation to unearth the truth also has to be seen," the Court observed.

The Court noted that in the present situations, the allegations against both the accused persons are very grave and serious in nature.

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"Moreover, the involvement of large number of persons in the commission of crime as well as in hiding out of the accused persons, some of which belong to some notorious gangs stationed in Delhi and outside Delhi are yet to be arrested," the Court said.

"Moreover, certain recoveries i.e. mobile phone and clothes of accused persons are yet to be made. As such in the interest of justice deem it appropriate to allow the application of IO (Investigation Officer) to the extent of four days only," it said.

"Accordingly, both the accused namely Sushil Kumar alias Pehlwan and Ajay Kumar Sehrawat are remanded to police custody for four days. IO is directed to conduct the medical examination of both the accused during the police custody remand as per rules," the court said.

Delhi Police, which was seeking further 7-day remand of Sushil Kumar, that Sushil Kumar is the main culprit of the heinous offence and is not cooperating during the interrogation.

Delhi Police, through Public Prosecutor Ashish Kajal, also informed the court that till today only 8 accused have been arrested. Many more are yet to be arrested and that is only possible if further police custody is given, Kajal said.

The Public Prosecutor further submitted that police custody is important as whereabouts have to be ascertained of several absconding accused.

"Police can't use force, it's for the accused to cooperate or not. Since he has not cooperated, some material evidence, some assailants are yet to be recovered. It is not yet clear that if the pistol recovered from Kumar was actually used or not. It is still under consideration. Chargesheet is yet to be filed and the investigation is yet to be completed," the Delhi Police informed the court.

However, Advocate Pradeep Rana, appearing for Sushil Kumar, opposed the police remand application for further police custody and asked how can the custody transferred from one investigating agency to another agency.

Advocate Rana alleged that Delhi Police is misusing Sushil Kumar's custody. "Police have spoilt their six days granted to them. They say that a licensed pistol was recovered. Did they even tell that if it was used in the alleged crime or not?" the lawyer argued.

Sushil Lawyer also raised questions on the media reporting in the case.

Earlier while sending Sushil Kumar to police remand, the court had said, "Our constitution guarantees the right to life and liberty to all persons subject to just exceptions, The importance of the initial days of investigation for unearthing the truth need not be over emphasized." In the present situation, the allegations against the accused person are grave in nature.

Involvement of large number of persons, some of which are stated to be belonging to some notorious gangs stationed outside Delhi is also suspected and they are yet to be arrested," the Court had said.

The 38-year-old wrestler, Sushil Kumar, a prime suspect in the murder case and his associate Ajay Bakkarwala were arrested by a team of Special Cell, Delhi Police recently in the Mundka area of the national capital.

A non-bailable warrant was issued against Kumar and others in the case relating to the alleged killing of Sagar Dhankar at Chhatrasal Stadium on May 4.

According to Delhi Police, Kumar had been on the run trying to evade his arrest. He had crossed the borders of as many as seven states and union territories in the past 18 days. He also constantly changed his SIM cards in an effort to avoid arrest, informed the Delhi Police.

An incident of a brawl among wrestlers was reported on May 4 in which some wrestlers were injured. Sagar, being one of them died during treatment at the hospital.

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