THESIS TO BE SUBMITTED TO NATIONAL LAW SCHOOL OF INDIA UNIVERSITY AS PART OF HUMAN RIGHTS LAW PROGRAM
There are some ten kinds of custodial deaths.Let us define them one by one and study them in detail.
1.Wrongful confinement and deliberate murder by the agents of the state.
2.Necessary confinement and death due to police torture which was involuntary.
3,Necessary confinement and death due to murderous intent from the agents of the state
4.Convict committing suicide during incarceration
5.Accidental death of convict due to some causes
6.Death of convict due to earlier health issues
7.An external actor entering police or judicial premises and committing murder.
8.Professional killing of the convict by agents of the state to prevent him from giving evidence
9.Death through mock encounter
10.Death of the convict due to altercation with the police.
11.Death due to improper medical attention
12.Death due to very poor nutrition
13.Death due to infighting among convicts
14.Paid killings from within the system
15.Agents of the state using force for their own self-protection
WRONGFUL CONFINEMENT AND MURDER BY AGENTS OF THE STATE
There are some ten kinds of custodial deaths.Let us define them one by one and study them in detail.
1.Wrongful confinement and deliberate murder by the agents of the state.
2.Necessary confinement and death due to police torture which was involuntary.
3,Necessary confinement and death due to murderous intent from the agents of the state
4.Convict committing suicide during incarceration
5.Accidental death of convict due to some causes
6.Death of convict due to earlier health issues
7.An external actor entering police or judicial premises and committing murder.
8.Professional killing of the convict by agents of the state to prevent him from giving evidence
9.Death through mock encounter
10.Death of the convict due to altercation with the police.
11.Death due to improper medical attention
12.Death due to very poor nutrition
13.Death due to infighting among convicts
14.Paid killings from within the system
15.Agents of the state using force for their own self-protection
WRONGFUL CONFINEMENT AND MURDER BY AGENTS OF THE STATE
The Commission took cognizance of a news item which reported the death of one Hussain Teli, who was brought to the police station at Bonli in Rajasthan for interrogation in connection with the case of the murder of one Prahlad Yadav. It was alleged that Hussain Teli was tortured to death.
The Commission directed its Investigation Division to investigate the matter. Accordingly, an investigation was undertaken and a report was submitted indicating that this was, indeed, a case of death by torture as a result of police interrogation and that the body of Hussain Teli was buried in unusual circumstances by the police with a view to covering-up their misdeeds.
On an examination of the information before it, the Commission noted that Hussain Teli was called to the police station for interrogation and detained illegally. As Hussain Teli died the very next morning after he was released from police custody and as it was found that blood was oozing from his mouth and nose, there was a nexus between the death and conduct of the police during investigation. Even though no external injuries had been noticed in the inquest and the post-mortem report, the circumstances indicated that Hussain was illegally detained and tortured during the police investigation.
The Commission observed that while steps were being taken to prosecute the concerned officials, a case having already been registered against them, this was a fit case for award of compensation to the dependents. Having regard to the circumstances, the Commission directed payment of interim compensation of Rs.50,000/- to the dependents of the deceased Hussain Teli. The State Government has since complied with the recommendations of the Commission.
The Commission took suo-motu cognizance of an instance of police brutality, published in the Hindustan Times on 3 September 1998, under the heading "Police brutality again in Kerala". The report stated that a college lecturer was beaten mercilessly by the police as he had dared to question the fare demanded by the driver of an autorickshaw he had taken while visiting Kozhikode. When the lecturer became unconscious, his legs and hands were tied and he was shifted to a mental hospital, and a case was made out that he was a violent mental patient. The mental hospital did not admit him because of his serious condition and he was taken to the Medical College. The reporters and photographers, who tried to obtain a first hand account of the torture inflicted upon the victim, were also assaulted by the police.
The Commission issued notices to the Chief Secretary and DGP, Government of Kerala. According to the report submitted by the Commissioner of Police, the deeds of the concerned police officials were confirmed. On the basis of this factual confirmation, the Government had suspended the culprits (2 sub-inspectors, 1 ASI, 1 Head Constable, 3 Police Constables) and an enquiry was ordered against them.
Convinced that appropriate steps were being taken against the culprits, the case was closed by the Commission. The Govt. was directed to report the result of the disciplinary action taken against the delinquent officials with utmost expedition.
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