On August 4, 2024, Vishal Dhende (35) was beaten to death for suspicion of having stolen phone. Vishal and three others were brutally beaten by a railway constable along with three other persons. All four victims including Vishal were taken to a hotel on the railway platform, where the constable and the two private persons allegedly assaulted them with a wooden stick and iron rod, as well as punched and kicked them before allowing them to go home. Dhende went to his parents’ residence and died there on August 4, 2023. His parents claimed that Dhende was beaten up so badly that he was unable to stand or walk.

Later, upon complaint from another person who was also assaulted along with him, police registered a case of custodial death.

All custodial death cases are sent to MSHRC for inquiry, and during examination, the commission took up the case for hearing. MSHRC provided legal aid to the victim’s family to represent their case.

“The commission is convinced that the constable, deployed at Ahmednagar railway police station, has perpetrated custodial violence, brutal and unrestrained in nature, on Dhende to extract a confession in an unregistered crime,” said the order passed by MSHRC chairperson KK Tated and member Sanjay Kumar, while awarding the compensation to the family.

The order said that witnesses had established the chain of events without any element of doubt. The MSHRC said it was a custodial death case, and, because the victim was the sole breadwinner, leaving behind a widow and three school-going daughters, asked the state to pay compensation to the family.

The order said that witnesses had established the chain of events without any element of doubt. The MSHRC said it was a custodial death case, and, because the victim was the sole breadwinner, leaving behind a widow and three school-going daughters, asked the state to pay compensation to the family, Times of India reported.

Related:

Custodial deaths highest in Gujarat over 5 years; jails overcrowded

6 victims of demolition get compensation of Rs. 30 lakhs from Assam government

Death behind bars: Justice through the Indian Courts as cases spiral

The post Custodial Death: MSHRC orders to pay Rs 10 lakh to kin of custodial death victim appeared first on SabrangIndia.

In the first incident, Saikul Khan, a 27-year-old recently married youth, was taken into custody by the police in Alwar, Rajasthan. On the 23rd of July, 2023, his family was informed by the police, and upon visiting him, they were met with the shocking discovery of his lifeless body. Saikul was a student preparing for government job exams with no criminal record according to his family.

The family claims that he went missing at night, leaving them clueless about his whereabouts. After about 18 hours, the family received a call from the Cyber Crime cell, informing them that Saikul was involved in a cybercrime case and urging them to come to the police station.

Upon meeting him, the family was shocked to find Saikul gravely injured, and they allege that he had been tortured by the police while in custody. Saikul pleaded with his family members to take him away and prevent his return to custody. The family asserts that Saikul died while in police custody after they met him at the hospital, as reported by Bharat TV.

A #Muslim youth named #SaikulKhan, resident of #Alwar, #Rajasthan, was picked up by #Faridabad police two days ago.

Yesterday, the police called his family members. When the family members went to meet him, they found him dead.pic.twitter.com/EBtPiGlrGC

— Hate Detector (@HateDetectors) July 24, 2023

His loved ones also allege that he was subjected to torture while in custody, which resulted in severe injuries. The family is now seeking justice and demands for an impartial investigation into the events leading to his death rise.

In another heart-breaking incident in Chennai, Sridhar, a 25-year-old Dalit man, died shortly after being questioned by the MGR Nagar police. This marked the third such incident in Chennai in the past two years, further heightening concerns over the treatment of detainees in police custody.

A 25-year-old #Dalit man named #Sridhar died hours after he was questioned by the #MGRNagar police in #Chennai on Thursday, July 13.

In the last two years, this is the third instance in Chennai, where an individual has died hours after police interrogation.#TamilNadu pic.twitter.com/QbN26lh5EW

— Hate Detector (@HateDetectors) July 17, 2023

According to the News Minute, Sridhar passed away only a few hours after being interrogated by the MGR Nagar police in Chennai on the 13th of July 2023. The police initially brought Sridhar in for questioning regarding a theft on 12th July, and requested him to return the following day. Accompanied by his wife, Manju, Sridhar went to the police station on 13th July and returned home around 1:15 pm. However, he soon complained of chest discomfort, and subsequently he was rushed to KK Nagar Government Hospital where he later succumbed to his death. Sridhar was a sanitation worker.

The report by News Minute also notes that Sridhar’s family members want answers about the circumstances surrounding his death and are eagerly waiting for the post-mortem report. The post-mortem was conducted at Rajiv Gandhi Government Hospital and was completed on the 14th of July, 2023.

Meanwhile, the police have made a statement stating that Sridhar experienced seizures which was what led to his death. The police also said that Sridhar was brought to the ESI hospital but was already deceased when he suffered the seizures. His wife Manju has filed a police complaint and an investigation into Sridhar’s death is currently ongoing.

Adding to the grim toll of custodial deaths in India, Hazaribagh, Jharkhand, witnessed the tragic loss of Mohammad Ashfaq Khan. The police deemed Ashfaq Khan suspicious only because he had a previous criminal record, according to his family. The neighbouring family who suspected him of stealing from them has been accused of assaulting him before the police took him into custody. Ashfaq’s family further claims that the police took him into custody without informing them and that he was already injured due to alleged beatings by the family members who suspected him of stealing.

The family further alleges that the police officials left him for dead at the hospital after subjecting him to torture during his detention. In response to mounting pressure, the police have promised an impartial investigation and vowed to take strict action against any officials found culpable, according to a news report by Johar News, Hazaribagh that surface on Twitter in 18th of July, 2023.

Location: Hazaribagh, Jharkhand

Family alleges police of killing Muslim youth named Mohammad Ashfaq Khan in custody.

He was arrested on charges of theft and kept at the police station overnight.

pic.twitter.com/4LZw1BAVhN

— HindutvaWatch (@HindutvaWatchIn) July 18, 2023

These incidents have once again reignited the debate surrounding police brutality and the need for systemic reforms to ensure the safety and fair treatment of detainees. According to a report by Sabrang India, the Ministry of Home Affairs (MHA) reported in the Rajya Sabha that there has been a significant increase in custodial deaths across the country. Over the past three years the number of deaths while in police custody has risen by more than 60%, and in the last two years, the increase has been even more alarming, reaching 75%.

The data has further highlighted specific states where such cases have seen a drastic rise. For instance, in Maharashtra the number of custodial deaths has increased by a staggering ten times, while Kerala and Bihar witnessed a threefold increase. In Gujarat, Uttar Pradesh, and Karnataka the numbers have doubled, and have further raised serious concerns about the treatment of detainees in police custody.

Related

Custodial deaths highest in Gujarat over 5 years; jails overcrowded

Death behind bars: Justice through the Indian Courts as cases spiral

Hyderabad: Muslim man allegedly subjected to custodial torture on “suspicion of theft” for 5 days, dies in hospital

UP: Dalit man allegedly maimed, his pregnant wife beaten by Caste Hindus in Etah

The post Rising Concerns as Incidents of Custodial Deaths of Dalits and Muslims Continue Unabated appeared first on SabrangIndia.

A petition was filed by the deceased victim’s wife[1], Babita praying for an investigation into her husband’s death by the CBI as well as compensation for herself and her children to the tune of Rs. 10 lakhs.

According to Babita Devi’s advocate Shadab Ansari, Umesh Singh was arrested in June 2015 by Pawan Singh, the munshi of the Ghanudih police outpost, at the command of Harinarayan Ram, the officer-in-charge of the Ghanudih Outpost under the Tisra police station in the Jharia block of the Dhanbad district.

Umesh Singh was charged in a case involving protests over the frequent mine blasting that had damaged his home and other structures nearby. The court was informed that Umesh Singh’s body was found nearby Ghanuadih Joria after his family frantically sought him out when he failed to return home the following morning. His body had sustained severe injuries, and he was just wearing underpants, the court was informed. It was also claimed that, as the family confirmed in a video recording, the deceased’s shirt was discovered in the lockup of the police station. Obviously, it appears that this was a case of custodial torture.

At the Jharia police station, Babita Devi filed a FIR against Harinarayan Ram, Pawan Singh, Satendra Kumar, and unnamed police officers; however, the court was informed that the investigating officer failed to record the petitioners’ testimony for more than a year and a half.

Justice delayed is justice denied?

The court in the judgement, acknowledged that fatalities in custody constitute a breach of human rights. It acknowledged that the deceased’s passing away while under the custody of the police constituted a custodial death. This implies that the deceased’s death was caused by the police’s conduct or negligence, which violates his or her right to life, liberty, and the pursuit of happiness.

The Chief Judicial Magistrate’s (CJM) judicial investigation and its conclusions were taken into account by the court. According to the CJM’s inquiry report, the deceased was discovered dead while under police custody, substantiating the accusation of a death in custody. This report was performed by a judicial body and included evidence to support the claims, thus the court gave it considerable weight.

The court also recognised the significance of awarding damages in situations involving custodial deaths. It made reference to a plan outlining the process for allocating compensation in such circumstances. The court emphasised that compensation becomes necessary in proceedings under Article 226 of the Constitution when basic rights are violated. This demonstrates the court’s dedication to making sure the victims or their families receive fair compensation for having their rights violated. The court therefore, awarded the family of the victim 5,00,000 rupees.

The court ensured through its judgement that the situation qualifies for a public remedy. This refers to circumstances where the court utilizes its power under Article 226 of the Constitution to grant appropriate remedies in situations that affect the public more broadly. The court asserted its jurisdiction and authority to pass orders that address the violation of human rights, grant compensation, and ensure accountability in the interest of justice.

The police officers accountable for the death in custody must now face departmental charges, per the court’s directive. Internal disciplinary actions taken by the police department to hold personnel accountable for their conduct or carelessness are known as departmental proceedings. The court emphasized the distinction and independence between criminal and disciplinary proceedings. According to the evidence and circumstances surrounding the custodial death, it was indicated that departmental processes should be started, and if proven guilty, action should be taken against the errant officials. Unfortunately, as is want in such cases, no criminal charges for loss of life have been directed by the High Court.

If the errant police officials are proven guilty, the court permitted the State to reclaim the awarded compensation amount from them. This implies that the State has the power to collect the compensation sum from the police officials if the departmental or criminal processes show their liability. This clause makes sure that individuals accountable for the custodial death bear the financial burden of compensation rather than the State or taxpayers.

Human rights recognition and protection are at the centre of this lawsuit. The intrinsic rights of every person to life, liberty, and dignity are unquestionably recognised by the court. It emphasises how gravely these fundamental rights are violated when people die while they are being held captive. The case draws attention to this problem and highlights the pressing need to protect human rights, especially in the context of interactions between law enforcement and people in detention.

The court’s order to begin departmental procedures against the police officers accountable for the prisoner’s death is a crucial element of this case. This emphasises the urgent requirement to make law enforcement personnel responsible for their acts. By doing this, the court emphasises the idea that no one is above the law, regardless of their status. This ruling sends a strong message that misbehaviour or negligence that results in custodial deaths won’t be allowed and that those accountable must suffer the necessary repercussions.

The pursuit of justice and the defence of human rights continue to be hampered by the distressing reality of custodial deaths, which occurs throughout societies all over the world. Even if the case in question is a recent one, it is important to recognise the vast number of other, very similar cases that have troubled the Indian court system. These examples draw attention to the protracted delays in delivering justice, which cause the relatives of the deceased great damage.

The grief endured by the families left behind is made worse by how long it takes to resolve cases of custodial death. Their anguish is exacerbated, their grief is extended, and their trust in the judicial system is damaged by the drawn-out legal proceedings. It is impossible to emphasise the emotional, psychological, and financial toll that these families have experienced. As time stretches on, their struggle for closure and accountability becomes an enduring battle. 

Other recent custodial death cases

According to data from the National Human Rights Commission (NHRC) and the Union Ministry of Home Affairs, Gujarat has topped the list of Indian states with the most number of custodial deaths during the past five years. According to the official data, Gujarat reported 80 incarceration fatalities during this time, with the numbers rising yearly. Only in 2021–2022 did the state record 24 deaths while in custody.[2]

According to information submitted in the Rajya Sabha by the Ministry of Home Affairs (MHA), there has been a nationwide increase in the number of deaths while under the custody of the police of over 60% over the past three years and 75% over the past two years.

The data also showed that in Maharashtra, the number of such cases increased by a startling ten times, in Kerala and Bihar, by three times, and in Gujarat, Uttar Pradesh, and Karnataka, by two times.[3]

The terrible deaths of a father and son duo while they were being held in jail in Tamil Nadu’s Tuticorin district outraged the country and attracted attention from around the world. The event started when J. Bennix, the proprietor of a small mobile phone store, received a warning from the police for keeping his store open past the curfew set in place because of the COVID-19 outbreak. Bennix allegedly got into a fight with the police, which resulted in the arrest and detention of his father P. Jayaraj.

According to eyewitnesses, Bennix was severely beaten by the police in front of his friends, who were present when the incident occurred. Both the father and the child were covered in blood due to the severity of the assault. According to family members, Bennix endured additional torture, including the insertion of a baton into his anus, which caused uncontrollable bleeding. Jayaraj received numerous shoe-toe kicks to the chest. They were hauled to a magistrate without receiving medical care despite their wounds. The pair was booked into a nearby sub-jail after being accused of several crimes under the Indian Penal Code. However, as their health declined, they were only sent to the hospital after it was already too late.[4]

Police nabbed two people by the names of Vignesh and Suresh on April 18, 2022, while conducting a vehicle check. They were found to be in possession of marijuana and liquor bottles by the police. Doctors declared Vignesh dead the following day, which led to questions regarding the circumstances of his passing. The police said that Vignesh had died due to a seizure, however on investigation it was found that he was mercilessly beaten to death. Six police officers implicated in the death in custody were detained after a comprehensive investigation.

The District Magistrate remanded the accused officials to judicial prison. They were accused of violating both the SC/ST Atrocities Act and Section 302 of the Indian Penal Code, which deals with murder. An autopsy report that revealed numerous injuries and fractures on the body of the 25-year-old victim served as the foundation for the police officials’ arrest. Numerous bruises, especially on the victim’s head, along with deep muscle injuries, swelling, contusions, and wounds on the arms were noted in the report.

This case emphasises the tragic custodial death incident and the subsequent steps taken to conduct an investigation and prosecute those involved. The degree of the victim’s injuries were determined by the autopsy report, which led to questions about police brutality and the demand for accountability in law enforcement. A step has been taken towards addressing the problem and ensuring the victim receives justice with the arrest and charge of the involved police officers.[5]

The list of these cases just go on and on. The NHRC’s figures show a worrying trend of rising deaths while in custody. This information is concerning because Article 21 of the Indian Constitution guarantees everyone the fundamental right to life. The severity of the problem is increased when a law enforcement agency neglects its responsibility to protect life. According to the NCRB’s 2018 prison report, 149 deaths in custody were ascribed to non-natural causes, and some deaths were classified as unknown as a result of insufficient reporting from some states. Suicides made up a sizable fraction of these fatalities, raising concerns regarding whether the prisoners were forced to commit suicide or did so voluntarily to escape additional abuse and torture.

Prisoners’ psychological health is frequently ignored, and there is insufficient psychiatric treatment available to help them deal with the stress and trauma they experience. The poor circumstances inside prisons only make the problem worse. The medical care provided to convicts falls short of acceptable standards, and violent confrontations between prisoners occur often and frequently result in death. Inmates’ physical suffering exacerbates their emotional suffering, which has a detrimental effect on their wellbeing. To defend the fundamental human right to life, state authorities should make sure that these necessities are met.

A person who has been detained shall only be subjected to a reasonable degree of force and should not be restrained longer than is necessary to prevent escape, according to Section 49 of the Code of Criminal Procedure. However, police officers routinely violate these standards and use excessive force. Since the police are frequently in charge of the investigation in situations involving custodial deaths, they have the potential to tamper with the evidence and cover up such incidents on paper.

The absence of systemic accountability and transparency is one of the main causes of police brutality and deaths in custody. Due to a lack of adequate systems for investigation, monitoring, and holding the accountable, instances of police misconduct and abuse frequently go unreported and unpunished. Such occurrences are continually occurring because of a culture of impunity fueled by ineffective oversight and poor application of the laws that are in place.

The employment of coercive techniques during interrogations is another element. Sometimes, the police violate the rights of the accused and the norms of due process by using torture and other unlawful approaches to coerce information or confessions. In addition to violating human rights, this compromises the fairness of the criminal justice system. Article 20(3) states that no one may be forced to testify against themselves. It is an extremely important law since it prevents the accused from confessing when they are forced or tortured into doing so. Police are allowed to question suspects under Section 161 of the Code of Criminal Procedure, but if they employ pressure to extract information from a suspect during an investigation, it is considered compelled testimony. Forced testimony is not taken into consideration since it violates Article 20(3).

Article 21 is the fundamental right to life enshrined upon us by the Constitution of India, the situation of the prisons and police brutality is taking away this fundamental right and then awarding petty amounts in the form of compensation, more than half of these custodial deaths are not even reported as they are committed by law enforcement officials, this gives them an easy way out, as they can tamper with the evidence.

The rise in custodial deaths can be partly ascribed to the lack of strict punishments meted out to those involved in the past and the absence of well-defined precedents. To maintain accountability and stop law enforcement officials from abusing their authority, a clear precedent must be set.

What the constitutional courts of India have to say about Custodial deaths and compensation in such cases-

In the landmark case of DK Basu v. Union of India[6] it was held that the custodial death of a person breaches their fundamental rights and is unlawful. When a right is protected by the State, recourse must be sought against the State if the constitutional requirement established has not been met. According to legal interpretations, Article 21 ensures the right to life, personal liberty, and the ability to live in dignity. As a result, it also contains a protection against abuse by the State or its agents, such as torture.

Article 22 guarantees protection from arrest and detention. It states that no one who has been arrested may be held in jail without knowing the reason(s) for their arrest and that they are not to be denied the opportunity to speak with and be represented by a lawyer of their choosing. Article 20 (3) provides that a person accused of an offence shall not be compelled to be a witness against himself or herself. The guidelines issued by the court were as follows-

1. Police personnel must wear visible identification and maintain a register of personnel involved in the arrest and interrogation process.
2. A memorandum of arrest should be prepared at the time of arrest, witnessed by a family member or respectable person, and signed by the detainee, including the time and date of the arrest.
3. The arrested person has the right to inform a friend, relative, or someone interested in their well-being about the arrest.
4. The police must notify the detainee’s next friend or relative outside the district or city about the time, place of detention, and custody.
5. The arrested person must be informed of their right to have someone notified about their arrest or detention.
6. The arrest details, including the name of the informed next friend and custody details, must be recorded in the Case Diary at the place of detention.
7. A medical examination should be conducted at the time of arrest, recording any injuries, and an inspection memo must be signed by both the detainee and arresting officer.
8. The detainee must undergo a medical examination every 48 hours by a trained physician.
9. Copies of all relevant documents, including the arrest memo, must be sent to the Magistrate for registration.
10. The detainee may be allowed to meet their attorney during the interrogation but not throughout.
11. Police Control Rooms should be established for communication of arrest and custody information within 12 hours after the arrest.

The court also acknowledged that there is a need for compensation when someone’s fundamental rights have been violated.

Every time a person is injured and hurt, the law mandates that they have a way to seek redress in accordance with the idea of Ubi jus, ibi remedium, which translates to there is no wrong without a remedy. A mere declaration of invalidity or acknowledgement of custodial brutality or death is insufficient to offer a meaningful remedy when someone’s fundamental right to life has been violated. There must be other actions taken.

Although the Indian Constitution does not specifically mention compensation for violations of the fundamental right to life, the Supreme Court has established the right to compensation through its judicial rulings. This indicates that the court has acknowledged that the injured person is entitled to receive compensation as a kind of remedy in situations where there is a proven unconstitutional impairment of personal liberty or life.

In the case of Munshi Singh Gautam v. State of M.P[7] the court recognised that torture carried out by law enforcement officers is a serious offence that threatens civilised society by undermining citizens’ basic rights and human dignity. It promotes the notion among police that they may avoid responsibility because there isn’t any concrete proof. Direct evidence of police involvement in incidents of police torture or deaths in custody is frequently lacking because police officers frequently choose to keep quiet or tell lies to shield their coworkers. When prosecuting agencies themselves are involved, the prosecution’s stringent adherence to the standard of proof beyond a reasonable doubt can occasionally result in a miscarriage of justice.

If action is not taken to solve this problem, the judiciary and the criminal justice system may become less trustworthy in the eyes of the general populace, which will erode trust in the system. Because there is generally little direct proof or documentation of the acts, conviction rates for crimes involving police atrocities are sometimes low.

The Law Commission has suggested changes to the Indian Evidence Act that would transfer the burden of proof in these situations to the police officers. To reduce custody crimes, assure responsibility, and provide victims justice, the executive branch, legislature, and courts must act decisively. To ensure the truth is revealed and those responsible are held accountable, courts handling custodial crime cases should use a pragmatic and considerate approach rather than a restricted technical one.

This ruling highlights the necessity of broad structural changes, a shift in mindset, and the pursuit of justice and the truth in situations of custodial offences.

In the case of Inhuman Conditions in 1382 Prisons, In re[8] it was held that-

1. Even if a person is found not guilty after a trial, they are still entitled to compensation if they were unlawfully held. Compensation can be ordered to be given to the missing person’s relatives in circumstances of disappearances while they are in jail.
2. The right to compensation has been developed by the courts in situations of unconstitutional impairment of life or personal liberty, notwithstanding the Constitution’s lack of an explicit provision for it.
3. The State is held vicariously accountable for public employees’ violations of the fundamental right to life, and monetary compensation is a reasonable and practical remedy.
4. Sovereign immunity is not an acceptable defence, and the strict liability principle is in effect. The State is obligated to make the payment and may pursue restitution against the perpetrator.
5. The precise facts of each case will determine the amount of compensation given. The amount of compensation isn’t determined by a set formula.
6. Traditional remedies are not replaced by the relief granted by the court to address the violation of fundamental rights; rather, it supplements them. Any damages granted in a civil lawsuit may be offset against the compensation determined by the court and paid by the State.

However, in the same case the court has recognised that Custodial death is seen as a crime, therefore providing financial relief to the deceased person’s heirs is not the sole suitable relief.

There is a requirement for a sympathetic review of every prison. Violence against prisoners is a serious issue in civilised societies. Custodial violence in any form is repugnant and is condemned by all facets of society. People in positions of power need to be especially sensitive to those who are being held in captivity. Even though the results may have been inconsistent, the constitutional courts have constantly highlighted this issue.

The case of Prabhavathiamma v. the State of Kerala and others [9] involved the passing away of a scrap metal worker who was being held in detention in Thiruvananthapuram. The CBI Court subsequently gave the two accused service personnel the death penalty after a decade-long trial in the case. Justice Nazar stated that the police officers violently murdered the victim and damaged the police institution’s credibility.

The judge also ruled that pardoning such severe crimes was not an option since doing so would undermine public safety and encourage police to utilise their authority in arbitrary ways. Death sentences are a type of punishment that are rarely given, however in this case, the Bench made its decision based on the seriousness of the offence committed.

In conclusion, the issue of custodial deaths in India is a serious human rights violation and a cause for grave concern. The examples discussed here focus light on the terrible reality of custodial deaths and the pressing need for institutional reforms, justice, and accountability.

Custodial deaths are have been recognised by India’s constitutional courts as being illegal and a violation of fundamental rights. As a remedy to redress these transgressions, they have emphasised the significance of providing compensation to victims or their relatives. In order to prevent police brutality and guarantee the protection of those in detention, the courts have also emphasised the need for structural improvements, improved oversight, and a mental shift.

These decisions highlight the value of in-depth investigations, departmental actions against erring police officers, and a strong precedence to prevent such tragedies. Even in the absence of a specific constitutional provision, the courts have emphasised the State’s vicarious accountability and need to pay damages.

Police wrongdoing and the rising incidence of deaths while in custody call for immediate reform. To prevent mistreatment and torture while in custody, adequate protections must be put in place, such as identification of police officers, accurate record-keeping, medical examinations, and communication with family members. A culture of impunity must be eradicated, and those responsible must receive severe punishment.

Systematic improvements, such as improved training for law enforcement authorities, increased transparency, and the development of independent supervision mechanisms, are required to truly guarantee the fundamental right to life and dignity. Building a criminal justice system that upholds the values of justice, accountability, and respect for human rights should be the objective.

In the end, the judicial, executive, and legislative departments of the government must work together to pursue justice in situations of custodial deaths. India can safeguard the protection of its citizens’ rights and restore faith in the legal system by cooperating to address this pressing issue.

All the judgements cited may be read here:

1. Babita Devi and Ors Versus The State of Jharkhand
2. Dilip K. Basu v. State of W.B., (1997) 6 SCC 642
3. Munshi Singh Gautam v. State of M.P., (2005) 9 SCC 631
4. Inhuman Conditions in 1382 Prisons, In re, (2017) 10 SCC 658
5. J. Prabhavathiamma v. the State of Kerala and others, 2008 Cri LJ 455

(The author is an intern with Citizen for Justice and Peace, cjp.org.in)

[1] Babita Devi and Ors Versus The State of Jharkhand through Principal Secretary, Home Department, Govt. of Jharkhand, Ranchi and Ors, W.P.(Cr.) No. 48 of 2017

[2] https://sabrangindia.in/article/custodial-deaths-highest-gujarat-over-5-years-jails-overcrowded/

[3] https://thewire.in/rights/india-custodial-deaths-data-rajya-sabha-2023

[4] https://thewire.in/rights/jayaraj-bennix-custodial-deaths-impunity

[5] https://www.indiatoday.in/india/story/vignesh-custodial-death-cb-cid-arrests-2-cops-murder-charges-1946505-2022-05-07

[6] Dilip K. Basu v. State of W.B., (1997) 6 SCC 642

[7] Munshi Singh Gautam v. State of M.P., (2005) 9 SCC 631

[8] Inhuman Conditions in 1382 Prisons, In re, (2017) 10 SCC 658

[9] J. Prabhavathiamma v. the State of Kerala and others, 2008 Cri LJ 455

Related:

Custodial deaths highest in Gujarat over 5 years; jails overcrowded

Madras HC orders Judicial Magistrate to conduct inquiry into alleged custodial deaths in Tuticorin

UP: Maximum prison CCTVs, yet maximum custodial deaths?

Custodial torture victims are threatened, says People’s Watch: Tamil Nadu

Hyderabad: Muslim man allegedly subjected to custodial torture on “suspicion of theft” for 5 days, dies in hospital

The post Death behind bars: Justice through the Indian Courts as cases spiral appeared first on SabrangIndia.

The Indian Express reports that Sajid Abbasi was apprehended by local police in an orchard and escorted to a checkpoint near the Khekra police station on suspicion of gambling. After some time, he was let go by the police, but half an hour later, while he was being driven to the hospital, he passed away. It is crucial to note that Sajid Abbasi is survived by three children and his wife, who is currently expecting another child. Abbasi has three brothers, all of whom also work as labourers.

Jounrlaist Meer Faisal also tweeted on the incident, “A 26-year-old Muslim youth named Sajid Abbasi allegedly died in police custody in Baghpat, Uttar Pradesh. Kin alleged he was tortured by cops and eventually succumbed to his injuries. Sajid was picked up from the mango orchard today at 11:00 a.m. by the Rataul police on the charge of gambling.”

The tweet can be read here:

A 26-year-old Muslim youth named Sajid Abbasi allegedly died in police custody in Baghpat, Uttar Pradesh. Kin alleged he was tortured by cops and eventually succumbed to his injuries. Sajid was picked up from the mango orchard today at 11:00 a.m. by the Rataul police on the… pic.twitter.com/ZXPccI6TND

— Meer Faisal (@meerfaisal01) July 2, 2023

The family of the deceased alleged that the young Muslim man was severely beaten up by the police and was almost unconscious when he was released, as per the information provided by Maktoob. Sajid’s father, Babu Abbasi, alleged that police officers severely abused his son at the police checkpoint and that he was only released when his condition deteriorated. Even the villagers had seen three police constables beating him mercilessly, the distraught father further said.

Shahabuddin, Abbasi’s elder brother, told Maktoob media that his brother was picked up by police after being mistaken for being a gambler. The mango fields near their home are infamous for gambling.

“Police were chasing some gamblers and they picked my brother who was returning home. He tried pleading with them that he was not a gambler. But the four policemen started thrashing him. He was arrested and taken to the chowki, where they beat him up even more. He was unconscious when my father reached the chowki to inquire about the issue,” Shahabuddin said, as reported by Maktoob media.

After Sajid’s death, furious villagers blocked the road and demanded that the police be held accountable. By keeping the body at the Rataul bus stop, relatives and locals held a protest.

“We didn’t try to create a scene. We just took the body and sat on the road so that the authorities might give some attention to our loss, to this injustice that has ruined our family,” Shahabuddin stated, as reported by Maktoob media.

Upon being asked if anyone from the police authority or administration has reached out to the family, to which Shahabuddin said, that no one contacted them. The family of the deceased further provided that they have decided to register an FIR as soon as the funeral gets executed.

Statement by the police:

As stated by Arpit Vijayvargiya, Superintendent of Police, Baghpat, the family of the deceased and the villagers have been pacified with the assurance of strict action against the culprits.

“He was detained on suspicion of gambling but was later released as police did not have any evidence against him,” said the SP, as reported by Maktoob media.

While the police authorities claimed that no FIR was lodged in the case so far as the family had not given any complaint, Baghpat ASP, Manish Kumar, stated that a probe was already initiated into the incident and the cause of death would be clear only after the autopsy report. It has been reported by Maktoob media that a postmortem had been conducted by the police before the body was released for the funeral.

“Action would be taken against those responsible on the basis of the available facts,” said the police officer.

Meanwhile, a cop has been shunted to police lines in connection with the death, reported Maktoob media.

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The post Young Muslim labourer allegedly dies 30 minutes after release from custody appeared first on SabrangIndia.

AHMEDABAD:  Gujarat has, one again, the dubious distinction of topping the list of states in the country where the highest number of custodial deaths took place over the last five years, with 80 such cases being reported. 

This is official data provided by the National Human Rights Commission (NHRC), and tabled in Parliament by the Union Ministry of Home Affairs (MHA): Gujarat recorded 14 custodial deaths in 2017–18, 13 in 2018–19, 12 in 2019–20 and 24 in 2021–22! 

Besides, the statistics provided by the ministry regarding the condition of inmates in Gujarat’s jails also paint a sorry picture, despite all the talk of development and progress. “Gujarat state has a prison capacity of 13,999 prisoners, 16,597 prisoners are currently housed in its jails. Importantly, the numbers unequivocally show that Gujarat’s jails are overflowing with 2,598 inmates,” states the data tabled by Minister of State for Home Affairs Ajay Mishra in Parliament. He was responding to a question posed by Congress MP Abdul Khaleque in the Lok Sabha recently.

In February 2023, Sabrangindia had also reported on data of deaths in police custody. Then, according to data provided by the Union government in the Rajya Sabha on Wednesday, February 8, there has been a steady rise in deaths of persons in police custody in the past three years. 

It was in response to a question that the union government stated that 12 deaths in police custody were reported in Gujarat in 2019-20, which rose to 17 in 2020-21 and 24 in 2021-22. Across the country, the number of persons who died in police custody rose from 100 in 2020-21 to 175 in 2021-22.  The question had been asked by Rajya Sabha member Phulo Devi Netam, seeking data on all deaths in police custody over the past five years.  She also sought to know the status of their investigations and payment of compensation in these cases, apart from asking what steps the government intends to take to eliminate custodial torture and deaths. 

In the reply, the Union minister of state for home affairs Nityanand Rai said financial relief worth Rs 5.80 crore has been granted to victims in 201 cases, while disciplinary action has been taken in one case.

He added that police and public order are state subjects and the central government issues advisories from time to time, asking states to protect human rights.

In March 2021, Sabrangindia had reported this phenomenon in Gujarat (custodial deaths) when figures and the statistics had shows that disciplinary action was taken in only 15 cases of custodial deaths, with no prosecution between 2017 and 2021.

In terms of deaths in police custody, Gujarat reported the highest number of cases at 15 between the year 2020 up to February 28, 2021. Uttar Pradesh, on the other hand, reported 395 cases of death in judicial custody. Across all States and Union Territories, a total of 86 deaths in police custody was reported by the National Human Rights Commission (NHRC), where the state of Gujarat had then accounted for 6% of deaths in police lockups. The year from 2020 to 2021, also reported a whopping 1,645 cases of judicial custodial deaths. Following Gujarat, Maharashtra recorded 11 deaths in police custody and West Bengal reported 158 deaths in judicial custody.

Sabrangindia has analysed all the data provided by the NHRC and tabled in Parliament yesterday, March 15.

In response to another question posed in the Lok Sabha, the Ministry of Home Affairs, said that there are a total of 745 police stations in Gujarat, out of which 622 have CCTVs and 123 do not. According to data submitted in the Lok Sabha, the union government has not released the Rs 25.58 crores it set aside for the upgrading of the Gujarat Police for the past two years (2020-2021 and 2021-2022).

Gujarat Congress spokesperson Hiren Banker told the media recently, “The growing number of custodial deaths in Gandhi-Sardar’s Gujarat is a source of shame for the state. The rule of law governs a civil society. However, the BJP government’s use of incarceration amounts to abuse of power.”

Congress leader Parthivaraj Singh also took on the Gujarat government. “Gujarat’s jails are already overflowing. According to a government report, 22,696 accused are still at large in Gujarat. When all of these people are apprehended, where will they be kept? Will new jails be constructed? When will they be completed?” he said.

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GANDHINAGAR: According to data provided by the Union government in the Rajya Sabha on Wednesday, February 8, there has been a steady rise in deaths of persons in police custody in the past three years. 

Replying  to a question, the union government stated that 12 deaths in police custody were reported in Gujarat in 2019-20, which rose to 17 in 2020-21 and 24 in 2021-22. Across the country, the number of persons who died in police custody rose from 100 in 2020-21 to 175 in 2021-22. 

The question was asked by Rajya Sabha member Phulo Devi Netam, seeking data on all deaths in police custody over the past five years.  She also sought to know the status of their investigations and payment of compensation in these cases, apart from asking what steps the government intends to take to eliminate custodial torture and deaths. 

In the reply, the Union minister of state for home affairs Nityanand Rai said financial relief worth Rs 5.80 crore has been granted to victims in 201 cases, while disciplinary action has been taken in one case.

He added that police and public order are state subjects and the central government issues advisories from time to time, asking states to protect human rights.

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8 Mumbai cops charged with murder in Agnelo Valdaris custodial death case

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Lucknow: A 28-year-old dalit man who was summoned for questioning by Fatehpur police in a forgery case allegedly died in police custody on Sunday, casting a fresh glare on the frequency of similar deaths in the state.

Satendra Kumar is said to be the 503rd person to die in custody since the state’s BJP-led government took charge for a consecutive term in March this year. Before this, a lawyer had put the number of reported custody deaths at 600 while the state government had acknowledged 501 deaths till July 26.

The victim, Satyendra, was picked up by cops on Saturday after his name surfaced in a probe related to a forgery case of 14 ATM cards, said Rajesh Kumar Singh, superintendent of police, Radhanagar police station, Fatehpur.

“Satendra Singh was summoned by Radhanagar police after his name cropped up in a forgery/dishonesty case and recovery of 14 ATM cards. On Saturday night the accused suddenly got ill. He was immediately rushed to the hospital but was declared brought dead by the attending doctor,” the SP told NewsClick.

However, the cause of death is yet to be determined. The police said the cause could be determined only after the complete report.

“We have conducted proceedings on charges of murder and wrongful confinement against the three police personnel, the investigation is going on under the supervision of the Judicial Magistrate. Prima facie, seems to be an illness. But to determine the actual cause of death,” Singh further said, adding that the additional SP will conduct a separate investigation into the killing.

Based on a complaint filed by the victim’s mother Ram Dulari member, an FIR has been lodged against the three suspended cops and four other unidentified policemen under sections 302, 342, 384 of the Indian Penal Code (IPC) and relevant sections of the SC/ST Act.

According to the complaint accessed by NewsClick, the deceased mother alleged that her son Satendra Kumar alias Gajendra Kumar (28) was working as a medical representative (MR) and was living in a rented accommodation in Jairam Nagar. She alleged that on October 6, six policemen, including the SHO along with the SI of Radhangar police station took her younger son forcibly to the police station without any reason. Over there they brutally tortured him resulting in his death. She further said that the other police personnel called her elder son Arvind Kumar and demanded Rs 3 lakhs from him telling him that if he did not pay up then they would implicate his brother in a serious case.

The three cops who have been suspended for their alleged role in Kumar’s killing are — Sunil Singh, station in charge of Radhanagar police station; sub-inspector Vikas Singh, and constable Devendra Yadav.

Meanwhile, Arvind Kumar, elder brother of the victim, has alleged that the cops had demanded Rs 3 lakh in bribe instead of releasing his brother when he went to the police station on Saturday night to meet him.

“My brother was picked up on Wednesday and was kept in the police station for four days. On Saturday his health condition deteriorated due to the torture during interrogation and he succumbed to his wounds,” the deceased brother who is a junior engineer in Irrigation Department told NewsClick.

He further added, “Satendra has expressed apprehension that something might be wrong with him over the phone. I tried to meet him twice but the police didn’t let it happen. On Saturday they (cops) asked me to pay Rs 3 lakh within an hour to remove his name from 18 cases and the next day he died. How could I arrange so much money within an hour?”

In a similar case, a 40- year-old contractual employee of the power department reportedly died in police custody in UP’s Gonda district on September 15 after his health deteriorated when he was brought for interrogation in a murder case reported two days ago.

Later, the district superintendent of police (SP) suspended ten cops in connection with the death in custody.

Uttar Pradesh police high-handedness and growing custodial deaths raise questions about the claims of Chief Minister Yogi Adityanath about better policing and law and order in the state.

Controversy erupted in Uttar Pradesh’s Kasganj district on November 8 last year after the death of a young Muslim allegedly died in police custody.

The family of the deceased has alleged that he was tortured by police in lockup, which led to his death. Police, however, claimed that the accused killed himself using the drawstring of his jacket’s hood when he went to the lockup washroom.

There is one commonality in all police custody cases the complainants accused UP Police of extortion () to remove the name from the alleged crime and when they failed to give the said amount, they were found dead in different circumstances.

HIGHEST CUSTODIAL DEATHS IN UP

Uttar Pradesh has reported the highest number of custodial deaths () among all states and Union Territories in the last two years, the Centre told Parliament on July 27.

In 2020-’21, Uttar Pradesh recorded 451 custodial deaths, while the number rose to 501 in 2021-’22. The total number of custodial deaths in India increased from 1,940 in 2020-21 to 2,544 in 2021-22, according to government data.

Union Minister of State for Home Affairs Nityanand Rai presented the data in response to a question by Indian Union Muslim League MP Abdussamad Samadani.

On whether the government has set up any mechanism to investigate complaints of custodial deaths, Rai replied that the police and public order are subjects that fall under the State List in the Constitution.

“However, the Centre issues advisories from time to time and has also enacted the Protection of Human Rights Act, 1993, which stipulates the establishment of the NHRC [National Human Rights Commission] and State Human Rights Commissions to look into the alleged human rights violations by public servants,” Rai added in his reply.

Courtesy: Newsclick

The post UP: Dalit Man Dies In Police Custody in Fatehpur, Family Accuses Police of Rs 3 Lakh Extortion appeared first on SabrangIndia.

Eight years after the brutal custodial death of 24- year-old Agnelo Valdaris, eight police personnel attached to Wadala Government Railway Police (GRP) station in Mumbai will be charged for murdering him. The ghastly killing, over allegations of an alleged theft, had shocked the conscience of the cosmopolis.

On September 17, the court partly accepted a plea by Leonard Valdaris, the victim’s father, to frame charges of murder against the suspects. Valdaris, a former Mumbai Port Trust employee, sought rejection of the earlier chargesheet saying it was a case of death due to custodial torture. He had based his plea on the HC’s observations in 2019 that it was a prima facie case of custodial death and that Section 302 (murder) be invoked. The policemen went on appeal before the SC.

Hindustan Times and Times of India reported that special POCSO judge Jayshri R Pulate has allowed the plea filed by Agnelo Valdaris’ family for prosecuting the policemen for murder, a charge which was also resisted by the Central Bureau of Investigation (CBI) which probed the case. The central agency had maintained that there was no material to support the charge of murder. Despite the reluctance of the investigating agency, the Judge has weighed evidence and ruled for charging the police personnel.

“The material on record in the form of statements of witnesses, postmortem report, copies of station diaries and the memorandum of the scene of the offence, reveals that prima facie it is the case where charge under Section 302 (murder), 295-A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the IPC can be framed,” said the court while allowing the plea.

The eight police personnel who would also face the murder charge include Jitendra Rathod, Archana Pujari, Shatrugan Tondse, Tushar Khairnar, Ravindra Mane, Suresh Mane, Vikas Suryawanshi and Satyajit Kamble. According to the prosecution case, Agnelo and three others were allegedly tortured and sexually abused by the Wadala GRP on April 18, 2014. The four men were picked up by the police from their residences on April 15 and April 16, suspecting them to be involved in chain snatching.

The special trial court has set October 21 as the date “for framing of murder charge” against all eight accused police officers, reports Swati Deshpande. The accused have been asked to be present on that day. Wadala GRP personnel had arrested Valdaris and three others including a minor boy on April 15, 2014 on charges of stealing gold jewellery. They were allegedly stripped, tortured and sexually abused. Valdaris died in custody while the others were released on bail.

A special trial court has directed “all the respondents (accused)” in the Agnelo Valdaris custodial death case to “remain present” on October 21 for framing charges under Sections 302 (for murder) and 295 (A) (for acts intended to outrage religious feelings) of the IPC in addition to other “charges levelled against them in the chargesheet”.

Plea by father of Valdaris insisted on murder charge

It all began when they were taken to the GRP station where they were allegedly beaten up and questioned where they had kept a gold chain and a ring suspected to be stolen by them. Agnello allegedly died due to the torture while in police custody and a first information report (FIR) was registered against the personnel concerned, attached to the Wadala GRP.

Little moved till the family stepped in to pursue justice for their tortured and killed son. It was a petition by his father, that led the Bombay high court to transfer the case to CBI, which then filed charge-sheet on December 3, 2016 against the eight police officers, invoking provisions of the Indian Penal Code and also relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act as well. Crucially, however, the charges levelled against them, did not include the charge of murder.

The high court, acting on a separate petition by the father of the victim, later directed CBI to invoke the charge of murder in the case. The order was challenged before the Supreme Court, which directed trial court to decide the issue after hearing all the stakeholders – the victim’s family, the accused and prosecution. The SC in November 2020 directed the trial court to independently “apply its mind” while deciding on the framing of charges and invoking appropriate sections. Valdaris’s counsel Payoshi Roy said the SC had also permitted the father and other victims to file protest petitions which the trial court would have to consider.

A CBI investigation said Agnelo died when he escaped from custody and was run over on the railway tracks. Police were initially charge sheeted only for causing injury, wrongful confinement and criminal conspiracy-all minor offences, according to his father’s plea-and it was only following Bombay high court supervision that the cops were charge sheeted under the Protection Of Children from Sexual Offences Act in 2016.
 

Proceedings in the POSCO Court

Accordingly, the special POCSO court heard all of them and passed the order, which became available on Wednesday and held that the police personnel were liable to be charged for murder, primarily in view of the material on record like the postmortem report, which showed that the deceased had incised wounds, multiple abrasions and contusions. There was a fracture on ribs on both sides. Injury marks of bluish red colour were caused during the period when the victim was in police custody.

Besides, the trial court also relied on the statements of others apprehended with the victim. “The co-accused i.e. Sufiyan Khan (25), Mohd. Hajam (19) and a minor who are also victims of custodial torture said in their statements that they have witnessed the torture meted out to the deceased. The statement of co-accused shows that they were also sexually abused by the police who are meant to protect society. Therefore, the conduct of police officers from the inception of arrest of deceased and co-accused is suspicious,” said the court.

The court also relied on the statement of medical officer Dr. Ejaz Husin who said that the accused cops pressurised him to mention that the injuries were self- inflicted. Further the court said that the CCTV footage which could have given a clear picture is missing.

Destruction of Evidence

“There is one more aspect which is required to be considered that CCTV footage of Wadala railway police station was not preserved in spite of directions issued by the Hon’ble High Court vide its order dated 16.06.2014. Therefore, it also leads to negative inference against police officers / accused,” the court said.
 

Counsel for the family

Roy said the HC had in December 2016 observed that statements recorded by CBI disclosed commission of an offence under sections 302 (murder) or 304 Part II (culpable homicide not amounting to murder) and 377 (unnatural acts) IPC. In September 2018, CBI then filed a supplementary chargesheet adding section 377 IPC against the police officers but not section 302, IPC.

Valdaris’s plea said the accused must be tried for murder as the autopsy surgeon said “immediate cause of death” was “hemorrhage due to multiple injuries. The post-mortem report reflects that head injuries suffered by the deceased resulted in brain hemorrhage and a subarachnoid hemorrhage, both of which are life threatening and prima facie homicidal.”

The protest plea said, “it is not the case of the prosecution that the train had gone over the deceased’s head. Nor do the head injuries carry any deposition of black greasy material from the train tracks”, The petition cited statements of the father, a doctor who examined him and post-mortem reports and alleged “suppression of CCTV footage at Wadala railway station”.

The detailed order of the court is awaited but the brief order said, “Special Public Prosecutor Abhinav Krishna is present” and all eight accused on bail are “absent”. For the first accused, his lawyer had filed an exemption plea which the court granted. Advocates Abhiman Patil representing four of the other accused and Kumawat for the remaining three were present.

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As many as 12 people died in police custody and 49 other people were injured between June 1, 2021 and December 3, 2021 in Assam, said Chief Minister Himanta Biswas Sarma on March 21, 2022. Sarma’s statement was in response to a question in the Assembly from MLA Akhil Gogoi regarding deaths and fake encounters of accused persons in police custody.

On Monday, Gogoi asked the official holding the Home Ministry portfolio for a list of the accused who died or suffered injuries in custody, along with details of magisterial inquiry into such cases. Further, he asked about how many of these cases were followed with FIRs and actions taken.

The government provided information on over 60 such incidents over seven months. Of these, five deaths occurred in Kokrajhar district. As per the department information, 32-year-old Sirajul Daula died at the Mankachar police station while 28-year-old Aminul Hoque and Monirul Hoque of the same age were killed at the Lakhipur police station.

The administrative district is located in the Bodoland Territorial Region of the state and includes a detention camp where many people remain imprisoned.

Similarly, 23-year-old Jwngshar Muchahary died at the Serfanguri police station and Janak Jr. Brahma of the same age died at the Bagibari police station. Although no FIRs were filed after these deaths, a magisterial inquiry was called in all these incidents.

In Jorhat, Sobir Ansary and Niraj Das were killed in custody. Here too, a magisterial inquiry was called but the reports are yet to be received. FIRs were also filed in both cases with an IPC section on negligent death filed in Das’s incident.

Aside from these two districts, there were custodial deaths in Chirang, Darrang, Dhemaji, Karimganj, Karbi Anglong. In the latter’s case, no FIR was filed for the death of Kanwaldeep Singh Sidhu.

Regarding magisterial inquiries, Sarma replied, “The magistrate enquiry was set up in 16 cases. As a case is going on in the Guwahati High Court for those persons who died or injured in police custody under the PIL… the report of magistrate enquiry couldn’t be provided on these cases.”

The report was still pending in as many as six of these inquiries. The list of these attacks may be seen below.

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Gujarat seems to have become the custodial death capital of the country, with the state consistently reporting one of the highest number of custodial deaths in the country over the last few years.

In Gujarat’s Panchmahal district, a man arrested on charges of transporting beef has died in custody, allegedly  by suicide on Wednesday, as claimed by the police. This counts as custodial death, while not on remand, as the deceased, Qasim Abdullah Hayat (32), was yet to be presented before a Magistrate. He died within hours of his arrest on September 15. The FIR against the deceased was filed at the Godhra B Division police station by an assistant police constable, as the police had received information that Qasim was riding a two-wheeler from Sevaliya to Godhra with beef in the luggage compartment, reported The Wire.

The police say that Qasim’s death has been captured on the police station’s CCTV camera and that he hanged himself. However, the family of the deceased has demanded a fair investigation into Qasim’s death.

The FIR states that Qasim told the police that it was mutton that he had procured to be delivered to some women reported Indian Express. The five women have also been named in the FIR as accused.

The menace of custodial deaths has been persistent in Gujarat and the police escape with absolute impunity in these cases. The National Crime Records Bureau (NCRB) Crime in India 2020 report indicates that Gujarat reported highest number of deaths in custody, with 15 deaths of persons not in remand. The reasons for these deaths are attributed to suicide (6), illness (6) and injuries sustained prior to custody (2). None of the deaths are attributed to police assault, by not just Gujarat, but all other states which have reported custodial deaths. Out of these 15 cases, only 2 cases were registered against police however no police personnel have been arrested or chargesheeted. Therefore, none have been tried or convicted.

As per Ministry of Home Affairs, Gujarat has reported the highest number of police custodial deaths between 2020 and 2021 at 17. This data was provided by the Ministry during the monsoon session of Parliament.

In 2019 as well, Gujarat recorded the second highest custodial deaths in the country with 10 deaths. However, in 2019, 14 police personnel were chargesheeted and arrested in cases of custodial deaths, however none were convicted that year as well.

Chief Justice of India, NV Ramana at an event organised by the National Legal Services Authority of India (NALSA) had underscored the violation of human rights in police custody, “The threat to human rights and bodily integrity are the highest in police stations. Custodial torture and other police atrocities are problems which still prevail in our society. Inspite of constitutional declarations and guarantees, lack of effective legal representation at the police stations is a huge detriment to the arrested and detained persons”. 

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