Custodial Torture | SabrangIndia News Related to Human Rights Wed, 08 Oct 2025 11:12:27 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Custodial Torture | SabrangIndia 32 32 Second Case in a Month: Another minor alleges torture in Gujarat police custody, cop and sanitation worker booked https://sabrangindia.in/second-case-in-a-months-another-minor-alleges-torture-in-gujarat-police-custody-cop-and-sanitation-worker-booked/ Wed, 08 Oct 2025 11:07:31 +0000 https://sabrangindia.in/?p=43947 A viral video showing a sanitation worker pulling out a Muslim minor’s hair as a police constable records and laughs has triggered outrage in Gujarat. This is the second case of alleged custodial torture of a minor in the state within a month, exposing systemic patterns of impunity, cruelty, and disregard for juvenile protection laws

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Authorities in Rajkot, Gujarat, have booked two individuals — a police constable and a sanitation worker — for the alleged torture of a teenaged Muslim boy inside a police station. The case came to light after a deeply disturbing video surfaced on social media last week, appearing to show the boy’s ordeal within the confines of a government facility.

The Indian Express reported that the video shows a man seated on a chair gripping a young boy by his hair, tearing out handfuls of it, and throwing the hair into a dustbin — all while laughing. The boy, visibly terrified, pleads for the abuse to stop. The person seen committing the act has been identified as a sanitation worker employed at the station, while the video was allegedly filmed by a police constable posted there.

Police have now registered an FIR under multiple provisions of the Bharatiya Nyaya Sanhita (BNS) — including Section 115(2) (voluntarily causing hurt), Section 198 (willful disobedience of law with intent to cause injury), and Section 54 (abetment while present). The case also invokes Section 75 of the Juvenile Justice (Care and Protection of Children) Act, which criminalises cruelty towards a child, according to The Indian Express.

The incident and the complaint

According to the FIR, the incident occurred last month after the boy — a minor — was detained in an assault case. The complaint, filed by his grandmother, states that he had been picked up by the police following a neighbourhood altercation that left one person injured in an alleged knife attack. The police then detained the boy and subsequently sent him to a juvenile remand home, where he remained for about 16–17 days before being released, as per Indian Express.

Initially, the youth did not disclose the abuse he suffered in custody. His grandmother told The Indian Express that he became withdrawn and fearful after being released. It was only when the video surfaced on social media several weeks later that he revealed the truth — that during his detention, he was humiliated, beaten, and had his hair forcibly pulled out while police officers looked on and one recorded the act on his phone.

The grandmother then approached community leaders for help, and together they drafted a formal complaint. This complaint named four persons: the sanitation worker, the constable, the station’s police inspector, and an Assistant Commissioner of Police (ACP).

Community intervention and representation

Mujahid Nafees, Convener of the Minority Coordination Committee (MCC), wrote to Gujarat DGP Vikas Sahay on behalf of the family, demanding immediate disciplinary and criminal action against the officers involved. The application was formally forwarded to Rajkot Police Commissioner Brajesh Kumar Jha, reported The Indian Express.

With the assistance of local community members, the youth’s grandmother also submitted a separate written representation to the Police Commissioner. However, when the FIR was finally registered, it named only two accused — the constable and the sanitation worker — omitting the senior officers originally mentioned.

According to sources close to the family, reported The Indian Express, the police presented what they described as “convincing evidence” that both the Inspector and ACP were not present at the police station when the incident occurred. This led to their exclusion from the FIR, though activists have criticised the decision as premature and lacking transparency.

Official statements and inquiry

When contacted, Rajkot City Police Commissioner Brajesh Kumar Jha was unavailable for comment. DCP Zone-2 Rakesh Desai told The Indian Express that the FIR had been filed based on the grandmother’s complaint. “In the case of the video of a minor whose hair is being pulled out, his grandmother has given a complaint and we have filed an FIR,” Desai said. “The accused police constable has been transferred to headquarters, and the sanitation worker has been removed from his job.”

When asked about the inspector and ACP who were named in the initial complaint but not in the FIR, DCP Desai said, “Our inquiry has found that they were not involved.”

The preliminary inquiry has now been assigned to ACP (West) Radhika Bharai, who confirmed to The Indian Express that she has recorded statements from all involved and will submit her final report shortly. The criminal investigation into the FIR will be handled by a Police Sub-Inspector from another chowki under the same jurisdiction to ensure impartiality.

A second case of custodial torture against a minor

This latest incident in Rajkot comes on the heels of another horrifying case from Botad district, Gujarat, where four police constables were booked for the alleged torture and sexual assault of a 17-year-old boy in custody in August 2025. The case has attracted national attention due to the boy’s critical condition and the Supreme Court’s involvement.

According to the report of LiveLaw, the sister of the victim filed a petition under Article 32 of the Constitution before the Supreme Court, seeking an investigation by a Special Investigation Team (SIT) or the Central Bureau of Investigation (CBI). As provided in the petition, the boy was picked up by police officers of Botad Town on August 19, 2025, from a local fair on suspicion of theft. He was illegally detained for over nine days — from August 19 to August 28 — during which he was brutally assaulted and sexually abused by four to six officers.

The plea alleged multiple violations of procedural law:

  • The minor was not produced before a Juvenile Justice Board or magistrate within 24 hours,
  • No medical examination was conducted,
  • His grandfather was also detained and tortured, and
  • Officials later attempted to coerce the family into signing false statements.

On September 1, as per Bar & Bench, police told the family that the boy was suffering from an “insect bite” and required specialised medical attention. He was transferred to Zydus Hospital, Ahmedabad, where doctors found that he had suffered severe kidney damage requiring dialysis, temporary blindness, and seizures resulting from trauma.

The petition further stated that the boy remained in the ICU, and during this time, police officials allegedly forced his signature on certain documents and compelled family members to sign papers claiming that his injuries were due to a bicycle fall. The hospital refused to share the toxicology report or medical details with the family.

Supreme Court’s directions

The matter reached the Supreme Court in early October. A bench of Justices Vikram Nath and Sandeep Mehta heard the petition on October 7, 2025. As per LiveLaw, the bench refused to entertain the case directly, directing the petitioner to first approach the Gujarat High Court for relief.

Justice Nath observed: “Our sympathy is with your case, but the proper way is to go to the High Court.” Justice Mehta added that the petitioner could return to the Supreme Court if the High Court failed to take adequate steps.

The petitioner’s lawyer, pleaded for urgent directions to preserve the CCTV footage of the police station and to constitute a medical board from AIIMS, citing fears that crucial evidence might be destroyed. The Court, however, declined to issue immediate orders, stating, “It won’t be destroyed if you go to the High Court timely.”

Civil society response and pattern of abuse

The Minority Coordination Committee (MCC), which has taken up both the Rajkot and Botad cases, has called for the immediate suspension of the accused officers, registration of additional offences under custodial violence statutes, and judicial monitoring of the investigations.

Human rights advocates and legal experts have expressed grave concern over the emerging pattern of police violence against minors, particularly Muslim youth from marginalized backgrounds. They point out that both cases involve illegal detention, denial of medical access, and attempts at cover-up, indicating a culture of impunity within the state’s policing system.

Bhatt, who represented the Botad victim’s family, told Bar & Bench that these incidents “demonstrate a systemic disregard for due process and a chilling normalisation of custodial violence against minors.”

Conclusion: The urgency of accountability

The two back-to-back incidents — in Rajkot and Botad — lay bare a disturbing continuity of abuse within Gujarat’s police system, particularly against young Muslim males. Both cases reveal a pattern of dehumanizing violence, institutional protectionism, and token disciplinary actions that stop short of real accountability.

While Rajkot police have limited their action to transferring one constable and dismissing a sanitation worker, such cosmetic measures do little to restore public faith. Rights organizations have called for:

  • Independent investigations under judicial supervision,
  • Immediate forensic preservation of CCTV footage and medical records,
  • Prosecution of officers under sections related to custodial torture and juvenile protection, and
  • Oversight by the National Human Rights Commission (NHRC)

As has been documented, these incidents are not isolated excesses — they are symptoms of a systemic crisis. Unless the Gujarat government ensures structural accountability and enforces zero tolerance for custodial brutality, these cases will fade into the familiar pattern of viral outrage followed by institutional silence.

 

Related:

CJP files complaint to Maharashtra DGP, SP Jalgaon over police participation in communal rally amid Suleman Pathan lynching probe

Cuttack plunged into chaos during Durga Puja, dozens injured as procession clashes spiral into violence

NBDSA pulls up India TV for communal, one-sided broadcast; upholds CJP complaint against broadcast

The Politics of Memory: Controversy over graves of Afzal Guru and Maqbool Bhatt

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“A Constitutionally Imperative to Ensure Justice”: Supreme Court Orders CBI probe, arrests, and ₹50 Lakh compensation for brutal custodial torture of constable in J&K https://sabrangindia.in/a-constitutionally-imperative-to-ensure-justice-supreme-court-orders-cbi-probe-arrests-and-%e2%82%b950-lakh-compensation-for-brutal-custodial-torture-of-constable-in-jk/ Wed, 23 Jul 2025 07:16:32 +0000 https://sabrangindia.in/?p=42896 Describing the case as ‘unprecedented in gravity,’ the Court demolishes the state’s suicide narrative, quashes the retaliatory FIR, and affirms that the documented injuries, including complete genital mutilation and anal insertion, are medically impossible to be self-inflicted

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In a damning indictment of state abuse and institutional failure, the Supreme Court of India on Monday ordered the Central Bureau of Investigation (CBI) to take over the investigation into the illegal detention and brutal custodial torture of a serving police constable, Khursheed Ahmad Chohan, at the Joint Interrogation Centre (JIC), Kupwara, Jammu & Kashmir. As crucial, in recognition of the brutality of the violations inflicted, reparation was also ordered. The Court also awarded ₹50,00,000/- (Rupees Fifty Lakhs) as compensation to the appellant, holding it to be a necessary constitutional remedy in light of the established violation of Article 21.

The Supreme Court not only quashed a retaliatory FIR filed against the victim under Section 309 IPC for “attempt to suicide” but directed the immediate arrest of the officers involved and ordered the Union Territory of Jammu & Kashmir to pay ₹50 lakh as constitutional compensation, recoverable from the guilty officers following departmental proceedings. The CBI has also been tasked with investigating systemic failures and institutional impunity at the JIC.

The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by the complete mutilation of the appellant’s genitalia, represents one of the most barbaric instances of police atrocity which the State is trying to defend and cover up with all pervasive power. The medical evidence conclusively establishes that such injuries are impossible to be self-inflicted. The respondent’s theory of suicide attempt crumbles under scrutiny when examined against the timeline and the medical evidence.” (Para 19)

Delivering the judgment, a bench of Justices Vikram Nath and Sandeep Mehta described the case as one involving “unprecedented gravity”, with complete mutilation of genitalia, pepper powder and electric shocks on private parts, and injuries consistent with custodial torture techniques such as falanga, the presence of multiple vegetative particles in the rectum, and anal insertion. The Court found the state’s claim of attempted suicide “medically impossible”, rejecting it as a fabricated counter-narrative aimed at shielding perpetrators.

More significantly, the respondent’s suicide theory is demolished when assessed in light of the medical evidence, which decisively rules out the theory of the harm being self-inflicted. The complete surgical removal of both testicles, the extensive injuries to the appellant’s palms and soles, consistent with custodial torture techniques such as falanga, the presence of multiple vegetative particles in the rectum, and bruising on the buttocks extending to the thighs all points to a pattern of sustained and systematic torture. These injuries are medically impossible to be self-inflicted, particularly in the absence of fatal haemorrhage or loss of consciousness, as would have occurred had the mutilation been self-administered. The respondent’s reliance on superficial cuts to the forearm as indicative of a suicide attempt pales in comparison to the magnitude and nature of the injuries sustained.” (Para 20)

The Case: A signal, a summons, a six-day ordeal

The appellant, Khursheed Ahmad Chohan, a police constable posted in Baramulla, received a signal on February 17, 2023 from the Deputy Superintendent of Police, Kupwara, instructing him to report to the SSP Kupwara for an enquiry into a narcotics matter. On February 20, he complied and reported to the Joint Interrogation Centre. What followed, according to the Supreme Court, was six days of illegal detention and “barbaric, medically irrefutable torture.”

What followed, the Court held, was “systematic, brutal, and medically irrefutable torture.” According to medical records from SKIMS, Srinagar, where Chohan was eventually shifted in critical condition:

  • Genital mutilation: His testicles were amputated and brought in a plastic bag by a Sub-Inspector to the Sher-i-Kashmir Institute of Medical Sciences (SKIMS), where he was admitted in a critical condition on February 26.
  • Other injuries: A 10 X 5 centimetres scrotal laceration, bruises on the buttocks, fractures, tenderness in palms and soles, and vegetative particles in his rectum were documented.
  • Surgery: The SKIMS discharge summary confirmed surgical procedures for reconstruction and repair of the urethra and scrotal wounds.

FIR Against Victim, Not Perpetrators: A legal travesty

On the same day Chohan was admitted to hospital, the police lodged FIR No. 32/2023 under Section 309 IPC, accusing him of “attempting suicide by cutting his vein with a razor blade under a blanket” at the JIC barracks.

The Supreme Court categorically rejected this FIR as a “calculated fabrication”, noting that:

  • The FIR contradicted medical records, which established injuries that were far more severe and inaccessible for self-infliction.
  • The forensic and CCTV evidence, used by the state to allege suicide, was dismissed as inadequate to override the weight of medical evidence showing extreme torture.
  • The FIR was a “pre-emptive defence mechanism”, constituting abuse of process, falling squarely within grounds for quashing as laid down in State of Haryana v. Bhajan Lal.

“In the present case, the authorities, instead of registering the complaint of the appellant regarding custodial torture, filed a counter FIR against him under Section 309 of the IPC. Perusal of the contents of FIR (supra) reflect that the allegations made therein are vague and manifestly contradictory to the established medical evidence. The FIR states that the appellant tried to cut his vein with a blade, however, the medical records, above discussed, reveal that the injuries are much graver and more extensive than what is depicted in this manifestly fabricated narrative. The stark disparity between the trivial description of ‘cutting his vein’ in the FIR and the barbaric reality of complete castration and systematic torture exposes the mala fide intent behind registering this counter FIR.” (Para 31)

Judicial Rebuke to the High Court and police machinery

The Court was equally scathing of the J&K High Court’s failure to grant relief when Chohan’s wife, Rubina Aktar, moved a writ petition seeking registration of FIR and CBI investigation, and a miscellaneous petition to quash the suicide FIR.

The High Court had:

  • Directed a preliminary enquiry to be conducted by the same SSP who summoned Chohan and whose subordinates were the accused—an act the Supreme Court termed a “flagrant violation of natural justice”.
  • Refused to quash the suicide FIR or refer the matter to CBI, holding that the investigation was in its infancy—a finding reversed by the apex court.

The Supreme Court held that Lalita Kumari v. State of UP (2014) mandates immediate registration of FIR where allegations disclose cognizable offences, and that no preliminary enquiry is permitted in custodial violence cases. The Court found that the High Court erred in law and failed to protect the victim’s fundamental rights under Articles 14 and 21.

“The High Court committed a grave error in law by failing to exercise the writ jurisdiction and in refusing to apply the mandatory principles laid down by the Constitution Bench in Lalita Kumari (supra). Instead of ordering immediate registration of FIR, the High Court directed the very same Senior Superintendent of Police, Kupwara who had issued the Signal dated 17th February, 2023 summoning the appellant and under whose jurisdiction the alleged torture occurred, to conduct an inquiry into his own subordinates’ actions. This direction constitutes a flagrant violation of the fundamental principles of natural justice encapsulated in the Latin maxim “nemo judex in causa sua” (no one should be a judge in his own cause). The High Court’s approach, by treating this as a case requiring a preliminary inquiry rather than immediate registration of FIR, demonstrates a complete misunderstanding of the settled legal position and has resulted in the denial of justice to the appellant who is the victim of custodial torture.” (Part 14)

Institutional complicity and systemic failure at JIC Kupwara

Taking a constitutional view of state accountability, the Court directed that the CBI shall not only investigate the individual acts of torture but also examine “systemic issues” at the Joint Interrogation Centre, Kupwara.

Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery, the institutional bias demonstrated in the handling of the complaint, and the complete failure of local authorities to conduct a fair investigation and the unrelenting stand taken by the respondent State, we are constrained to direct transfer of investigation to the CBI.” (Para 27)

The majesty of law demands nothing less than complete independence and impartiality in investigating crimes that shock the conscience of society and violate the most fundamental principles of human dignity enshrined in Article 21 of the Constitution of India. Hence, the transfer of investigation to the CBI becomes not merely advisable but constitutionally imperative to ensure justice and uphold the rule of law.” (Para 27)

The CBI has been directed to:

  • Register a Regular Case (RC) based on the March 1, 2023 complaint filed by the victim’s wife and the medical evidence on record. The RC is to be registered within 7 days of this order.
  • Take over all existing documents, medical records, CCTV footage, forensic evidence, and case diary.
  • The CBI is to also conduct a comprehensive inquiry into the systemic issues at the Joint Interrogation Centre, Kupwara, including examination of all CCTV systems, interrogation from all personnel present during the relevant period, forensic examination of the premises, and review of all protocols and procedures followed for detention and interrogation of suspects.
  • FIR No. 32 of 2023, registered against the appellant under Section 309 of the IPC at Police Station Kupwara, to be quashed for being prima facie fabricated.
  • Submit a status report to the Supreme Court by November 10, 2025.

Compensation as Constitutional Remedy: ₹50 lakh awarded

The Court awarded ₹50,00,000/- (Rupees Fifty Lakhs) as compensation to the appellant, holding it to be a necessary constitutional remedy in light of the established violation of Article 21.

A sequel to the above discussion and in order to provide some solace to the victim and his family for the barbaric acts of custodial torture leading to complete castration, we hereby direct the Union Territory of Jammu & Kashmir to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakhs) to the appellant (victim). The said amount shall be recoverable from the officer(s) concerned against whom a departmental proceeding shall be initiated upon conclusion of the investigation by the CBI.” (Para 38 (V))

Citing D.K. Basu v. State of West Bengal and Nilabati Behera v. State of Orissa, the Court reiterated that:

Before we conclude, we deem it necessary to address the question of compensation to the appellant, who is a victim of brutal and inhuman custodial torture. It is now well-settled in Indian constitutional jurisprudence that where fundamental rights, particularly the right to life and personal liberty under Article 21 of the Constitution of India are violated by State machinery, appropriate monetary compensation may be an effective remedy. In D.K. Basu (supra), this Court held that pecuniary compensation is an appropriate and effective remedy for the infringement of fundamental rights caused by State officials and that the defence of sovereign immunity is inapplicable. The Court noted that such compensation must focus on the compensatory element and serve as a balm to the victim, without prejudice to other remedies in civil or criminal law.” (Para 34)

The amount is recoverable from the officers found guilty, following completion of the CBI investigation and departmental proceedings. Notable, the compensation is without prejudice to Chohan’s right to pursue additional remedies.

Closing Words: Upholding the rule of law amid torture and power

In conclusion, the Court invoked its extraordinary jurisdiction under Articles 136 and 142, describing the case as a “gross abuse of state power” requiring independent, credible, and constitutionally driven accountability.

Only investigation by an independent agency, i.e., CBI can restore public faith in the criminal justice system, ensure that this dehumanising crime does not go unpunished, and guarantee that the truth emerges without any institutional bias or cover-up attempts.(Para 27)

The judgment sets a new precedent not just in affirming constitutional remedies for custodial violence, but also in highlighting the institutional duty of courts to intervene decisively where the state uses its apparatus to silence and punish those it has already harmed.

The complete judgment may be read below.

 

Related:

She Set Herself on Fire to Be Heard: Odisha student’s death is a wake-up call

Custodial Horror in Sivagangai: Ajith Kumar’s death raises chilling parallels with Sathankulam

Custody, Camaraderie, and Cover-Up: Supreme Court transfers custodial death probe to CBI, slams MP police for “shielding their own”

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Delhi Police on Trial: Three court orders reveal collusion, cover-ups, and custodial torture by police officers during 2020 Delhi riots https://sabrangindia.in/delhi-police-on-trial-three-court-orders-reveal-collusion-cover-ups-and-custodial-torture-by-police-officers-during-2020-delhi-riots/ Thu, 06 Feb 2025 12:45:32 +0000 https://sabrangindia.in/?p=40015 Court rulings reveal selective investigation shielding BJP’s Kapil Mishra, wrongful prosecution of six men based on flimsy evidence, and custodial violence against Muslim detainees—forcing an FIR against a former SHO

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The 2020 Delhi riots were not just a failure of policing but a stark revelation of institutional bias and complicity. The Delhi Police, tasked with maintaining law and order, instead became active participants—turning a blind eye to key instigators, fabricating cases against the vulnerable, and, in some instances, directly engaging in brutality. Three recent court orders lay bare the extent of this misconduct. One case highlights how BJP leader Kapil Mishra, whose incendiary speech is widely believed to have triggered the violence, was shielded from any real investigation. Despite a complaint alleging that Mishra led an armed mob and fired gunshots at protestors, the police’s Action Taken Report (ATR) remained silent on his role, prompting the court to question whether the investigating officer deliberately covered up allegations against him. Another case exposes the police’s flawed approach to prosecutions—where six men accused of rioting were acquitted after the court found that key police witnesses had been examined only months later, their testimonies riddled with inconsistencies. Instead of conducting a fair and timely probe, the police seemed intent on scapegoating individuals while avoiding scrutiny of their own failures.

Perhaps most disturbing is the court’s order directing the registration of an FIR against the former SHO of Jyoti Nagar police station for his alleged role in the custodial torture of riot victims. A widely circulated video had already shown police officers beating Muslim men and forcing them to chant nationalistic and religious slogans, yet no action was taken until judicial intervention. The complainant, Mohd. Wasim, recounted being brutally assaulted, thrown onto a pile of injured men, and later coerced into signing false statements. The court’s findings make it clear that the police did not just fail to protect riot victims; they actively targeted them. These three rulings, taken together, expose a grim reality—law enforcement in Delhi was not just ineffective during the riots, but in many cases, became complicit in deepening the communal divide. While the courts have intervened, these judgments also serve as a reminder of how easily institutions can be weaponised when accountability is absent.

  1. The shielding of BJP MLA Kapil Mishra: Delhi Police’s selective investigation

One of the most critical observations made by the court came in the case involving BJP leader Kapil Mishra, whose incendiary speech on February 23, 2020, is widely believed to have instigated violence in North-East Delhi. The complainant, Mohd. Wasim, alleged that he saw Mishra leading an unlawful assembly and firing gunshots at protestors. However, despite these serious allegations, the police’s Action Taken Report (ATR) was completely silent on Mishra’s role. Through his order issued on January 18, 2025, Judicial Magistrate Udbhav Kumar Jain of the Karkardooma Court pointed out that the investigating officer (IO) had either deliberately avoided probing Mishra’s involvement or actively sought to cover it up. This observation reinforces the perception that Delhi Police has, at times, acted as a shield for politically connected individuals rather than as an impartial law enforcement body.

In the order, the Magistrate observed, “it seems that the IO was more concerned about the police officials and either he failed to make inquiry against the alleged accused no.3 (Kapil Mishra), or he tried to cover up the allegations against the said accused. The ATR is completely silent qua him (Mishra).”

“The principle behind Section 153A IPC is to preserve religious/communal harmony and it is the duty of every citizen that while he enjoys his right to express himself, he preserves religious harmony. This indeed is the positive aspect of Secularism,” the judge said in its order.

The court further stressed that public figures like Mishra bear a higher responsibility to act within the constitutional framework and not make statements that disrupt communal harmony. This order underscores how the police failed in their duty to investigate a politician accused of inciting violence while aggressively pursuing cases against others.

The alleged accused no.3 (Kapil Mishra) is in public eyes and is prone to more scrutiny; such persons in the society direct the course/mood of the public at large and thus, responsible behaviour within the ambit of the Constitution of India is expected from such persons,” the Court said.

The order may be read here.

  1. Dubious prosecutions: Acquittal of Six Accused Due to Flimsy Evidence

In another case, on February 3, 2025, the Additional Sessions Judge Pulastya Pramachala acquitted six individuals accused of being part of a riotous mob that engaged in arson and destruction in Gokalpuri. The court found serious lapses in the prosecution’s case, particularly the unreliable testimonies of two police witnesses, Assistant Sub-Inspectors Vanvir and Jahangir. The officers claimed to have identified the accused in videos but were only examined in December 2020—almost ten months after the riots. The court noted that if the officers had already known the accused, as they claimed, there was no need for them to identify them in videos later. Additionally, one of them failed to even recognise three accused individuals in court.

If they knew the names of the accused persons and if they had seen these persons in the mob of rioters, then there was no need and occasion for them to identify the accused persons in any video,” it said.

This case illustrates how the Delhi Police sought to frame individuals using questionable evidence while failing to investigate more pressing allegations against political figures and police personnel. The delay in examining key witnesses and the lack of credible identification further point to the possibility of wrongful arrests and politically motivated prosecutions.

“This delay in examining these two police officials, who were posted in the same police station, certainly casts doubt over the veracity of the prosecution’s case. The investigating officer did not tender any reason for such delay in recording the statement of these witnesses,” the Court said, as per a report in Bar&Bench.

  1. Police complicity in custodial violence: FIR ordered against former SHO

Perhaps the most egregious case of police misconduct came in the case involving the custodial torture of riot victims, including Faizan, a young Muslim man who later died from his injuries. A widely circulated video from the riots showed Delhi Police personnel beating injured Muslim men and forcing them to sing the national anthem and chant slogans like “Jai Shri Ram” and “Vande Mataram.” The brutality captured in the footage was emblematic of the communal bias and impunity with which certain officers acted during the riots.

The complainant, Mohd. Wasim, provided a chilling account of how he was beaten, thrown onto a pile of other injured victims, and later taken to Jyoti Nagar police station, where the then-SHO and other officers continued to torture them. He was allegedly forced to sign false statements and give misleading accounts to the media under police pressure. Despite such grave allegations, the Delhi Police refused to act until a court intervened. In its order, Magistrate Udbhav Kumar Jain ordered the registration of an FIR against the former SHO under serious charges, including wrongful confinement, criminal intimidation, and deliberate religious insult.

Clearly, the SHO PS Jyoti Nagar, Mr. Tomar (complete name with post not provided) and other unknown police officials engaged themselves in hate crimes against the complainant/victim and they cannot be protected under the garb of sanction as alleged offences committed by them cannot be said to have been committed while acting or purporting to act in the discharge if their official duty,” the Court added, as per Bar&Bench.

Current SHO is directed to depute a responsible officer not below the rank of Inspector to conduct investigation in the present matter and role of other unknown police officials involved in the commission of alleged offences,” added the court.

The court categorically rejected the police’s argument that the accused officers were merely performing their official duties, stating that hate crimes committed by those in uniform cannot be excused under the guise of law enforcement.

“FIR be registered under sections 295-A/323/342/506 IPC against the SHO PS Jyoti Nagar (Mr. Tomar) who was holding the said post in February-March 2020,” the order stated.

This judgment reaffirms the necessity of accountability for custodial violence, particularly in cases where state institutions themselves become perpetrators of communal violence.

The larger picture: A systemic failure

Taken together, these three orders expose a systemic failure in policing during the 2020 Delhi riots. The courts have repeatedly highlighted:

  • Selective investigation: While cases against political figures like Kapil Mishra were ignored, others were prosecuted with flimsy or fabricated evidence.
  • Complicity in violence: Police personnel not only failed to control the riots but, in some instances, actively participated in violence and custodial torture.
  • Bias in legal proceedings: Individuals from marginalised communities were falsely implicated, while officers and politicians aligned with the ruling party enjoyed impunity.

The Delhi Police’s actions—or lack thereof—during and after the riots raise serious concerns about institutional bias and political interference in law enforcement. These court observations serve as a crucial indictment of a law enforcement agency that has repeatedly been accused of favouring one side in communal conflicts. While the judicial interventions are significant, they also expose the limitations of legal remedies in the absence of genuine political will for police accountability and reform.

 

Related:

Brinda Karat on the Third Anniversary of Delhi Riots- “Cannot Abandon Struggle for Justice”

Did Nand Kishore Gurjar admit to role in North East Delhi riots?

Hate speeches amplified by television, incited targeted violence against Muslims: CCR Report, Feb ‘20 Delhi riots

 

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Free Speech: Petition by The Caravan against removal of its article on custodial torture in J&K points to violations of principles of natural justice, fundamental rights https://sabrangindia.in/free-speech-petition-by-the-caravan-against-removal-of-its-article-on-custodial-torture-in-jk-points-to-violations-of-principles-of-natural-justice-fundamental-rights/ Sat, 16 Mar 2024 11:56:31 +0000 https://sabrangindia.in/?p=33876 On March 13, the Delhi Press Patra Prakashan moved a writ petition in the Delhi High Court to seek quashing of take down orders issued by the Union government under Section 69A of the IT Act

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On March 13, the Delhi Press Patra Prakashan moved a writ petition in the Delhi High Court under Article 226 of the Indian Constitution. Through this, the publishing house that has been publishing The Caravan for decades, have sought the quashing of the take down orders issued by the Union government (I &  B). The censorship move was in connection with an article and video published by The Caravan on allegations of torture and murder against the Indian Army in Jammu and Kashmir’s Poonch district. 

The impugned order was issued by the Ministry of Information & Broadcasting on February 12, 2024. Through the order, the ministry had ordered the removal of the article titled ‘Screams from the Army Post’ from The Caravan’s website, along with certain URLs of social media posts posted from its social media handles disseminating the article. As per the petition, the reason provided by the ministry is that the articles have the potential to lead to communal disharmony and uprising against the security forces in Jammu and Kashmir, they are “detrimental to sovereignty and integrity of India, security of the State, and public order in the country.” Deeming the order to be in violation of the fundamental right to free speech and expression and the freedom of the press under Article 19(1)(a) of the Constitution of India and the right to equality under Article 14, the petitioner has approached the High Court to quash the same. 

What did the article publish:

On February 1, 2024, The Caravan magazine published an article titled ‘Screams from the Army Post’. The article, written by journalist Jatinder Kaur Tur, covers the incidents of allegations of abduction, torture and custodial killings of civilians at the hands of the officials of the 48 Rashtriya Rifles counter-insurgency force of the Indian Army on December 22, 2023 in Poonch and Rajouri districts of Jammu and Kashmir. The article centred around the killing of three civilians, allegedly by unidentified soldiers, on December 22, 2023 which was widely reported in the media. The deceased were Safeer Hussain (aged 48), Mohammad Showkat (aged 28) and Shabbir Ahmad (aged 25). A day after the killings, locals from the Poonch district had provided that the men were killed in army custody. 

Later, videos of them being tortured by uniformed armed personnel had gone viral. In the video, the victims could be seen pleading and begging the armed personnel as they continued to beat them and apply chilli powder on their private parts. With the news going viral and resulting in an uproar by the citizenry, the Army had initiated a high-level internal probe into videos within two days. Meanwhile, the government had also suspended internet in Kashmir amid intensifying protests. Additionally, the government had swiftly announced compensation and jobs to the kin of these civilian.

It is essential to note that the report by The Caravan also emphasised that while three men had been killed, a much larger number of approximately 25 had been reportedly picked up by the Army and “severely tortured”. The report also named a brigadier, who allegedly had given the orders for what happened. 

Based on extensive reporting, no reply to the questionnaires sent to the Army:

According to the petition, the extensive report was based on “interviews with the survivors of the torture, relatives of the deceased, other eyewitnesses of the incident, local residents of the area, political leaders, civil servants, officers of the Intelligence Bureau, and senior officers of the Indian Army and an examination of medical reports of the victims, publicly reported and available facts, and videos of the torture recorded and shared widely on social media.”

The petition also highlights the fact that, prior to the publication of the article, The Caravan had sent detailed questionnaires to the Army, Ministry of Defence, Director General of Police, Senior Superintendent of Police, and the District Deputy Commissioner, regarding the incident and allegations of torture, seeking their responses to the same. To the said questionnaire, no responses or denials were received, the petition pointedly provided. Thus, basic fair practices were followed by the publication giving full opportunity to the Army to respond.

A video story related to the article was also posted by The Caravan on YouTube. After its publication, social media posts promoting the article and video story were posted on social media websites such as ‘X’ (formerly Twitter) and Instagram.

Order of the Union government:

On February 9, The Caravan received a notice from the Ministry of Information & Broadcasting under the controversial IT Rules intimating the publication that, since,  a complaint had been received by the Ministry regarding the abovementioned article and social media posts as they were “detrimental to sovereignty & integrity of India, security of the State, and have the potential to lead to communal tensions leading to disturbance of public order in the U.T. of Jammu and Kashmir”.

Through the notice, a representative from The Caravan was asked to be present for an online meeting with Inter Departmental Committee that had taken place on February 12 at 12:00 pm. It had been highlighted by the petitioner that one of the URLs (links) complained of in the order was a post on put up on X that was not even connected with the custodial torture. Rather, the said post was connected to an earlier article published by The Caravan in its August 2023 issue on the ethnic cleansing in the state of Manipur since May 2023.

The petition, accessed by Sabrangindia narrates that, a response had also been sent by the Editorial Manager of The Caravan on February 11 to the notice of the ministry. Through the response, the Editorial Manager had denied the allegations levied against the article and social media posts by asserting the correctness of the article. In addition to this, the Editorial Manager sought access to the complaint made against the custodial torture article on the basis of which the proceedings had been initiated, as well as the procedure that would be followed by the Inter Departmental Committee, so that a proper informed response could be given against the said complaint.

The petition provided the details of the meeting that took place on February 12. As stated in the petition, the principles of natural justice were not followed as even before hearing the representative of The Caravan, the Committee members declared that the URLs (links) in question were required to be pulled down, without detailing any reasons. It was also provided that the representative was neither supplied a copy of the request/complaint. The details of the complainant, the allegations therein, or the details of the specific portion(s) of the Article was deemed to be detrimental to the sovereignty & integrity of India, security of the State, and had the potential to disturb public order were not provided to the representative as well. 

According to the petition, the main grievance raised by the Committee was that the article lacked an official response from the Indian Army on the incident. Upon this, the representative had informed the Committee that the Army had not offered a response to the author despite being requested for interviews and being supplied with a questionnaire and, thus being given a full opportunity to respond. The representative had also assured the Committee that the online version of the article would be updated if a response was received even after publication. Lastly, the representative had also pointed out that there was no any official denial or rebuttal of any of the contents of the article by any government agency. Notably, the said meeting had only lasted for 30-35 minutes.

On the same day, within a few hours post the meeting, The Caravan received the impugned order under Section 69A of the Information Technology Act, 2000 read with Rule 15(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code). Rules, 2021. 

Section 69A confers on the Central and State governments the power to issue directions “to intercept, monitor or decrypt any information generated, transmitted, received or stored in any computer resource”. The grounds on which these powers may be exercised are as follows:

  • In the interest of the sovereignty or integrity of India, defence of India, the security of the state.
  • Friendly relations with foreign states.
  • Public order, or for preventing incitement to the commission of any cognizable offence relating to these.
  • For investigating any offence.

As per Rule 15 (2), the Authorised Officer shall direct the publisher, any agency of the Government or any intermediary, on approval of the decision by the Secretary, Ministry of Information and Broadcasting, to delete or modify or block the relevant content and information generated, transmitted, received, stored or hosted in their computer resource for public access within the time limit specified in the direction.

Thus, through the impugned order, the petitioners were directed to remove the article and the provided social media posts within 24 hours, failing which the website of The Caravan would be blocked by the union government. The notice further stated that the article and posts have the potential to lead to communal disharmony and uprising against the security forces in Jammu and Kashmir, and were detrimental to sovereignty and integrity of India, security of the State, and public order in the country. 

Violations underlined by the petitioner:

The following violations have been highlighted by the petitioner in the writ petition:

  • As per the petitioner, the impugned order failed to show any incorrectness or error in the article and ordered for the removal based on its incorrect subjective reading.
  • The order completely ignores that the incidents reported in the article are based on extensively gathered facts, oral testimonies, medical evidence, and publicly available information.
  • No weightage was given to the fact that the army or any other government agency had not denied the information provided in the article. 
  • The order is devoid of reasoning showing the any negative impact of the article on communal harmony, sovereignty and integrity of India, security of the State or public order. 
  • In the appendix of the order, specific observations of the Committee qua individual urls had been provided, which were visibly copy-pasted from one to the other, reflecting complete non-application of mind by the Committee.
  • The procedure adopted by the Respondent (Ministry) violates the principles of natural justice as The Caravan was not provided a copy of the complaint, or the allegations made therein. 
  • No proper and effective opportunity to rebut the allegations provided was provided during the hearing which lasted 30-35 minutes. As the relevant materials relied upon were not provided, the hearing was rendered a meaningless empty formality.

Based on the aforementioned, the petitioner alleged the following:

Violation of fundamental rights: As per the petitioners, that the impugned order has gravely violated their fundamental rights of free speech and expression, by imposing an unreasonable, excessive, and arbitrary restriction of the freedom of the press. In addition to this, the procedure adopted by the Respondent has also violated the fundamental right to equality by violating the principles of natural justice.

Section 69A not established or attracted: The petitioner has argued that, the twin requirements of necessity and expediency under Section 69A have not been established and no pressing state interest requiring their removal has been demonstrated. The petitioner has also claimed that since they were directed to remove the requested article and posts or otherwise face the consequences, they had no option but to comply with the impugned order under objection. 

The arbitrarily removed social media posts also included the Twitter post related to the Manipur article, which had no connection to the article in question in this case.

Related:

Centre opposes Twitter’s plea to set aside blocking orders under Section 69A of the IT Act

‘X’ distances itself from the clampdown on freedom of expression by blocking accounts on the executive orders of the Union government

Caravan to challenge Min of I&B order censoring story/video alleging torture of 25 civilians, 3 deaths by Army

EXCLUSIVE: Three independent Tamil channels win battle against censorship by MeitY-YouTube after 6 months of a gritty battle

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Where thou prisoner rights? Five out of six accused in parliament breach case allege torture, electric shocks https://sabrangindia.in/where-thou-prisoner-rights-five-out-of-six-accused-in-parliament-breach-case-allege-torture-electric-shocks/ Wed, 31 Jan 2024 12:54:25 +0000 https://sabrangindia.in/?p=32761 An application has been moved by the five in a Delhi Court, the five have submitted that they were tortured to confess to crimes, accept association with political parties, made to sign 70 blank papers

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Fears of India turning into a police state might have become our new reality, with five of the six people arrested in the Parliament security breach case alleging extreme custodial torture. On January 31, an application had been moved by the said accused to the Patiala House Court in Delhi. As they were presented before Additional Sessions Judge Hardeep Kaur, accused Manoranjan D, Sagar Sharma, Lalit Jha, Amol Shinde and Mahesh Kumawat stated that they were tortured by Delhi Police to accept their association with opposition parties.

As per the submission made by the five before the court, they were given electric shocks to confess their crime, accept association with political parties and were forced to sign about 70-odd blank papers by the police.

As per the report in the Indian Express, the accused told the court that “Accused persons were tortured/given electric shocks to sign and confess (to) the commission of crime under the UAPA and their association with national political parties.”

As reported in the Hindu, the accused were pressurised to name a political party by the person conducting narco/polygraph test.

Judge Kaur has extended the judicial custody of all the six accused till March 1, 2024. Notably, the court has also sought a reply from the Delhi Police Special Cell in the said application and fixed February 17 for hearing the application.

It is crucial to point here that during a prior hearing, the sixth accused namely Neelam Azad, had told the court that a woman officer had forcibly obtained her signature on 52 blank pages. Azad had refused to undergo the polygraph test.

 

Related:

Historic 600 year old Delhi mosque demolished without notice

Four years behind bars, Sharjeel Imam still waits for a fair trial

Rajasthan: State Education Minister warns of bulldozer action against teachers

Mira Road: Muslim youth allegedly beaten in custody, denied food as Nitesh Rane tells supporters, “The Government is with you.”

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Mira Road: Muslim youth allegedly beaten in custody, denied food as Nitesh Rane tells supporters, “The Government is with you.” https://sabrangindia.in/mira-road-muslim-youth-allegedly-beaten-in-custody-denied-food-as-nitesh-rane-tells-supporters-the-government-is-with-you/ Mon, 29 Jan 2024 11:32:25 +0000 https://sabrangindia.in/?p=32708 Last week Mumbai’s Mira Road saw widespread violence as a mob of Hindutva supporters had rallied in the area and subjected the residents and their properties to violence. Rane, implicated earlier for making incendiary statements allegedly, once again is in the news for a controversial speech

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Reports surfaced earlier last week revealing BJP MLAs Nitesh Rane and Geeta Jain were making statements and trying to gather support for a Hindutva rally in the tense neighbourhood of Mira Road which has been under heavy security. However, despite increased security measures in place, both leaders attempted to enter the area. Geeta Jain went a step further by issuing an ultimatum to authorities, demanding permission for the rally to pass through the region.  

In light of these events, on Mid-Day reported on January 29th that the Panvel police have taken out precautionary steps to address concerns about a potential visit by Nitesh Rane to Kachhi Mohalla, in light of his recent speeches. Three people had been injured out of communally charged incidents last week at the area. An officer has stated, according to a report by Mid-Day, “There are discussions that Rane might visit Panvel. So, we have contacted MBVV police and learned how to prevent the large convoy from disappearing in lanes and rampaging in Panvel, where the situation is under control. We will take all measures to uphold peace and will not allow any politicians to disturb communal harmony for political benefit.” 

This is not without precedent. In a recent incident, Rane had visited Mira Road accompanied by a sizable crowd. Mid-Day’s report states that there were goons in this crowd that emerged to harass the people. Last week, Rane had posted a seemingly incendiary post on X, where part of his post had stated, “Chun chun ke marenge !!! Jai Shri Ram.”  

He has also recently given a speech which has spread across the internet. He can be reportedly seen saying that the government is ‘with’ them as long as ‘boss’ is in the ‘bunglow.’

“Do anything you want (trouble Muslims) and if police come your way, just call me for help, I’ll assure your safety. Police won’t do anything to me because our boss is sitting at ‘Sagar’ bunglow.  If any officers come your way don’t forget to give him or her a tight slap. You don’t need to worry about anything, we’re with you. The government is with you.”

Sabrang India spoke to citizen on ground, Sadique Basha, who has stated that the situation on ground is normal now. Basha was also one of the organisers of a peace petition last week which reached over 2000 signatories. He has also shared that on January 29th there is going to a public session of reading the Preamble as a means of bringing back normalcy and harmony in the area. 

In other news, news of 19 people, including 4 minors, have been arrested by the authorities on charges related to rioting and the sharing of provocative content across social media platforms had arrived last week. These people were produced in Thane Court. A report by Siasat News stated that no Hindus have been arrested, leading to the conclusion that all those prosecuted remain to be Muslims. The Indian Express had earlier reported that the Mumbai police had accepted the complaint of the Muslim residents of Mira Road after great negotiation, however, no arrests so far have been made on the basis of that complaint. Furthermore, reports have emerged online that the arrested Muslim youth were allegedly beaten in custody and even denied food and treated cruelly. 

Sabrang India tried reaching out to authorities, however, they could not be reached despite several calls.  

 

Related:

Around the inauguration of Ram Temple, communal tension erupted in Uttar Pradesh

Mira Road remains tense after violence outbreak

Bombay HC refuses to prohibit Maratha reservation activist Manoj Jarange Patil’s protest in Mumbai on republic day

Payment denied for hiring a Muslim server: Tide of hatred against India’s Muslims continues

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UP: Muslim student, 19 left critically injured, police officers under investigation for alleged custodial torture https://sabrangindia.in/muslim-student-19-left-critically-injured-police-officers-under-investigation-alleged/ Sat, 13 May 2023 08:19:24 +0000 https://sabrangindia.com/article/auto-draft/ Reportedly, the Muslim boy was beaten up for not showing his driving license

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As per a tweet posted by Journalist Ahmed Khabeer on Twitter, a 19-year-old Muslim boy has been hospitalised after suffering from severe injuries from custodial torture. Mohammad Danish, a polytechnic student from the Delhupur area of Pratapgarh district in Uttar Pradesh, is in critical condition after reportedly being beaten by police while he was in police custody.

The tweet can be accessed here:

According to Danish’s family members, on May 10, cops had stopped him on Ayodhya-Prayagraj Highway for not showing his driving license while he was returning home from Chhitpalgarh market on his motorcycle. It was alleged that merely for not having his driving license on him, the police abused and beat him, and even gone to the extent of giving him electric shocks, before taking him to the police station.

A formal complaint has been filed by Danish’s brother against the two unknown police officers and Inspector Ram Anuj Yadav under sections 323 (punishment for causing hurt), 504 (intentional insult with the intent to provoke breach of peace), and 308 (attempt to commit culpable homicide) of the Indian Penal Code at the Delhupur police station, according to the information provided by Maktoob media, based on the FIR copy accessed.

Danish is currently undergoing treatment at a hospital in Prayagraj. To the said tweet by Ahmed Khabeer, the Pratapgarh Police had replied and said that an investigation into the incident has been launched by the police. The departmental procedure is underway for further action, said police. A case has been registered against the accused policemen at the Delhi police station for legal action, it said in a tweet.

The tweet can be accessed here:

Related:

Videos of hundreds of women donning an orange dupatta and marching with sticks, swords in a military-style parade surface

Hate Watch Agra: “Upper caste” Hindus assault Dalit groom for riding a mare

Allahabad HC calls out misuse of law in cow slaughter case as only cow dung recovered from scene

Cow vigilantism casts its ugly shadow on Maharashtra

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Custodial torture victims are threatened, says People’s Watch: Tamil Nadu https://sabrangindia.in/custodial-torture-victims-are-threatened-says-peoples-watch-tamil-nadu/ Thu, 13 Apr 2023 09:21:58 +0000 http://localhost/sabrangv4/2023/04/13/custodial-torture-victims-are-threatened-says-peoples-watch-tamil-nadu/ In the latest conundrum over custodial torture in the southern state of Tamil Nadu, People’s Watch, a human rights organisation based in the state has petitioned Ms. P. Amutha IAS, Principal Secretary of Rural Development & Panchayat Raj Department, the High Level Inquiry Officer who has been appointed by the state government to inquire into […]

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custodial torture

In the latest conundrum over custodial torture in the southern state of Tamil Nadu, People’s Watch, a human rights organisation based in the state has petitioned Ms. P. Amutha IAS, Principal Secretary of Rural Development & Panchayat Raj Department, the High Level Inquiry Officer who has been appointed by the state government to inquire into allegations of incidents of torture in Ambasamudram Police Sub Division, Tirunelveli district on March 12. This happened after some of the victim survivors of the torture, as reported by The Hindu, denyied that Ambasamudram Assistant Superintendent of Police Balveer Singh had subjected them to inhuman treatment. It was then that the People’s Watch Executive Director Henri Tiphagne said the statement from the victim was expected as the victims were being threatened by the local police officers. The cases of torture have reportedly arisen due to the actions of the Assistant Superintendent of Police [ASP] Mr. Balveer Singh IPS assisted by his gunman and other police officers and policemen/women of Ambasamudram, V.K Puram and Kallidaikurichi Police Stations– all within Ambasamudram Police Sub Division in Tamil Nadu.

People’s Watch had earlier condemned the inhuman treatment meted out to a group of persons accused in an attempt to murder case by a team of police officers, led by Balveer Singh, who is under suspension now.  “Why did the Tirunelveli Superintendent of Police not take control of the CCTV footage at the police station; it will speak more than anything else. Why the District Collector, in his capacity as the District Police Complaint Authority, did not initiate any action?” he asked.

Tiphagne also questioned why no suo motu action was initiated by the District Judge, the District Prosecutor and the SP and why protection was not given to the victims under the Witness Protection Scheme. The victims and the witnesses should have been given adequate protection, he said.

The custodial torture incident was a fit matter, like the earlier, Sattankulam incident, for the High Court to initiate suo motu proceedings rather than leave it to an official of the government. The Cheranmahadevi Judicial Magistrate, like the then Sattankulam Judicial Magistrate, had failed to notice the grievous injuries resulting out of torture while remanding the accused. The Judicial Magistrates could not mechanically remand the accused, he said. Ironically it was pointed out by People’s Watch that, as part of the bail conditions imposed on the accused, they had to appear and sign before the very same police personnel who tortured them. They were being threatened and tutored by the local police officer to go back on their statements, he added.

The detailed, 12-13 page memorandum by People’s Watch states that there has been a failure of the District Magistrate and District Collector, Tirunelveli to follow the Tamil Nadu Police (Reforms) Act 2013i which under Chapter IV titled “Police Accountability” provides for the constitution and functions of the District Police Complaints Authority under section 14 and 15 and details the procedures to be followed by the District Police Complaints Authority in the disposal of complaints under Section 16.

Quoting from judicial precedents in the Supreme Court, and the directions issued in Paramvir Singh Saini Vs Baljit Singh & Others dated December 2, 2020, the memorandum states that:

  • Every police station should have CCTV cameras installed at all entry and exit points;main gate of the police station; all lock-ups;

    • all corridors;

    • lobby / the reception area; all verandas/outhouses,

    • Inspector’s room;

    • Sub Inspector’s room;

    • areas outside the lockup room; station hall;

    • in front of the police station compound; outside (not inside) washrooms/toilets; Duty Officer’s room;

    • back part of the police station etc.

  • The CCTV cameras should be equipped with night vision and consist of audio as well as video footages and internet systems to be been stored shall be preserved for 18 months.

  • Every police station to prominently display larger posters in English and Tamil languages, at the entrance and inside areas of the police stations/offices of investigative/enforcement agencies about the coverage of the concerned premises by CCTV as well as the right of a person to complain about Human Rights violations to the NHRC, Human Rights Court or to the Commissioner/ Superintendent of Police of the concerned District and also about the preservation of the CCTV footage for a period which shall not be less than six months and the victim has a right to have the CCTV footages secured in the event of a violation of human rights.

The detailed memorandum by People’s Watch to the High Level Inquiry lists several other legal requirements that need to be considered and implemented. The entire memorandum may be read here:

Meanwhile, in a statement, People’s Union for Civil Liberties (PUCL) has also strongly condemned the custodial torture. Its president S. Sankaralingam and general secretary A. John Vincent said it was pertinent to note that India signed the Convention against Torture in 1997, but still it had not ratified it.

Related:

Custodial deaths highest in Gujarat over 5 years; jails overcrowded

Court Inquiry report confirms Dalit labour activist Shiv Kumar’s allegations of custodial torture

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Hyderabad: Muslim man allegedly subjected to custodial torture on “suspicion of theft” for 5 days, dies in hospital https://sabrangindia.in/hyderabad-muslim-man-allegedly-subjected-custodial-torture-suspicion-theft-5-days-dies/ Sat, 18 Feb 2023 11:21:39 +0000 http://localhost/sabrangv4/2023/02/18/hyderabad-muslim-man-allegedly-subjected-custodial-torture-suspicion-theft-5-days-dies/ “They hung me upside down for 2 hours, hit me on my feet and hands, I can’t move my hands now”, he states in a statement made public by his wife; police deny allegations

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custodial torture
Image Courtesy: Twitter.com

In a shocking incident depicting both police brutality and custodial torture, Mohammed Khadeer Khan, aged 35, died on February 16 while receiving treatment at the Gandhi Hospital in Hyderabad after being allegedly subjected to third-degree custodial torture. The 35-year-old had been detained by the Medak Police on suspicion of theft.

On January 29, Khadeer Khan was apprehended by the Medak Police in Hyderabad from Yakutpura as a suspect in a theft case. He was illegally detained for five days while being subjected to third-degree torture before being placed under house arrest without access to medical care.On February 2, the police had released him and asked him to lie about his detention.

A video has been posted on social media wherein Khadeer Khan is seen lying on a hospital bed. He recalls the brutal torture that he was subjected to, starts by providing that the police had kept accusing him of theft. Even after he had refused of committing any crime, they brought him to Medak police station via a car. He states that for 2 hours, he was hung upside down and beaten by the police. He says that he was beaten by sticks on his feet and hands.

He then says that he has not been able to move his hands and feet since then. He further states that the police let him go, after having subjected him to custodial torture, because they were “doubtful” regarding his involvement. He provided that he had been detained on January 29, and was let go on February 2. On his release, he stated in a declaration, that the police had tried to coerce him into lying that he was detained the same morning of his release.  

In his statement (dying declaration?), Khadeer also said that they wanted him to sign a statement saying that he was detained and released on the same day, and when he refused, someone else did it. He then showed the person who was interviewing him that his hand is not functioning.

He then proceeds to take the names of the police personnel who had illegally detained him, specifying the ones who had tortured him the most. Khadeer then says that even though he kept reiterating that he had not committed this crime, the two police officers kept beating and torturing him repeatedly, without paying any head to what he was saying. He also says that his sister’s name was also ruined in Hyderabad.

The video can be viewed here:

On Thursday, February 16, while availing treatment at the state-run Gandhi Hospital in Hyderabad, Khadeer succumbed to his injuries. His wife, Siddeshwari, provided that the deceased’s body has been preserved in the hospital for the autopsy report, which can establish the reasons for his death. His wife said that Khadeer suffered multiple fractures, dislocation of the spine and renal fracture as a result of the custodial torture.

Despite the allegations made by the deceased’s wife and the graphic details provided by Khadeer about the torture he endured, the police are yet to file a First Information Report about his death, and the autopsy has also been delayed. Activist Ahmed, the Medak unit secretary of the civil rights organization Human Rights Forum (HRF), stated that because the wife is Hindu, the police are investigating the petition for a FIR. According to the News Minute, the autopsy can only be performed after the police file a case, and they are awaiting the approval of the Medak Town police.

Ahmed also stated that the deceased was initially admitted to Medak Government Hospital. However, as his health deteriorated, he was transferred to Hyderabad for better care. “He was initially admitted to a private hospital, but we later transferred him to Gandhi Hospital,” Ahmed explained as he spoke to the News Minute. 

As reported by the News Minute, Siddeshwari had filed a petition to the District Collector on February 9 against the Medak district Superintendent Rohini Priyadarshini, Sub Inspector Rajasekhar, and two constables – Pavan and Prashanth. His wife also claimed that Khadeer was tortured and forced to confess to the crime, and that Khadeer couldn’t walk because of his injuries.

The DSP, has however, denied any foul play in Khadeer’s death. “We had arrested him by following the procedure. He was released after presenting him before the Mandal Revenue Officer. It could be that he died of sickness,” the DSP had told The News Minute. 

Thus, while a young Muslim man is dead, the police is protected with the prevalent climate of impunity available to them. While it is unclear regarding the role that Khadeer’s religion played in the torture that he was subjected to, we cannot rule the possibility of targeted bias, given the current socio-political environment.

In the recent budget session of the Parliament, the Union Government had provided statistics on the number of people that had died in custody in the year 2022. As per the answer provided by the Union minister of state for Home Affairs, Nityanand Rai, across the country, the number of persons who died in police custody rose from 100 in 2020-21 to 175 in 2021-22. He had also provided that financial relief worth Rs 5.80 crore has been granted to victims in 201 cases, while disciplinary action has been taken in one case.

Human rights of the minorities and marginalized communities, and those who stand at the intersection of both, are violated by those in power on a daily basis. It takes years for the kin of the deceased many years to prove that a crime was committed against them, and to attain the (meagre) monetary benefits that are granted to them by the government. In most of these cases, the police officers accused of committing the crime are rather suspended for saving face, or not subjected to any punishment.

For a country that claims to be a welfare state, whose rights are we actually protecting?

Related:

Good governance state reports steady spiral in deaths in police custody in past 3 years: Gujarat

Supreme Court to weigh in on ‘gun control’, seeks info on cases of illegal firearms in UP

Court Inquiry report confirms Dalit labour activist Shiv Kumar’s allegations of custodial torture

Custodial torture of tribal in Karnataka?

8 Mumbai cops charged with murder in AgneloValdaris custodial death case

 

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Custodial torture of tribal in Karnataka? https://sabrangindia.in/custodial-torture-tribal-karnataka/ Fri, 14 Oct 2022 04:02:26 +0000 http://localhost/sabrangv4/2022/10/14/custodial-torture-tribal-karnataka/ A tribal man, detained by forest officials dies, kin allege custodial torture

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Tribal man dies

A tribal man from Karnataka’s Mysuru district who was detained by the forest department on October 10 on the charges of hunting a deer and selling its meat, died Wednesday, October 12, the police has said. The family members of Kariyappa, 49, a resident of Hosahalli hamlet in N Beguru panchayat, suspect that he died of torture while in custody at the Range Forest Office in N Beguru. Forest officials, however, said the man was severely ill and rushed to a hospital two days later

Denying the allegations, forest officials have said the victim was severely ill and rushed to a hospital two days later. “We have detained him on October 10 in connection with the case of hunting of deer and selling its meat. He was not harmed by us. On Wednesday, he complained of uneasiness and was rushed to KR Hospital. He was declared dead in the hospital. There is no question of torture,” said a forest officer on condition of anonymity.

Family members, on the other hand, firmly reiterate that Kariyappa was subjected to custodial torture pointing to the injury marks on the body, reports The Indian Express. Last December, a tribal man suffered serious injuries after the forest department personnel opened fire at him in the Hunsur wildlife range of Nagarahole in Periyapatna, Mysuru.

“The injury marks on his body prove that he was tortured by the forest staff. Even in a case when an animal dies its natural death, the forest department accuses us of hunting and books false cases against us. On several occasions they have tortured us,” a relative said. Superintendent of Police R Chethan said, “I have not received any complaint, but will look into the matter.”

 

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