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.

2. 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.

3. 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.

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The post Delhi Police on Trial: Three court orders reveal collusion, cover-ups, and custodial torture by police officers during 2020 Delhi riots appeared first on SabrangIndia.

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

The post 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 appeared first on SabrangIndia.

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:

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

The post Where thou prisoner rights? Five out of six accused in parliament breach case allege torture, electric shocks appeared first on SabrangIndia.

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.”

पोलीस माझं काहीही वाकडं करु शकणार नाहीत. आपला बॅास बसलाय सागर बंगल्यावर ( गृहमंत्री देवेंद्र फडणवीस यांचं निवासस्थान ) काहीही होत नाही आपल्या लोकांना… नितेश राणेंचं पोलीसांसमोर वादग्रस्त वक्तव्य. #NiteshRane #MaharashtraPolitics pic.twitter.com/AR8SqWZFhc

— Abhijit Karande (@AbhijitKaran25) January 28, 2024

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.  

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

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

The tweet can be accessed here:

A 19-year-old polytechnic student “Danish” was allegedly beaten by cops in Police Custody after an argument when he failed to provide DL during Vehicle Checking in Pratapgarhi, UP. He has been admitted to hospital, currently in critical condition.

https://t.co/brLBNUJniF

— Ahmed Khabeer احمد خبیر (@AhmedKhabeer_) May 11, 2023

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:

प्रकरण को संज्ञान में लेकर उक्त पुलिसकर्मी के विरुद्ध थाना देल्हूपुर में अभियोग पंजीकृत कर विधिक कार्यवाही की जा रही है। विभागीय कार्यवाही हेतु प्रक्रिया प्रचलित है।

— PRATAPGARH POLICE (@pratapgarhpol) May 11, 2023

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The post UP: Muslim student, 19 left critically injured, police officers under investigation for alleged custodial torture appeared first on SabrangIndia.

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 lock–up 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.

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The post Custodial torture victims are threatened, says People’s Watch: Tamil Nadu appeared first on SabrangIndia.

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 January 29th, Mohd Khadeer Khan was apprehended by Medak Police in Hyderabad from Yakutpura as a suspect in a theft case. He was illegally detained for 5 days while being subjected to third-degree torture before being placed under house arrest without access to medical care. pic.twitter.com/hMiQTrLudy

— Meer Faisal (@meerfaisal01) February 17, 2023

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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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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In a recent horrifying incident, 22-year-old Rehan was subjected to custodial violence by UP police. As per reports, the police brutally inserted a wooden stick into his genitals and gave him repeated electric shocks on a mere suspicion of cattle slaughtering. Though an FIR under Sections 338 (causing grievous hurt), 323 (voluntarily causing hurt), 506 (criminal intimidation), 147 (rioting) and under the Prevention of Corruption Act was registered against a sub-inspector, four constables, India witnesses five custodial deaths every day and the methods of violence include but are not limited to hitting private parts, pulling nails, urinating in the mouth, and even rape. Further, the report released by the ‘National Campaign against Torture’ highlights the fact that 60% of the people who died in custody were from an unprivileged and weaker section of society. The disproportionally higher number of custodial deaths from these sections is symptomatic of underlying biases and predispositions among public officers as well as an accidental result of increased occurrences of custodial violence. In my opinion, be it privileged or unprivileged, custodial violence is the worst kind of crime that can happen in a civilized society, and nothing is worse than seeing a person who is supposed to protect you being violent.

Prohibition of custodial violence.

Articles 21 and 22 of the Indian Constitution, Sections 24, 25, and 26 of the Indian Evidence Act, 1872; Sections 330, 331, 348, and 376 (2) of the Indian Penal Code, 1860; Sections 41, 41A, 41B, 41C, 41D, 46, 49, 54, 167 (2), and 176 (1) of the Code of Criminal Procedure, 1973; and Section 29 of the Indian Police Act, 1861 have all attempted to combat the threat of custodial violence. In furtherance of the same, the SC has taken very critical stances in such cases and has posed angry expressions. In the case of Sunil Batra v. Delhi Administration, the SC held that Article 21 guarantees the right to live with dignity, and any torture or inhumane treatment by the police strikes at the heart of Article 21. Further, in the case of Yashwant and Others v. State of Maharashtra,the SC affirmed the convictions of nine Maharashtra police officers in the 1993 custodial death case and reminded them of “With great power comes greater responsibility”. Even after the anguish expressed in many other cases like Munshi Singh Gautam v. State of Madhya Pradesh, Khatri v. State of Biharand State of U.P. v. Ram Sagar Yadav, there appears no softening of attitude in the inhuman treatment to the people who are in custody.

Who will police the police?

The question highlighted in this subheading was first posed by Justice Iyer in the case of Prem Chand (Paniwala) v. Union of India, and the answer to the same at an extent was tried to be addressed in Dk Basu v. State of Bengaland Shafhi Mohammad v. State of Himachal Pradesh, where the SC directed the state governments to install CCTV cameras in every police station. Consequently, CCTV cameras were installed in some police stations, but they were useless. The officers often claim the dysfunctionality of CCTV cameras in order to escape liability, which creates an environment where the police could abuse their power, disregarding human rights and individual liberty, and allow them to do whatever they wanted to while conveniently claiming that the CCTV cameras are not functional. Even recently, the police repeated the same narration before Allahabad HC and argued that a 5.6 ft man, Altaf, had allegedly hanged himself to death from a 2 ft pipe in police custody. A similar stance was taken in other HCs, including but not limited to Delhi, Bombay, Kerala, and Madhya Pradesh, despite the landmark judgement delivered by the SC in the case of Paramvir Singh Saini v. Baljit Singh,in which the SC issued a number of guidelines and made it quite clear that every corner of a police station (including outside, but not inside of toilets) must be equipped with the best possible CCTV cameras at the earliest. The court also looked at the issue of CCTV that wasn’t working correctly and said that if CCTV is broken, it needs to be fixed right away.

While the directions made by the Supreme Court in Paramvir Singh are of utmost significance for policing the police and monitoring the grave violations of human rights within the courtyard of the police station, only a little has been done so far to implement the same. In March 2021, the Supreme Court ordered all the states to install CCTV cameras within 5–9 months. However, they welcomed the order with great reluctance and hardly bothered to comply with it.  many other reforms, such as the recognition of custodial violence as an offence in and of itself, as well as violence in and outside of police stations, must be implemented in order to completely eliminate custodial violence, the use of CCTV cameras to monitor police officers is a critical step in that direction and is likely to bring about larger reforms in the criminal justice system if properly implemented. Therefore, the Supreme Court must ensure that its judgements are rigorously implemented while filling up the gaps in the system to condense the occurrences of custodial violence.

(The authors are B.A.LL. B (Hons) students at Jamia Millia Islamia)

Related:

UP cops electrocute Muslim youth, insert stick in his rectum, violate judicial precedents on torture
Mumbai: Dalit youth tied and beaten to death with an iron rod!
UP: Goons carve trishul on a man’s face!
Hate Watch: Dalit man thrashed, dragged like an animal by so called “upper caste” goons
Hate Watch: Dalit, Covid health worker, killed for sporting moustache in Rajasthan
Dalits attacked by 300 men in UP village, 13 upper-caste men arrested

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The High Court of Gujarat on March 16, while hearing the Special Criminal Application filed by the victims of police custodial torture,slammed senior police officers for protecting their subordinates by covering up their crimes with an allegedly fallacious inquiry report.

The victims – two brothers and their wives – had been detained in connection with a case related to robbery. But it turns out that they were picked up by the police on suspicion only because of the police personnel’s biased opinions about the community from which they all hailed. The senior cops who had been tasked to probe allegations of communal profiling, however, did not find any fault with the manner in which the behaviour of the cops involved in detaining the accused and their alleged custodial torture.

In its order, the court observed, “Having heard the submissions made by learned Advocates for theparties, this Court is of the prima facie opinion that this is a clear case ofextreme excess by the concerned police authorities and whereas even seniorofficers of the level of Dy.S.P. and SP, who were supposed to hold animpartial inquiry, have just conducted a sham inquiry may be in order toprotect their subordinates.”

The HC was shocked to find that the police officials held biased opinions against the Petitioners(the victims of police profiling and brutality) as theybelong to a particular community. This is a clear case of communal profiling.It also appears from the report that numerous cases are filed against a near relative of the present Petitioners.Through the report it also appeared to the Court that the Petitioners appeared to be victims only because of their birth in certain community.

The HC recorded in its Order, “It appears that the police officials were swayed by the fact that the petitioners belong to a particular community and whereas the said community, according to the investigation as being attempted to be obliquely mentioned therein, is engaged in theft and other illegal activities and whereas there also appear to be numerous cases against a near relative of the present petitioners. Thus, it appears that while the petitioners though they are earning their livelihood honestly, on account of the fact that they had been born in a particular community and certain persons in the community are engaged in doing illegal activity and one of the relatives of the petitioners also stated to be engaged in such illegal activity, therefore the petitioners also have been profiled as law breakers.”

Taking the senior police officials to task, the Court minced no words as it observed, “The apathy of the police officials, more particularly the senior officers of the level of Dy.S.P and SP submitting such a halfhearted report before this Court is not appreciated.”

Brief background of the case

On February 04, 2015, two couples were arrested in connection with a First Information Report (FIR) registered in Dhandhuka Police Station in Ahmedabad district for offences under sections 328 and 394 of Indian Penal Code, in which allegations were made against two unknown males and two unknown females. These people were then allegedly harassed and tortured in police custody.

According to the confessional statements of the victims, four other such cases for undetected offences were made againstthem by concerned police stations. The trial Courts have acquitted the victims in all thesefour cases.

The Single-judgeBench of Justice Nikhil Kariel noted that the victims belonging to certain community were living in the village for at least 12 years and were earning their livelihood through honest occupations. According to the investigating officer’s report dated April 27, 2015, the Petitioner No. 1 and 2 while passing on a motorbike was intercepted by the police party and the petitioners had not stopped their motorbike. They had slipped and fell down a little further and had been caught by the police officials.

The HC noted in its Order how “the investigation proceeded where the only material available against the petitioners, being in the nature of their confession, the Investigating Officer accepting the same, had submitted the charge-sheet and fortunately for the petitioners the entire investigation fell through before the Court conducting the trial. The fall was such that even the complainant who is alleged to have identified the petitioners in the Identification Parade in the office of the Mamlatdar, in his deposition has stated that the petitioners were not identified by him as the persons who had committed the alleged offence.”

Investigation reports

The investigating officer submitted the report to the Learned Magistrate in March 2015 in regard with the FIR registered in Barwala Police station against the victims.Through his investigations and interventions with other three cases as well, he had proved that the complainants of the said FIRs have not identified the victims as the persons who had committed the offences. The investigation report also contains the certificates issued by the Medical Officer of the Community Health Centre, Barwala which reveals numerous injuries were sustained by the victims, more particularly on account of torture by the police officers.

Interestingly, during the same period, in March 2015, the Deputy Superintendent of Police, Viramgam and Superintendent of Police, Ahmedabad had also conducted an investigation which shockingly, could not unearth any fault in the act of police officials! The report also states the reason of apprehending the victims in the first place could be their birth in certain community as there are other people of the community who are (allegedy) involved in illegal activity.

The High Court decision

The Single-judge Bench of Gujarat High Court presided by Justice Nikhil S. Karielopined that this was a case of police excesses, and also the Senior Police officers who were supposed to hold an impartial inquiry, have come up with a fallacious report after conducting a sham inquiry in order to protect their subordinates.

The Court also observed that the police officers didn’t even consider the aspect that independent witnesses came forward to support the fact that the Petitioner no. 1 and 2 are brothers and Petitioner no. 3 and 4 being their wives were earning their living through honest occupations. The Court further observed that as the victims were cultivating cotton in certain agriculture land, the money and the ornaments recovered from the victims were bought from the money of their hardships and was not related to any criminal activity for which they were being prosecuted.   

The Court further ordered Inspector General of Police, Ahmedabad range, to conduct a thorough investigation into the cause of arrest of the Petitioners and implication in other cases of undetected offences for which the Petitioners were charged,and submit a detailed report by way of affidavit about any excess committed by the police officials at any stage.

As the petitioners had gone through pain and suffering because of erroneous investigation committed by the police officers, the Court had asked the State Government of Gujarat to file an affidavit as to why compensation in the nature of exemplary compensation should not be directed to be paid to the Petitioners by the State.The Bench listed the matter on April 12, 2022 for filing of both the affidavits.

The Order may be read here: 

Related:

Protecting and Promoting Minority Rights in India’s Criminal Justice System: Need for a Special Law
Why has India still not ratified UN Convention against torture?
Has torture in police custody become routine?

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