By Akhlad Khan for Hindutva Watch
India reported 1840 custodial deaths in the year 2020-21 and Uttar Pradesh tops in it. This is official data of the Ministry of Home Affairs. Nityanand Rai, Minister of State in the Ministry of Home Affairs releases state-wise data of custodial deaths while answering his party colleagues during the monsoon session of Lok Sabha earlier this year
In yet another case of alleged custodial death in Uttar Pradesh, a Muslim youth arrested by the state police on suspicion of eloping with a Hindu woman died in the Sadar police station in Kasganj district on November 8.
The family of the deceased — identified as Altaf (22), from Nagla Syed Ahroli of Kasganj — has alleged that he was tortured by police in the lockup, which led to his death. Police, however, claimed that the accused killed himself using the drawstring of his jacket’s hood when he went to the lockup washroom.
Botre Rohan Pramod, Kasganj Superintendent of Police (SP) claimed that Altaf was called to the police station on Tuesday morning for interrogation in connection of elopement with a girl.
Police have launched a detailed inquiry into the case. Superintendent of Police, Kasganj, Botre Rohan Pramod, has suspended five policemen, including the SHO, Virendra Singh.
Altaf’s family blamed the police for his death and held a protest outside the hospital where the autopsy was being conducted yesterday. The matter was resolved after senior police officials assured strict action against policemen found guilty.
Accusing the police of killing his son Altaf in police custody, Chahat Miyan said, “Kasganj police landed at my place around 8 PM on November 8. My son was picked up from home on the suspicion of eloping with a girl. Hearing the allegation made by police, I myself handed over my son Altaf to the police. The police had ensured to release him after an hour but he did not return even after several hours. Only the news of his death reached us.”
“When I went to the police outpost this morning to enquire about him, they humiliated me and threw me out,” said Chahat Miyan adding that “My son was physically fit. How could he have died unless the police tortured him?”
“We repeatedly asked the officials to tell us how Altaf has died and where the washroom was located but nothing was told. My son was tall enough and it is a completely baseless allegation that he tried to strangle himself from a tap which is usually at the height of two-three feet.
They also refused to give the CCTV footage which is installed in the police station,” he claimed.
It is not yet clear if the police station had a CCTV installed.
The police chief of Kasganj police station Rohan Pramod Bothre released a video statement on Twitter in which he claimed that the deceased man asked if he could go to the toilet at the police station. When he didn’t return, the police officers went inside to check on him and found him dead.
The police chief said, “He was wearing a black jacket and it appears he hooked the string, attached to the hood of the jacket, to a tap in the washroom and tried to strangle himself. He was brought out unconscious and taken to the hospital. He died within 5-10 minutes.” Soon there were reports that the chief has now suspended five policemen citing “negligence”.
However, Altaf’s father, Chand Miyan spoke to reporters and said, “I handed over my child to the cops. But I suspect they are involved in the hanging. He (Altaf) was a tile fitter labourer and he was working in a house. According to the police, a girl from the same family went missing for the last few days. The family members of the girl complained to the police against him and the police took away my son. Merely on the suspicion of eloping with the girl, they killed him. He was not produced before a magistrate when he was picked up. He was kept continuously in the police lock-up and was killed later.”
Acting SHO of Kotwali police station, Ramesh Prasad said the autopsy report stated death due to hanging. He added that the minor girl is still untraceable.
Why was CCTV not installed in the police station?
The Supreme Court in December 2020 passed a landmark order directing all police stations and investigation agencies across the country to install CCTV camera with night visions and audio recordings in order to ensure police accountability at the police/investigation stations. The apex court bench headed by Justice Rohitna Fali Nariman had directed the States and Union Territories governments to look into the compliance of the installation of the cameras with audio devices at the police stations in their state.
The three-judge bench had ordered stating that the cameras installed should include detailed coverage of the lock-ups, enteries and exits of the station and the interrogations rooms.
The places of installation of cameras with audio devises include the office of Central Bureau of Investigation, Enforcement Directorate, National Investigation Agency, Narcotic Control Bureau, department of Revenue Intelligence, Serious Fraud Investigation Offices and other Central agency office where the enforcement carries out the interrogation of the people.
The order clarified that states where there the provision of electricity and internet is not there; at those places it is the duty of the State/ Union Territories government to provide the said service expeditiously which may include solar/wind power. Explaining the importance of CCTV footage, the judgement held, “The Commission/Court can then(in case “ there is information
of force being used at police stations resulting in serious injury and/or custodial deaths”) immediately summon CCTV camera footage in relation to the incident for its safe keeping, which may then be made available to an investigation agency in order to further process the complaint made to it.”
These orders of the Supreme Court are yet to be taken into effect by many Indian States!!
In terms of data on custodial deaths, Uttar Pradesh tops in the country by having 12 police custodial deaths (PCD), and 452 judicial custodial deaths (JCD) in 2018-19, 3 PCD and 400 JCD in 2019-20, 8 PCD and 443 JCD in 2020-21. For the year 2021, Bihar: 156 JCD and 3 PCD, Madhya
Pradesh: 155 JCD and 8 PCD, Maharashtra: 130 JCD and 13 PCD, Gujarat: 82 JCD and 17 PCD,
Haryana: 46 JCD and 3 PCD, Punjab: 70 JCD and 2 PCD.
Surprisingly, In 2019, National Crime Records Bureau stated that there were no custodial deaths in Uttar Pradesh and the country. But, the data shared by the Ministry of Home Affairs (MHA) in response to a question in the Lok Sabha said there were 400 Judicial deaths and 3 police custodial deaths in the year 2019.
According to the guidelines issued by the National Human Rights Commission, every death in custody, police or judicial, natural or otherwise, is to be reported to the Commission within 24 hours of its occurrence. If an inquiry by the Commission into police/judicial custody discloses negligence by a public servant, the Commission recommends to authorities of Central/State governments for initiation of proceedings for prosecution against erring public servants.
The disciplinary action against the erring public servant should be taken by the respective state government as per extant rules, procedures etc. This concern should be taken up on priority.
There is an immediate need to install CCTV cameras at police station as directed by Supreme Court last year.
(Data with the inputs from The daily Guardian)
(The author is an independent Journalist and former sub editor of The Times Of Uttar Pradesh newspaper.)