Recently, Aniket Kothale , a youth from Sangli fell victim to police brutality and his half burnt dead body was traced in Amboli hills at a distance of two hundred kilometers away. An incident of such torture was taking place in the midst of Sangli town and no senior police officer was aware about the same, should ring alarming bells in every responsible person in administration. Why such incidents take place in some police station and what measures need to be taken to prevent their recurrence?
As per available details, Aniket Kothale, a youth belonging to lower middle class was working in a CD shop on daily wages. When he approached the owner to get his dues, altercation took place between the two. The owner complained to police station that Aniket had stolen mobile. Police did not register the case saying there was no CCTV footage to support it. There after the owner took help of one RTI activist and prepared a false complaint that Aniket had done extortion of a person from Mumbai. Complaint was registered in connivance with PSI Kamte, who was looking after the charge of the Police Station. PSI asked an Advocate from his acquaintance, to plead his case and obtained three days police custody. Local people from Sangli and relatives of the deceased allege that during interrogation, Aniket died and his body was burnt. To conceal these facts, PSI Kamte transported the body to far away Amboli and threw it in an isolated place. Police maintained that Aniket had fled from custody and searches were being conducted to trace him.
Whenever there is death in police custody, concerned police officers are duty bound to bring it to the notice of senior officers expeditiously. After doing post mortem by competent government medical officer to ascertain the cause of death, Superintendent of Police is required to send details to National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC) within twenty four hours. Government of Maharashtra has further mandated to investigate every incident of custodial death by CID Crime bedsides inquest by concerned SDM.
In view of the perception that custodial deaths take place because of reckless incidents of arrest, amendments have been effected in Cr.P.C. stating arrests be made only in offences which attract punishment of more than seven years or in those offences where there is apprehension that the accused may commit similar offences or assist other accused to escape. As soon as the accused is arrested, he should be medically examined by competent government medical officers and necessary medical assistance be provided as per the requirement. Information about the arrest should be communicated to his advocate and relatives/family members. Details of his arrest be conveyed to police control room and displayed on the unit website. In addition, following directives from Hon. Supreme Court, State Police Complaints Authority has been formulated under the Chairmanship of retired High Court Judge to look into grievances in this regard. All complaints about custodial death are also looked into minutely by NHRC and SHRC from time to time.
Even though all these directives are being underlined and well published from time to time, it is a matter of concern why these are not implemented at ground level. Once one gets a job in police department and one wears uniform, there is a misconception that one can arrest anyone and obtain confession by indulging in physical harassment. Several times, suspecting someone for petty theft or because of their personal rivalry against their enemy, people name someone as accused and insist on police to arrest him followed by physical torture. If the police officer does not do so, he is declared as good for nothing. Many a times, a police officer who indulges in beating a citizen in public and violates all norms is appreciated by people and he is considered as hero. PSI Kamte, who was working as Officer in charge of detecting crimes in Sangli police Station since three years, had reportedly detected several offences using high handed tactics and was applauded by public from time to time. This must have led him to believe he is beyond any law and can behave as he likes.
NHRC as well as SHRC have clarified more than once, unless a person has gone to police station for lodging complaint, whether he is in the lock up or outside, he would be treated as under arrest and it is the responsibility of the police officer in charge of the police station to take care of his health. Study of custodial deaths reveals more than sixty five percent are attributed to suicide, twenty five percent to mental shock and less than five percent to police harassment. To avoid custodial deaths, police need to ascertain mental and physical health condition of the arrested person and suspects prone to suicide need to be identified. Such persons should be provided paper suits which can be used and thrown, or large T shirts and shorts so that they do not make misuse of their clothes as ligature. Toilets need to have half doors so that the arrested persons do not misuse privacy to indulge in suicide. Only paper plates be provided for food so that cutlery is not misused.
Following observations by Hon. Mumbai High Court, almost all police stations and police lock ups in Maharashtra have been provided with CCTV cameras. However, as noticed in the incident at Sangli, either these cameras are made dysfunctional or if these are not working, no efforts are made to keep these in working condition. It is therefore imperative that these CCTV cameras along with provision of audio recording are IP based having adequate internet support. Facility for monitoring these should be given to CID for impartiality.
Apart from above mentioned technological interventions, police officers and men should be exposed to scientific investigation techniques frequently. They need to be trained in use of computers, digital technology, assessment of health conditions and brain mapping techniques at various levels. Most of the times, police do interrogation in a side room or behind the police station. Instead, there should be well equipped interrogation room in every police station and it should be mandatory to use only this interrogation room by trained police officers. As directed by the Hon. Supreme Court, officers doing investigation should be separate and not used for routine duties. Investigation is an advanced science and physical harassment is illegal, archaic and needs to be discouraged at all levels.
It should be mandatory for every Officer in charge of the Unit to visit immediately all incidents of escape of prisoner or death in custody. If the Unit in charge does not reach the spot of the incident promptly, he should be held accountable. Otherwise such serious incidents would continue to recur. Time is now ripe that Indian Government should consider ratifying international treaty against torture and declare her commitment for human dignity.
People also need to stop forthwith lodging false complaints against their enemies. Police should do investigation impartially and state it so, before Court without any fear and the Courts should inflict punishment on those who lodge fabricated complaints. The country cannot become advanced unless these measures are implemented promptly.
