Custodial deaths: India
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Custodial deaths: 2012
NCRB: Assam tops 2012 list of custodial deaths
No Cops Were Chargesheeted In Those Cases
Pranjal Baruah | TNN
Assam: most custodial deaths in 2012
Guwahati: Assam recorded the highest number of custodial deaths in 2012, accounting for 11 of 38 such deaths across the country, data released by National Crime Records Bureau (NCRB) said. Andhra Pradesh came second with five custodial deaths, followed by Maharastra with four deaths.
For Assam, the figures come as a shocker as NCRB did not record a single custodial death in the state in 2011. Andhra Pradesh had recorded the maximum of 11 such deaths in 2011 with Madhya Pradesh in the second spot, followed by Mahasrashtra.
“Last year, 11 persons who were in police remand died in lock-ups in Assam. Though autopsy, case registration and magisterial enquiries were conducted in all the cases, no policeman was chargesheeted,” said the NCRB report.
Under fire after the report, the Assam Police have demanded a rechecking of the figures published by NCRB. “We are concerned, but we first need to go through the details of every case,” said Assam Police chief J N Choudhury.
Former state police chief Hare Krishna Deka said, “There should be a thorough study of the cases by the CID, which should prepare a detailed report citing reasons behind the deaths and measures to prevent such incidents.”
Custodial deaths in Ghaziabad
‘Torture a common probe tactic’
Aniruddha Ghosal TNN 2013/06/16
Ghaziabad: The frequency with which such cases [of death of accused in police custody] are coming to the fore in Ghaziabad has raised serious questions about custodial deaths and violence.
According to lawyers and human rights activists, the problem lies with the use of torture as a common tool of investigation, instead of being employed in exceptional circumstances. “I think the number of people dying in police stations is on the rise, the NHRC and other legislations notwithstanding. Torture takes place when there are no witnesses around,” said K T S Tulsi, senior advocate at the Supreme Court. Experts said torture serves as a shortcut for cops, who try to solve the crime by extracting confessions or clues by roughing up the suspects.
Police themselves admit that torture is quite common, especially in the far-flung, rural police stations away from the glare of the media. “Since the accused will admit anything after a point, torture is commonly used,” said a senior police officer on condition of anonymity.
DK Basu versus State of West Bengal,1996, Supreme Court
In 1996, the SC, in a case titled DK Basu versus State of West Bengal, set up 11 guidelines for police personnel during detention or arrest. The guidelines, meant to bring transparency and prevent human rights violation, are rarely followed. The problem is rather pronounced in UP, where custodial violence and torture is pervasive. The state registered the maximum number of custodial deaths between April 2010 and March 2011, as per an NHRC report tabled in the Rajya Sabha in December 2011. A total of 331 people died while in custody.
“Torture is conducted by police for two main reasons. They hope to obtain clues in the hope of solving the crime. Secondly, in cases where a confession made to police is acceptable in court, innocent people are often tortured to extract confessions,” said Ashish Khetan, an independent reporter who has published an investigative report on the way custodial torture was used in the investigation of three major bomb blast cases to implicate Muslim youths, and has sent a letter petition to the Bombay high court on the issue.
