In Odisha: Custodial Death Crime, Not Acceptable, Supreme Court (!).
Bureau, Odishabarta
Berhampur:Custodial death is not a recent concept, especially in India where the phenomenon of custodial death has been carried out since the times when India’s sovereignty was in the hands of Britishers. Police brutality and violence have exponentially grown over the last four-five years. It reflects a dearth of legal provisions in our judicial system to reprimand law enforcing authorities for carrying out brutal practices and resorting to torture by using ‘performance of duty as a defence.
Police custody When a police officer arrests an individual accused of committing a crime and brings him to the police station, it is called police custody. In police custody, the detainee is held for not more than 24 hours in jail at a police station and during this time the officer-in-charge interrogates the suspect.
Police officers must produce the suspect before the judge within 24 hours of detention.
Death owing to custodial violence is abhorrent and not acceptable in a civilised society, the Supreme Court said.
“The custodial violence on the deceased which led to the death is abhorrent and not acceptable in the civilised society.
The offence committed by the accused is a crime not against the deceased alone but was against humanity and clear violations of rights guaranteed under Article 21 of the Constitution,” A bench of Justices Ashok Bhushan and Ajay Rastogi said.
#Live Law
The cops were accused of assaulting a man, who later succumbed to injuries.
While criticising custodial torture, the bench was of the opinion that beating of a person in the police station is the concern for all and causes a sense of fear in the entire society.
“When the protector of people and society himself instead of protecting the people adopts brutality and inhumanly beat the person who comes to the police station, it is a matter of great public concern,” the top court was quoted as saying in a 35-page verdict.
The accused cops, a police station in-charge and senior inspector had mercilessly beaten up the man at the custody. The victim later succumbed to the injuries.
The police officers can moved the apex court against their conviction upheld by the High Court.
“We, thus, are of the considered opinion that present is a case where this Court is not to grant leave for compounding the offences under Section 324 of IPC as prayed by the counsel for the appellants,” the bench said.#SC Verdict.
Despite modernisation of the police force, use of technology and other measures to make police people-friendly, cases continue. “It is baffling how despite having CCTVs installed in police station, highhandedness or brutalities are never captured in these systems. What is the use of technology then,” asks an activist.
Custodial deaths apart, excesses have seen a spurt. This month alone, Odisha Human Rights Commission (OHRC) passed at least four orders against high-handedness, negligence and harassment by the State Police. It also recommended the government course on human psychology and rights for police while banning field posting to an officer for excesses in police station.
According to activist Biswapriya Kanungo, despite clear guidelines of the Supreme Court about human rights of the accused in police custody, such deaths continue in Odisha. There is delay in getting signatures of the accused and investigating officers in arrest memos for which there is no clarity on how long a person has been detained and interrogated in custody, he added.
Kanungo feels that training on human rights and social behaviour must be given priority while law and order and investigation should be bifurcated in the State Police. DGP Abhay has said that inquiry of incidents in Puri and Birmitrapur are being conducted as per the guidelines of the National Human Rights Commission.
By;Asish Mehta,ENS
Custodial Death in Biramitrapur Police Station;DGP Suspended IIC Ms. SP.Pradhan for Gross Misconduct.
November 20,2020 Former DG Police Abhay placed one Inspector-in-Charge of Biramitrapur police station, Ms.SP Pradhan under suspension.
The Odisha Police headquarters informed that the action was taken for gross misconduct and dereliction of duty, by the police official.
“DGP has placed Inspector Pradhan, IIC Birmitrapur Police Station of Sundargarh district under suspension for gross misconduct and dereliction of duty,” the State Police headquarters Tweeted.
A youth Tarique Salim died at the Ispat General Hospital in Rourkela. He was arrested by the personnel of Biramitrapur police station. Sources.
Meanwhile, family members have demanded an immediate probe on the incident and stringent action against the concerned cop.
#OBytes
A departmental inquiry set up with many senior officers but the final report waited other than 14 months under suspension (Source) In the mean while she has been accommodate last one year in a Police station in Berhampur Police district.
On last Thursday Manas Behera a senior advocate of Odisha high court already wrote to DGP,Cuttack and Home Dept.,Odisha for the latest statuesque of the departmental proceedings,/action or resolveMore so, can be posted at Police station unless the issue was clear or Sub- Juridice (? , under PC act. (?) to the DGP,Odisha,Cuttack,Source said.
Note this news not drafted by us but information extracted from different source
Any legal dispute the editor and the Odishabarta no way concern.Aboveall Subject to Berhampur Juridiction or Odisha High Court.
