Taking note of the press reports on the custodial death of a daily wager, Mr Venkatesh Naayini, in Shivarampally Police Station on March 11, 2012, the PUCL decided to ascertain the facts behind the incident.
PUCL(People\\\’s Union for Civil Liberties), Andhra Pradesh then formed a Fact Finding Team consisting of 6 members as follows:
- Jaya Vindhyala (State President)
- Iqbal Khan (State Vice-President)
- Aslam (State Joint-Secretary)
- Saleem (Twin-Cities Vice-President)
- Riazuddin (Twin-Cities General Secretary)
- B.Kranthi Kiran (PUCL Activist)
The team visited the Police Station on March, 12 and also met the deceased family members including area MLA Mr Prakash Goud, other community people and activists.
Victim’s Family Members narrated the situation as follows:
Wife of Venkatesh, Smt. Padma lodged the complaint before the Station House Officer, Shivarampally Police Station on 10-03-2012 at about 11am regarding harassment by her husband. He used to drink and beat the entire family members. He had 4 children- three girls and one boy. Eldest child is studying in tenth class.
The police picked up him on the very next hour, they put him in lock up and thrashed him. The police ignored the drunken state of Mr Venkatesh.
In the mid night i.e the early hours of March 12 at about 2 A.M police called Smt. Padma and told her that he was dead. The Police told her that her husband suffered fits and also had medical problems.
Mr Venkatesh was first taken to a nearby hospital and then shifted to Osmania General Hospital by the police. Venkatesh Nayini, 39, was a daily wage worker.
Version of the Area and Community activists and others:
MLA Prakash was furious over the incident and said that police atrocities are common here. He along with his supporters also staged dharna in front of the police station.
Many people openly opined that the Shivarampally Police Officials are behaving like licensed goons and their behaviour is very rude towards common public.
Unnecessarily the police killed Mr Venkatesh instead of counselling him and his wife to lead a normal and happy life, some locals added.
Naayini Community Welfare Association also staged Dharna in front of the Police Station protesting the custodial death of Venkatesh.
Spot visit:
We visited the Police Station, the description of the deceased Venkatesh was shifted to the hospita for the post morteml, but Venkatesh\\\’s family members, relatives, friends and locals were present at the Police Station ground to protest against the concerned police officials.
Police had booked harassment case filed by Venkatesh’s wife on Saturday, 10-03-2012 and the FIR was registered, Crime No. 138/2012.
We met Assistant Commissioner of Police (Special Branch) who was in the chamber of Inspector of Police, Shivarampally. We asked him in what way the Special Branch is competent to take up this Lock-up Death.
He told us that he was sent by higher authorities to look into the matter and the probe was on.
He also told us that the dead description had been sent to Osmania General Hospital for post mortem.
We also told him that we had visited this police station 15 days back on February 24, regarding the illegal detention of 10 accused who were not sent to judicial remand since 7 days of their detention.
Several other police officials were also present at the police station during our meeting with the ACP, special branch. ACP of the Rajendra Nagar Division, ACP of Shamshabad Division and 3 inspectors of police, 3 sub-inspectors of police were present there.
Police Authorities Version:
The Police Authorities said that, they had received complaint by the deceased wife on 10-03-2012 that Venkatesh used to beat her and their children.
They arrested him on March 10 and registered the case under Crime No. 138/2012 and in the evening he was freed from the police station with an instruction to return to the police station by 10 am on next day morning for the interrogation.
He came next day morning and slept in the lock up. Venkatesh then developed some medical problem even before the interrogation could start. He was rushed to nearby hospital M/s SAI HOSPITAL but was declared brought dead. Immediately, police shifted his description to Osmania General Hospital, Hyderabad for post mortem.
The police authorities further said that, Mr Venkatesh suffered fits and possibly had heart problem or any other serious disease as well about which family members did not know.
Post mortem report
Post Mortem was conducted after the issuance of the letter by the RDO, Chevella, RR District in the Osmania general hospital in Hyderabad but the report did not ascertain any reason for the death.
OBSERVATIONS:-
- The police picked up Venkatesh two days back prior to death.
- There is no chance to commit suicide as per Lock-Up structure.
- The S.I and C.I’s casual behaviour showed thet they were not concerned about the sad incident.
- As per circumstances Venkatesh did not commit suicide.
- As per the locals, the Police Officials are behaving like a licensed Human Slaughters with all the Civilians
- While discussion with ACP, Special Branch, the Station House Officer entered in to his chamber, we asked him about the past illegal detentions of 10 accused but he replied to us arrogantly in front of his higher officials.
- The Station House Officer is not fit for the post. Because illegal detentions are increasing in the area and remand reports also show irregularities.
- The higher authorities are not taking up the cases of custodial deaths sincerely.
DEMANDS:
- Immediately to conduct Judicial Enquiry in to the incident
- The concerned Police officials should be prosecuted under section 302 IPC.
- The government should provide compensation to deceased family members.
- The government should provide job to his wife.
- The DCP/SP Rank officer should be accountable for any human rights violations.
- The third degree methods should be completely prohibited in custody by implementation of guidelines as per DK Basu V/S West Bengal (1996) by Supreme Court of India.
Recommendation:
Custodial deaths are increasing day by day. And a forum should be formed comprising the civil rights and human rights activists, other active groups members to look into the issue. Then only the facts will come out and Justice will be delivered to general public.