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India:
Annual Report on
Torture 2018
A Publication of the Asian Centre for Human Rights
First published: April 2019
Centre photo: Torture and parading of Abdul Qadir after being tied to the
bonnet of Police Jeep in Mahidpur town, Ujjain, Madhya Pradesh in June 2016
Background photo: Uttar Pradesh Police beating and forcible taking of the
thumb impression of the custodial death victim Mr Pappu Singh i.e. father of
rape survivor of BJP MLA from Unnao, Uttar Pradesh Kuldeep Singh Sengar
in April 2018. The deceased Pappu Singh was being forced to withdraw the
case against the MLA. As he refused to withdraw, he was allegedly roughed up
in police custody and rushed to the district hospital with 18 wounds and
gashes, abdominal pain and vomiting. He died soon thereafter.
© Asian Centre for Human Rights, 2018.
No part of this publication can be reproduced or transmitted in any form or by
any means, without prior permission of the publisher.
ISBN: 978-81-88987-88-7
Suggested contribution Rs. 995/-
Published by:
ASIAN CENTRE FOR HUMAN RIGHTS
[ACHR has Special Consultative Status with the United Nations ECOSOC]
C-3/441-C, Janakpuri, New Delhi-110058, India
Phone/Fax: +91-11-25620583
Email: director@achrweb.org
Website: www.achrweb.org
Acknowledgement: This report is being published as a
part of the ACHR’s “Campaign Against Torture in India:
Prevention, Accountability and Rehabilitation”, a project
funded by the European Commission under the European
Instrument for Human Rights and Democracy – the
European Union’s programme that aims to promote and
support human rights and democracy worldwide. The
views expressed are of the Asian Centre for Human Rights,
and not of the European Commission.
Table of Contents
1. EXECUTIVE SUMMARY ..................................................................................................... 9
2. TORTURE INPOLICE CUSTODY ...................................................................................... 15
I. PATTERNSANDPRACTICES OF TORTURE ............................................................. 15
A. Custodialdeaths ............................................................................................... 27
B. Torture notresulting to deaths ......................................................................... 51
II. CUSTODIAL TORTURE OFDALITS AND TRIBALS.................................................... 62
A. Custodialdeaths ............................................................................................... 62
B. Torture notresulting in deaths .......................................................................... 68
III. CUSTODIAL TORTUREOF WOMEN ......................................................................... 71
A. Torturedto death ............................................................................................. 71
B. Torturenotresultingin death............................................................................ 73
C. Sexualassaultsincludingrape ........................................................................... 78
IV. CUSTODIAL TORTURE OF CHILDREN ...................................................................... 80
A. Custodial deathofchildren ................................................................................ 80
B. Custodial tortureof children notleadingto death ............................................... 82
C. Sexualattacks includingrapeofminors ............................................................. 85
3. TORTURE INJUDICIAL CUSTODY................................................................................... 91
A. Deaths injudicialcustody duetoalleged torture ........................................................ 91
B. Deaths due todenial medical treatment..................................................................... 99
C. Deathsdue toalleged suicide inprisons................................................................... 102
D. Torture andill-treatmentin prisons ......................................................................... 106
E. Inhuman conditionsin the prisons ............................................................................ 110
4. TORTURE INTHE CUSTODY OF THEARMY AND THE CENTRAL ARMED FORCES ...... 119
5. IMPUNITY AGAINSTTORTURE & OTHER HUMANRIGHTS VIOLATIONS .................... 123
6. TORTURE BY THE ARMED OPPOSITION GROUPS ........................................................ 133
I. Abuses by thearmed opposition groupsinJammu and Kashmir ............................... 133
II. Abuses bythe Naxalites ......................................................................................... 135
7. TORTURE BYOTHER NON-STATE ACTORS (UPPER CASTES) ..................................... 141
A. Cases of beingbeaten to death ............................................................................... 143
B. Casesof being set on fire ....................................................................................... 146
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India: Annual Report on Torture 2018
C. Casesofdegradingand humiliatingtreatment.......................................................... 147
8. JUDICIAL INTERVENTIONSAGAINST TORTURE .......................................................... 155
I. JUDGMENTS AWARDING COMPENSATION ......................................................... 156
II. JUDGMENTS RECOMMENDING PUNISHMENTS .................................................. 160
III. DIRECTIONS FOR PROBE BY INDEPENDENT AGENCIES....................................... 175
9. INTERVENTIONSOFNHRC/SHRCs AGAINST TORTURE ................................................ 179
I. NATIONAL HUMANRIGHTS COMMISSION........................................................... 179
II. STATE HUMANRIGHTS COMMISSIONS............................................................... 188
TamilNaduStateHumanRightsCommission........................................................... 188
Madhya PradeshStateHuman Rights Commission .................................................. 201
Odisha StateHumanRightsCommission ................................................................. 201
KarnatakaStateHuman RightsCommission ............................................................ 202
KeralaStateHuman RightsCommission .................................................................. 203
Maharashtra StateHuman RightsCommission ........................................................ 204
10. SCRUTINY OF INDIA’SRECORDS BY THE UN HUMAN RIGHTS MECHANISMS............ 207
I. Call to protectjournalistRanaAyyub fromonlinehate campaign.............................. 207
II. Condemnation of and calling for probe into deadly police response to protest against
SterliteCopper plant in ThoothukudiinTamilNadu .................................................. 208
III. Presentingfirst-everUN humanrightsreportonKashmir callsforinternational inquiryinto
multiplehumanrightsviolations............................................................................... 209
IV. UNexpertsurgeIndiatoreleaserightsdefender Dr.G.N.Saibabaonhealthgrounds.....210
V. Calling for urgent progress in investigation of hundreds of “fake encounter” killings in
Manipur .................................................................................................................. 210
VI. UNhumanrightsexpertexpressedalarmatIndia’smovetodeportRohingyarefugees.....211
VII. UN experts expressed concerns over slapping of terrorism charges on human rights
defenders tomute them ......................................................................................... 212
11. RATIFICATION OFTHE UNCAT BY INDIA:A DISGRACEFUL CASE OFNOT IMPLEMENTING
PROMISES ..................................................................................................................... 215
12. ANNEUXRE-1:CompensationawardedbytheNHRCintortureandothercases in 2018......227
13. ANNEUXRE-2: RTI repliesfrom the NHRC on custodialdeaths in 2018 ................... ......245
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India: Annual Report on Torture 2018
Glossary
ACHR- Asian Centre for Human Rights
ACP- Assistant Commissioner of Police
ACMM- Additional Chief Metropolitan Magistrate
ADGP- Additional Director General of Police
AFSPA- Armed Forces (Special Powers) Act, 1958
ASI- Assistant Sub Inspector
ATR- Action Taken Report
ATS- Anti-Terrorism Squad
BJP- Bharatiya Janata Party
BSF- Border Security Forces
BOP- Border Out Post
CB-CID- Crime Branch, Crime Investigation Department
CBI- Central Bureau of Investigation
CCS- Central Crime Station
CDRO- Coordination of Democratic Rights Organisations
CIA- Crime Investigation Agency
CIC- Central Information Commission
CID- Crime Investigation Department
CISF- Central Industrial Security Force
CJM- Chief Judicial Magistrate
CPI- Communist Party of India
CrPC- Code of Criminal Procedure
CRPF- Central Reserve Police Force
CWC- Child Welfare Committee
DCP – Deputy Commissioner of Police
DGP- Director General of Police
DIG-Deputy Inspector General
DSP- Deputy Superintendent of Police
FIR- First Information Report
FSL - forensic science laboratory
GRP- Government Railway Police
HC – High Court
HRDs- human rights defenders
(6)
India: Annual Report on Torture 2018
IG- Inspector General
IIC- Inspector In-Charge
IPC- Indian Penal Code
IPS – Indian Police Service
JJ Act - Juvenile Justice (Care and Protection of Children) Act, 2000
JJB - Juvenile Justice Board
KSHRC- Karnataka State Human Rights Commission
LCB- Local Crime Branch
LWE- Left Wing Extremism
MAP- Mizoram Armed Police
MPHRC- Madhya Pradesh State Human Rights Commission
MSHRC- Maharashtra State Human Rights Commission
MASUM- MASUM - Banglar Manabadhikar Suraksha Mancha
MHA- Ministry of Home Affairs
MLA- Member of Legislative Assembly
NCRB- National Crime Records Bureau
NDPS Act - Narcotic Drugs and Psychotropic Substances Act, 1985
NHRC- National Human Rights Commission
NOK- Next of kin
NDPS Act - Narcotic Drugs and Psychotropic Substances Act, 1985
NSS- Niyamgiri Suraksha Samiti
OBC- Other Backward Classes
OC- Officer-in-charge
OHCHR - Office of the United Nations High Commissioner for Human
Rights
OHRC - Odisha State Human Rights Commission
OSD – Officer on Special Duty
PAC- Provincial Armed Constabulary
PHC- primary health centre
PHR Act – Protection of Human Rights Act, 1993
PIL- Public Interest Litigation
POSCO Act- Protection of Children from Sexual Offences Act
RPF- Railway Protection Force
Rs. - Rupees
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India: Annual Report on Torture 2018
SC- Supreme Court
SC/ST Act – Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989
SHO- Station House Officer
SHRC – State Human Rights Commission
SF- Security Forces
SI – Sub Inspector
SIT Special Investigation Team
S/o- Son of
SSP- Senior Superintendent of Police
SLP – Special Leave Petition
SOG- Special Operation Group
SP- Superintenent of Police
SPG- Special Protection Group
SPP- Special Public Prosecutor
TNSHRC – Tamil Nadu State Human Rights Commission
ULFA - United Liberation Front of Asom
UN- United Nations
UNCAT – United Nations Convention against Torture
u/s – Under Section
UT- Union Territory
W.P.(C)- Writ Petition (Civil)
WP(Crl.) – Writ Petition (Criminal)
WSS- Women against Sexual Violence and State Repression (WSS)
W/o – Wife of
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India: Annual Report on Torture 2018
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India: Annual Report on Torture 2018
1. EXECUTIVE SUMMARY
Deaths in police custody which mainly occur as a result of torture are
rising in India. There is no let up in the number of custodial deaths in
India. The National Human Rights Commission (NHRC) received
reports of 147 deaths in police custody during 2018.1
About a decade
ago i.e. during 2009-2010, the NHRC had received reports of 124 deaths
in police custody2
, indicating 19% increase of deaths in police custody.
The NHRC further registered 525 cases of torture in police custody during
2018.3
These figures do not reflect the extent and actual incidents of
custodial death and torture in the country.
The pattern of custodial deaths remains similar. Police claim that majority
of victims of custodial deaths in police custody during 2018 died after
suddenly developing sudden medical complications soon after being taken
into police custody. Police also claimed the detainees suffered injuries
while trying to escape and later succumbed to the injuries. In some cases,
police blamed beatings of the deceased by mob/public prior to their
arrest/detention. The fact remains many are tortured to death for the
failure to pay bribe and in these cases, the victims are tortured in front of
the relatives and falsely implicated in various alleged crimes. Victims were
often tortured to extract confessions.
Police often cite suicide as the cause of death in their custody. During
2018, police claimed that many victims committed suicide by consuming
poison, banging their heads till death, hanging with piece of cloths, wire,
belt, rope, etc. Police even made bizarre claims that Sitrarasu, a junior
assistant in the education department and a resident of Chunambedu of
Tamil Nadu had hanged himself - using his innerwear!4
In most cases, the
family members of the deceased rejected the claims of suicide and alleged
torture to be the cause of death. In some cases, marks of torture were
established in post mortem reports. Most victims purportedly committed
suicide within 24 hours of their detention, that is, before the production
before the magistrate. The most serious issue is that victims are tortured
to death even after production before the Judicial Magistrate.
1
. Response from the NHRC India vide letter NHRC/RTI/78/2019 dated 24th
January 2019
received under the Right to Information Act
2
. NHRC Annual Report 2009-2010, p.136
3
. Ibid
4
. Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3
May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police-
custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms
(10)
India: Annual Report on Torture 2018
Dalits and indigenous peoples remain extremely vulnerable to torture
and during 2018, many died in police custody after being arrested in
cases related to alleged theft or robbery. On 8 February 2018, Abinash
Munda, a tribal youth, was allegedly tortured to death at the Ainthapalli
Police Station in Sambalpur district of Odisha after being arrested in a
theft case. The police claimed that Munda committed suicide by hanging
himself with a bed sheet in the police lock-up5
but family members claimed
that he was tortured to death in the Police Station.6
His dead body was
recovered from an abandoned house near to the police station.
Custodial torture of women including rape is reported regularly in India
despite various judicial pronouncements for their safety. Majority of the
victims of custodial deaths among women belonged to weaker section of
the society such as Dalits, tribals and the poor who mostly worked as
domestic help or did petty jobs to earn a livelihood. On 10 August
2018, constable Minesh Bhunekar posted with the crime branch was
booked for alleged rape and torture of an undertrial woman prisoner at
Santrampur Police Station in Mahisagar district of Gujarat. The victim
was allegedly tortured and raped after being taken into police custody on
the afternoon of 29 May 2018. She alleged that she was given electric
shocks, was beaten and her hands were pierced with pins. She was allegedly
raped by constable Bhunekar while two others kept vigil at the door.7
A
special investigation team was set up to investigate the case.8
There is no improvement of torture in prisons and torturous prison
conditions. The NHRC record a total of 1,819 deaths in judicial custody.9
Horrible prison conditions by themselves constitute inhuman and
degrading treatment and as per the latest data available about 149 jails
had an overcrowding rate of from 200% to 1166.7% as on 31.12.2015.10
5
. Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9 February
2018, available at https://www.hindustantimes.com/india-news/tribal-youth-commits-suicide-
in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html
6
. Odisha: Mob attacks cops, sets fire to Police Station over ‘custodial death’ of tribal man,
The Hindustan Times, 9 February 2018
7
. Three Mahisagar cops booked for custodial rape, The Times of India, 12 August 2018
8
. Woman undertrial alleges rape by cop, The Times of India, 11 August 2018, available at
https://timesofindia.indiatimes.com/city/vadodara/woman-undertrial-alleges-rape-by-cop/
articleshow/65360075.cms
9
. Response from the NHRC India vide letter NHRC/RTI/78/2019 dated 24th
January 2019
received under the Right to Information Act
10
. Reply of the Ministry of Home Affairs to Starred Question No. 303 answered on 08.08.2017
before the Lok Sabha, available at http://164.100.47.190/loksabhaquestions/annex/12/
AS303.pdf
(11)
India: Annual Report on Torture 2018
In large majority of custodial deaths the prison officials contended that
the cause of deaths were sudden health or medical complications such as
acute pain in the body, heart attack, serious pain in chest, sudden
deterioration of health condition, stomach pain, uneasiness, incessant
coughing, asthma, seizure and fainting, falling unconscious etc. Suicide
due to alleged depression is also often cited by prison officials. In a bizarre
case, the jail officials claimed that Guddu alias Bhanu Pratap, aged 30
years, an undertrial prisoner, hanged himself with his gamcha (towel)
inside the toilet of at barrack No. 7 in Raebareli district Jail in Uttar
Pradesh on 14 October 2018, but the media reported that the deceased
had lost his right hand in an accident three years ago.11
The non-implementation of the Juvenile Justice (Care and Protection of
Children) Act means that children are often illegally detained at Police
Stations and prisons, and subjected to torture. A number of children
were allegedly tortured to death. A large majority of victims of torture
among juveniles came from the weaker sections of the society viz. Dalits,
tribals, religious minorities, poor etc. On 13 April 2019, a 17-year-old
juvenile died at JJ Hospital in Mumbai in the custody of Government
Railway Police (GRP), Wadala, after being apprehended by the Railway
Protection Force (RPF) on 3 April on suspicion of theft and handed over
to the GRP the next day.12
The armed forces deployed in the conflict situations and border areas
also resorted to torture. The Border Security Forces (BSF) personnel
were accused of kicking on testicles of the male victims including juveniles
as part of torture. On the night of 21 November 2018, at around 2 AM,
Sarif Sekh, a 10th standard student of Fatullapur High School, was
reportedly caught by the BSF when he went to a nearby open field to
defecate at Fatullapur under Raghunathgunj Police Station in Murshidabad
district of West Bengal. Despite identifying himself as a student, he was
allegedly tortured by Subedar Sujoy Singh Rana, Sub Inspector Anil
Kumar, and Assistant Sub Inspector C.R Tarki, posted at Bhagirathi
Patlatola Border Out Post (BOP) of 180th
Battalion, BSF, ‘F‘ Company.
Apart from hitting with stick and rifle butts, the BSF personnel allegedly
kicked on the victim’s testicles, due to which he became unconscious.13
11
. Dahej hatya ke aropit ne jail me ki khudkushi, Jagran.com; 14 October 2018, available at
https://www.jagran.com/uttar-pradesh/raebareli-prisoner-gets-suicide-18533327.html
12
. Mumbai: 17-yr-old theft suspect dies, family alleges torture by cops, The Indian Express,
15 April 2018, available at https://indianexpress.com/article/cities/mumbai/mumbai-boy-
theft-suspect-dies-family-alleges-torture-by-cops-5137790/
13
. Banglar Manabadhikar Suraksha Mancha (MASUM), Annual Report 2018, available at
http://www.masum.org.in/Documents/Annual%20Report%202018%20draft%204.pdf
(12)
India: Annual Report on Torture 2018
While internal armed conflicts have substantially reduced in the North
East India and the Naxalite conflict is on the wane, the Maoists were
responsible for brutal killing of their hostages after abduction. The suspects
were subjected to summary trial in socalled “Jan Adalats” (Peoples’ Courts)
in full public view and tortured before being killed to instil fear among
the people. On 27 May 2018, Vanjami Sukda, aged 45 years, was
reportedly kidnapped and killed by the Maoists after slitting his throat
on suspicion of being a police informer near Punpalli village under
Dornapal Police Station in Sukma district of Chhattisgarh.14
In Jammu
and Kashmir, on 8 March 2018, a Class XII student identified as Omais
Rashid Bhat, a resident of Qaimoh in South Kashmir’s Kulgam district,
was allegedly abducted by militants and tortured on the suspicion of
being an informer of the security forces. After battling for his life for 14
days, he succumbed to the injuries in a hospital in Srinagar on 22 March
2018.15
Other non-State actors continued to perpetrate torture. The Dalits
continued to face torture and other inhuman and degrading treatment at
the hands of the upper castes. The incidents of caste atrocities continued
to remain high with 39,408 reported cases during 2013; 40,401 reported
cases during 2014; 38,670 reported cases during 2015; and 40,801 cases
during 2016.1617
During 2018 the Dailts were killed, attacked, tortured,
and subjected to other forms of cruel, inhuman or degrading treatment
or punishment by the members of the upper castes, among others, for
riding a horse or owning a horse; sitting crossed-legs; fetching water
from common sources such as well; swimming/bathing in the swimming
pools; participation or watching of Hindu religious festivals; sporting
moustaches; wearing jeans, shirts, gold chain or shoes; pasting stickers of
symbols like Shivaji on their motorcycles; riding a motorcycle; having
love affairs with upper caste girls/women; sitting on a chair at the village
panchayat office; seeking information from their upper caste employers;
refusal to serve/work for upper castes; objecting to casteist remarks/slurs;
or on mere suspicion of theft. On 18 October 2018, a Dalit man identified
as Asaram Meghwal, aged 22 years, was beaten to death by members of
14
. Maoists kill villager in Sukma, Business Standard, 27 May 2018, available at https://
www.business-standard.com/article/pti-stories/maoists-kill-villager-in-sukma-
118052700543_1.html
15
. Militants’ victim, The Telegraph, 23 March 2018, available at https://
www.telegraphindia.com/india/militants-victim/cid/1339483
16
. Reply of Minister of State in the Ministry of Home Affairs Hansraj Gangaram Ahir to
Unstarred Question No. 1060 in the Lok Sabha on 24 July 2018
17
. Reply of Minister of State in the Ministry of Home Affairs Hansraj Gangaram Ahir to
Unstarred Question No. 623 in the Lok Sabha on 06 February 2018
(13)
India: Annual Report on Torture 2018
upper caste for an alleged love affair with an upper caste girl at Satra
village in Churu district in Rajasthan. The police arrested two accused
identified as Shrawan and Dinesh Jangid of Satra village.18
The Courts, the National Human Rights Commission (NHRC) and the
State Human Rights Commissions (SHRCs) have intervened in a number
of cases to provide justice and reparation to the victims, or their family
members. The NHRC alone issued orders for compensation of Rs
8,52,95,000 in cases of torture and custodial deaths. However, these
interventions did not have necessary and desired impact to act as deterrent
to torture.
Impunity and absence of national anti-torture law perpetuates torture
and other cruel, inhuman or degrading treatment or punishment.
Government officials or members of the armed forces continued to enjoy
impunity under Section 197 of the Code of Criminal Procedure (CrPC),
Section 6 of the Armed Forces (Special Powers) Act, 1958 and its
analogous provision, Section 7 of the Armed Forces (Jammu and Kashmir)
Special Powers Act, 1990.19
As a result, the Central Bureau of Investigation
(CBI) despite orders from the Supreme Court has not been able to
prosecute accused members of the armed forces because of the refusal by
the State government of Manipur to provide sanction for registration of
FIRs in cases of fake encounter killings in Manipur. On 18 December
2018, the CBI wrote to the Chief Secretary, Government of Manipur,
stating that despite repeated requests, sanction of prosecution in seven
cases of extrajudicial executions by the security forces in Manipur had not
been received from the State government of Manipur although charge
sheets had been filed in the concerned trial Courts by the CBI.20
The failure to ratify the UNCAT and enact a national law against torture
has been a disgraceful case of non-implementation of the recommendations
of the National Human Rights Commission, assurances given by the
Government of India to the Lok Sabha (lower house of the Indian
Parliament) on 3 May 2000; three assurances given to the UN Human
18
. Dalit man beaten to death in Rajasthan, 2 arrested: police, The Indian Express, 21
October 2018, available at https://indianexpress.com/article/india/dalit-man-beaten-to-death-
in-rajasthan-2-arrested-police-5410889/
19
. The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 is available at https:/
/mha.gov.in/sites/default/files/The%20Armed%20Forces%20%28Jammu%20and%20
Kashmir %29%20 Special%20Powers%20Act%2C%201990_0.pdf
20
. Manipur Govt Yet to Give Permission to CBI to Prosecute ‘Fake Encounter’ Cases, The
Wire, 28 February 2019, available at https://thewire.in/law/manipur-govt-yet-to-give-
permission-to-cbi-to-prosecute-fake-encounter-cases
(14)
India: Annual Report on Torture 2018
Rights Council in 2008, 2012 and 2017; failure to present two Prevention
of Torture Bills respectively drafted by the Parliamentary Select Committee
of the Rajya Sabha in December 2010 and the Law Commission of India
in October 2017 before the Parliament, and false assurance given to the
Supreme Court of India during the hearing of the Writ Petition (Civil)
No. 738/2016 on 27 November 2017 to act on the Bill drafted by the
Law Commission of India. Aggrieved by false assurance given to the
Supreme Court, former Union Law Minister of India Dr Ashwini Kumar
once again moved a Miscellaneous Application to W.P.(C) NO.738/2016
before the Supreme Court seeking a direction to the Centre to frame a
law on custodial torture and inhuman treatment as India was a signatory
to the United Nations’ convention on torture. The Supreme Court has
reserved its judgement.
As India refuses to criminalise torture, the increasing incidents of torture
are no surprise.
(15)
India: Annual Report on Torture 2018
2. TORTURE IN POLICE CUSTODY
Highlights
Number of deaths in police custody during 2009-2010: 124 persons
Number of deaths in police custody during 2018: 147 persons
indicating 19% increase from 2009-2010
Key patterns of deaths in police custody:
- victims often died within 24 hours of the victims being taken
into custody, allegedly after developing sudden medical
complications ranging from uneasiness to brain haemorrhage,
soon after being taken into police custody. During 2018, at
least 27 persons died in such manner.
- police also claimed that the victis committed suicide by
hanging by a piece of cloths, wire, belt, rope, or even
innerwear!
- police also claimed that the victims suffered while trying to
escape and later succumbing to the injuries.
- Being beaten by unknown mob prior to the arrest/detention
is another cause of custodial death claimed by the police
- many victims were tortured to death for the failure to pay
bribe to policemen and many were tortured in front of family
members to extract bribes.
- many of the victims were tortured to death to extract
confessions.
- in some cases, after custodial deaths, the body of the victim
was dumped elsewhere by the police.
- there is little protection from custodial torture ever after being
produced before courts. A number of victims died in custody
as a result of torture after production before the courtsg.
I. PATTERNS AND PRACTICES OF TORTURE
As ACHR has stated above, a large majority of the cases of custodial
deaths took place as a result of torture. Torture remains endemic,
institutionalised and central to the administration of justice and counter-
terrorism measures.
An analysis of the cases of custodial deaths establishes the following
patterns of torture:
(16)
India: Annual Report on Torture 2018
First, most victims die within 24 hours of the victims being taken into
custody. The police in large majority of the cases claimed that the victims
died after developing sudden medical complications ranging from
uneasiness to brain haemorrhage, soon after being taken into police
custody especially during interrogation.
During 2018, at least 27 persons after developing sudden medical
complications after being taken into custody by police as given below:
1. Hasan Ali, aged 37 years, allegedly fell sick suddenly at Dhula Police
Station in Assam’s Darrang district and died at the Guwahati
Medical College and Hospital on the night of 9 January 2018;21
2. Ramakant whose health allegedly deteriorated suddenly in the
custody of Bhitaha Police Station in West Champaran district of
Bihar, and died at Padrauna hospital on 11 January 2018;22
3. Mariamma, aged 54 years, who allegedly complained of chest pain
during interrogation at Kalpakkam Police Station in Kanchipuram
district of Tamil Nadu and died in hospital on 15 January 2018;23
4. Anant Verma, aged 57 years, who allegedly suffered cardiac arrest
on his way to Habibganj Police Station, Bhopal, Madhya Pradesh
and died at hospital on the night of 17 January 2018;24
5. Sadiq Pasha, aged 40 years, who allegedly fell unconscious at the
Tilaknagar police in Bangaluru in Karnataka and died in hospital
on 20 January 2018;25
21
. 1 killed, 8 hurt in Assam highway firing, The Telegraph, 11 January 2018, available at
https://www.telegraphindia.com/states/north-east/1-killed-8-hurt-in-assam-highway-firing/
cid/1439142
22
. Stick on cop for custodial death, The Telegraph, 13 January 2018, available at https://
www.telegraphindia.com/states/bihar/stick-on-cop-for-custodial-death/cid/1383188
23
. Chennai: Woman held for theft dies in police custody, The Deccan Chronicle, 16 January
2018, available at https://www.deccanchronicle.com/nation/current-affairs/160118/chennai-
woman-held-for-theft-dies-in-police-custody.html
24
. Mantralay clerk dies in police custody, The Times of India, 19 January 2018, available at
https://timesofindia.indiatimes.com/city/bhopal/mantralay-clerk-dies-in-police-custody/
articleshow/62563679.cms
25
. Suspected bike thief dies in police custody, The Times of India, 22 January 2018, available
at https://timesofindia.indiatimes.com/city/bengaluru/suspected-bike-thief-dies-in-police-
custody/articleshow/62585783.cms
(17)
India: Annual Report on Torture 2018
6. Sewa Singh, aged 32 years, whose health allegedly deteriorated
during interrogation at Verka Police Station in Amritsar district of
Punjab and died in hospital on 27 January 2018;26
7. Selvam alias Perachi Selvam, aged 27 years, who allegedly developed
chest pain while being taken to Chennai for production before the
Advisory Committee hearing detention under the Goondas Act
on 30 January 2018 and died;27
8. Subash Chander alias Kaka, aged 50 years, who allegedly died of
cardiac arrest at Janipur Police Station in Jammu district of Jammu
and Kashmir, on 7 February 2018;28
9. Devtadeen, aged 40 years, a Dalit who died allegedly after falling
ill in the lock up of Kheri Police Station in Lakhimpur Kheri district
of Uttar Pradesh on 15 February 2018;29
10. Thiruvanchikkulam Yogesh, aged 42 years, a Dalit youth of Kerala,
who died in hospital after allegedly complaining of chest pain in
the custody of Special Investigating Team of Tamil Nadu Police on
21 April 2018;30
11. Premchand, aged 29 years, who died allegedly due to stroke when
the police took him to Yadgirigutta in Telangana to recover the
stolen property on 30 May 2018;31
26
. Protest after man dies in police custody, judicial probe ordered, The Tribune, 28 January
2018, available at https://www.tribuneindia.com/news/amritsar/protest-after-man-dies-in-
police-custody-judicial-probe-ordered/534834.html
27
. Remand prisoner dies in police custody, The Hindu; 30 January 2018, available at https:/
/www.thehindu.com/news/national/tamil-nadu/remand-prisoner-dies-in-police-custody-
virudhunagar/article22597138.ece
28
. Rape accused dies in police custody in Jammu, United News of India (UNI), 7 February
2018, available at http://www.uniindia.com/rape-accused-dies-in-police-custody-in-jammu/
states/news/1130393.html
29
. SI, head constable suspended in Dalit man’s custodial death, The Times of India, 21
February 2018
30
. Dalit man dies in Tamil Nadu police custody, The Times of India, 23 April 2018, available
at https://timesofindia.indiatimes.com/city/kochi/dalit-man-dies-in-tamil-nadu-police-
custody/articleshowprint/63879157.cms
31
. Suspected thief died in police custody at Hyderabad, The Times of India, 30 May 2018,
available at https://timesofindia.indiatimes.com/city/hyderabad/suspected-thief-died-in-
police-custody-at-hyderabad/articleshow/64390430.cms
(18)
India: Annual Report on Torture 2018
12. Kumaraselvam, aged 50 years, who allegedly suffered chest pain at
Madhukkur Police Station under Thanjavur district of Tamil Nadu
and died in hospital on 19 July 2018;32
13. Vidyadhar Kini, aged 46 years, who was declared brought death
at hospital after he allegedly suffered a seizure at Arnala coastal
Police Station in Palghar district of Maharashtra on 21 July 2018;33
14. Pappu Bheel, aged 30 years, a tribal who was reportedly taken to
hospital in critical condition and died while in the custody of Sadar
Police Station in Bundi district of Rajasthan on 27 August 2018;34
15. Shaik Babar Basha, aged 28 years, who died in hospital after allegedly
complaining of chest pain while in police custody at Ulavapadu
Police Station in Prakasam district of Andhra Pradesh on 6 October
2018;35
16. A. Karthik, aged 36 years, who died in a hospital after allegedly
complaining of chest pain while in custody of MKB Nagar Police
Station in Chennai, Tamil Nadu on 14 October 2018;36
17. Surubha Jhala, aged 35 years, who was declared death on arrival at
a hospital after he allegedly complained of feeling uneasiness during
interrogation at Bopal Police Station under Ahmedabad Rural
district of Gujarat on 15 October 2018;37
18. Ajit Pujari, aged 20 years, who was declared death on arrival at the
hospital after he allegedly suddently began vomiting during
32
. Man dies in police custody, The Hindu, 21 July 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/50-year-old-man-dies-in-police-
custody/article24478845.ece
33
. Hours after arrest, 46-yr-old dies in custody, The Times of India, 23 July 2018
34
. Rajasthan me yihan police hirasat me adivasi yuvak ki sandigdh maut, sharir se bahar nikli
thi aatein, Patrika.com, 28 August 2018, available at https://www.patrika.com/bundi-news/
death-of-theft-accused-in-police-custody-in-bundi-3323053/
35
. Man dies in police custody, The Hindu, 8 October 2018, available at https://
www.thehindu.com/news/national/andhra-pradesh/man-dies-in-police-custody/
article25151371.ece
36
. 36-year-old Chennai man dies in police custody, relatives allege foul play, The New Indian
Express, 15 October 2018, available at http://www.newindianexpress.com/cities/chennai/
2018/oct/15/36-year-old-chennai-man-dies-in-police-custody-relatives-allege-foul-play-
1885612.html
37
. Man dies in police custody, The Times of India, 16 October 2018, available at https://
timesofindia.indiatimes.com/city/ahmedabad/man-dies-in-police-custody/articleshowprint/
66228951.cms
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India: Annual Report on Torture 2018
questioning at the Swargate Police Station in Pune, Maharashtra
on 18 October 2018;38
19. Swaminathan, aged 39 years, who allegedly complained of
discomfort soon after arrest and died in hospital in Kozhikode,
Kerala on 3 November 2018;39
20. Pradeep Kalyan Kute, aged 28 years, who was declared brought
dead in hospital after he was allegedly found unconscious at the
police outpost under Madha Police Station in Solarpur district of
Maharashtra on 4 November 2018;40
21. Krishnamurthy Naidu, aged 53 years, who was brought dead in
the hospital after he allegedly complained of chest pain at
Ramamurthynagar Police Station in Bengaluru, Karnataka on 2
December 2018;41
22. Bittu Shah, a Dalit, who died after allegedly falling ill at the Gate
Hakima Police Station in Amritsar city, Punjab on 2 December
2018;42
23. Shamsuddin Shaikh who died after allegedly having convulsions
at Vatva Police Station in Ahmedabad, Gujarat on 4 December
2018;43
24. Rajesh, aged 29 years, who allegedly suffered brain haemorrhage
in the custody of Crime Investigation Agency (CIA) and died at
38
. Youth suffers heart attack in Police Station, dies later, The Times of India, 20 October
2018, available at https://timesofindia.indiatimes.com/city/pune/youth-suffers-heart-attack-
in-police-station-dies-later/articleshowprint/66289857.cms
39
. Tamil Nadu native dies in police detention; Kin allege custodial torture, The New Indian
Express, 4 November 2018, available at http://www.newindianexpress.com/states/kerala/
2018/nov/04/tamil-nadu-native-dies-in-police-detention-kin-allege-custodial-torture-
1894019.html
40
. 2 cops booked in custodial death case, CID to probe, Times of India, 6 November 2018,
available at https://timesofindia.indiatimes.com/city/pune/2-cops-booked-in-custodial-death-
case-cid-to-probe/articleshowprint/66518215.cms
41
. 53-year-old murder suspect dies in Police Custody, The Deccan Herald, 4 December
2018, available at https://www.deccanherald.com/city/53-year-old-murder-suspect-
706319.html
42
. Cong worker dies in custody- Kin pelt policemen with stones, two injured, The Tribune,
3 December 2018, available at https://www.tribuneindia.com/news/punjab/cong-worker-
dies-in-custody/692588.html
43
. Gambling den operator dies in police custody, The Times of India, 6 December 2018,
available at https://timesofindia.indiatimes.com/city/ahmedabad/gambling-den-operator-
dies-in-police-custody/articleshowprint/66960985.cms
(20)
India: Annual Report on Torture 2018
the Post Graduate Institute of Medical Sciences, Rohtak, Haryana,
on 14 December 2018;44
25. M Jayakumar, aged 21 years, who was declared brought death in
hospital after he allegedly suffered seizure at Esplanade Police
Station in Chennai, Tamil Nadu on 21 December 2018;45
26. Rahul Singla who died at the Civil Hospital at Yamunanagar in
Haryana after allegedly falling sick during interrogation at the
Women Police Station in Yamunanagar on 25 December 2018;46
and
27. Bal Kishan, aged 30 years, a Dalit who was declared death on arrival
in hospital after allegedly falling ill at the Dhanaura Police Station
in Amroha district of Uttar Pradesh on 26 December 2018.47
During 2018, those who died in police custody due to medical
complications are in the age group of 21 years to 57 years. Often, those
arrested were healthy and with no past record of medical complication.
The victims were allegedly tortured to death and medical complications
became alibi.
Second, suicides in police custody were often claimed by the police as
the reason for custodial death. During 2018, the police claimed that
suicide was committed mostly by hanging by piece of cloths, wire, belt,
rope, etc. Police even made bizarre claims like the deceased committing
suicide by hanging with his innerwear!48
A few also allegedly consumed
poison while at least one person banged his head against wall till he died!
In most cases, the family members of the deceased rejected the claims of
suicide and alleged torture to be the cause of death. In some cases, marks
44
. Kin protest youth’s death in police custody, The Tribune, 16 December 2018, available at
https://www.tribuneindia.com/news/haryana/kin-protest-youth-s-death-in-police-custody/
698916.html
45
. Chennai man dies in Police Station, kin allege custodial death, The New Indian Express,
22 December 2018, available at http://www.newindianexpress.com/cities/chennai/2018/dec/
22/chennai-man-dies-in-police-station-kin-allege-custodial-death-1915092.html
46
. Molestation suspect dies; wife cries foul, The Tribune, 26 December 2018, available at
https://www.tribuneindia.com/news/haryana/molestation-suspect-dies-wife-cries-foul/
703983.html
47
. Dalit man dies in custody in UP’s Amroha, The Telegraph, 27 December 2018, available
at https://www.telegraphindia.com/india/dalit-man-dies-in-custody-in-up-s-amroha/cid/
1680080
48
. Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3
May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police-
custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms
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of torture was seen or established in post mortem reports. Most victims
purportedly committed suicide within 24 hours of their detention, that
is, before the production before the magistrate.
During 2018, at least 19 persons committed suicide in Police Stations,
mostly as a result of alleged torture. The victims included (1) Deepak
alias Pope who allegedly hanged by a gamcha (a piece of towel) in the
Karawal Nagar Police Station in Delhi on 16 January 2018;49
(2) Abinash
Munda, a tribal, who allegedly hanged himself using a bedsheet at the
Ainthapalli Police Station in Sambalpur district of Odisha on 8 February
2018;50
(3) Dalbir Singh who allegedly jumped from the second floor of
the Naraina Police Station in Delhi on 21 February 2018;51
(4) Babban
Sah who allegedly attempted suicide at Kaler Police Station in Arwal
district of Bihar on 21 March 2018 and died of injuries;52
(5) Parupalli
Ramunaidu who allegedly hanged in the bathroom of Atchutapuram
Police Station in Visakhapatnam district of Andhra Pradesh on 25 April
2018;53
(6) Sitrarasu who allegedly hanged himself using his innerwear
in a washroom of at the Chunambedu Police Station in Kancheepuram
district of Tamil Nadu on 2 May 2018;54
(7) Soni, a Dalit woman, who
allegedly hanged herself from ceiling fan at night in the police custody at
Najibabad Police Station in Bijnor district of Uttar Pradesh on 28 May
2018;55
(8) Sunil Kachhap who allegedly committed suicide by banging
his head against the wall of the lock-up at Jagannathpur Police Station in
Ranchi in Jharkhand on 17 June 2018;56
(9) Murthy alias Thammaiah
49
. Four policemen suspended over custodial death of 19-yeawr-old, The Pioneer, 17 January
2018
50
. Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9
February 2018, available at https://www.hindustantimes.com/india-news/tribal-youth-
commits-suicide-in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html
51
. Mystery surrounds Naraina custodial death, The Hindustan Times, 22 February 2018,
available at https://www.hindustantimes.com/delhi-news/mystery-surrounds-naraina-
custodial-death/story-BgIHb73rZUWkCzavMD001O.html
52
. Mob fury after death in custody, The Telegraph, 22 March 2018, available at: https://
www.telegraphindia.com/states/bihar/mob-fury-after-death-in-custody/cid/1438623
53
. Custodial death in Atchutapuram Police Station, The Times of India, 25 April 2018,
available at https://timesofindia.indiatimes.com/city/visakhapatnam/custodial-death-in-
atchutapuram-police-station/articleshowprint/63912365.cms
54
. Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3
May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police-
custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms
55
. On the run, Dehradun interfaith couple detained by Bijnor police; woman commits
suicide in custody, The Times of India, 29 May 2018, available at https://
timesofindia.indiatimes.com/city/meerut/on-the-run-dehradun-interfaith-couple-detained-by-
bijnor-police-woman-commits-suicide-in-custody/articleshowprint/64374993.cms
56
. ‘Suicide’ in police custody, The Telegraph, 18 June 2018
(22)
India: Annual Report on Torture 2018
who allegedly hanged himself inside a bathroom of the Mandya West
Police Station in Mandya in Karnataka on 13 July 2018;57
(10) Anish
who allegedly hanged himself in the toilet in the Medical College Hospital
in Thiruvananthapuram, Kerala while under custody of the Excise officials
on 25 July 2018;58
(11) Sohaib Khan who allegedly hanged himself in
the bathroom at the Bagh Police Station under Dhar district of Madhya
Pradesh on 11 August 2018;59
(12) Lubaram Uttamaram, a Dalit, who
allegedly hanged himself with a rope at Dhanera Police Station under
Banaskantha district of Gujarat on 19 August 2018 within 15 minutes of
his detention on 19 August 2018;60
(13) Prahlad Singh who allegedly
hanged himself by a piece of cloth obtained by tearing a blanket in the
lock-up of Kumher Police Station in Bharatpur district of Rajasthan on
24 August 2018;61
(14) Dichkya alias Sonya Daulat Jadhav who allegedly
hanged himself with a bedsheet inside the toilet of Sinnar Police Station
under Nashik district in Maharashtra on 25 August 2018;62
(15) Anuraj
Rajput who allegedly consumed poison at Kareli Police Station under
Narsinghpur district of Madhya Pradesh on 12 September 2018;63
(16)
Rolongse alias Akum who allegedly hanged himself with a belt at Mon
Police Station in Mon district of Nagaland on 4 October 2018;64
(17)
Balraj Singh alias Raja, a Dalit, who allegedly committed suicide by
hanging himself at the Police Station lock-up of Gidderbaha Police Station
57
. Lock-Up Death In Mandya: 4 Cops Suspended; CID Probe Ordered, The Star of Mysore,
16 July 2018
58
. Relatives of youth found hanging in Medical College Hospital allege custodial torture,
The New Indian Express, 29 July 2018, available at http://www.newindianexpress.com/
states/kerala/2018/jul/29/relatives-of-youth-found-hanging-in-medical-college-hospital-
allege-custodial-torture-1850036.html
59
. Man Commits Suicide In Police Station, Relatives Allege Custodial Torture, NDTV, 12
August 2018, available at https://www.ndtv.com/cities/man-arrested-commits-suicide-in-
police-station-relatives-allege-torture-1899347
60
. Gujarat: Dalit man dies in police custody, activists claim he was beaten to death, Scroll.in,
20 August 2018, available at https://scroll.in/latest/891202/gujarat-dalit-man-dies-in-police-
custody-activists-claim-he-was-beaten-to-death
61
. Judicial probe ordered into ex-serviceman’s death in Rajasthan prison, DNA, 29 August
2018, available at https://www.dnaindia.com/india/report-judicial-probe-ordered-into-ex-
serviceman-s-death-in-rajasthan-prison-2656162
62
. Two cops suspended over youth’s suicide, The Times of India, 26 August 2018, available
at https://timesofindia.indiatimes.com/city/nashik/two-cops-suspended-over-youths-suicide/
articleshow/65553598.cms
63
. Man dies in police custody at Kareli in MP, 5 cops suspended, Business Standard, 12
September 2018, available at: https://www.business-standard.com/article/pti-stories/man-
dies-in-police-custody-at-kareli-in-mp-5-cops-suspended-118091201296_1.html
64
. Two cops suspended over custodial death in Mon, Eastern Mirror, 6 October 2018,
available at:http://www.easternmirrornagaland.com/two-cops-suspended-over-custodial-
death-in-mon/
(23)
India: Annual Report on Torture 2018
under Muktsar district of Punjab on 31 October 2018;65
(18) Rajesh
Kumar, a Dalit, who allegedly hanged himself using a wire at the city
Police Station in Jhajjar in Haryana on 27 November 2018;66
and (19)
Jai Lakra, a tribal who allegedly hanged himself inside the bathroom of
Rajgangpur Police Station in Sundargarh district of Odisha on 5 December
2018.67
Third, police also claimed the victims died after suffering injuries while
trying to escape and later succumbed to the injuries. Those who were
killed in custody under such circumstances were M Sahul Hameed, aged
21 years, who died on 28 January 2018 after their motorcycle skidded
and suffered head injuries while trying to allegedly escape from police in
Coimbatore Rural district of Tamil Nadu on 22 January 2018;68
Bobby,
aged 35 years, who died on 25 February 2018 after allegedly jumping off
the police van and ran over by a speeding truck in Jahangirpur area of
Greater Noida, Uttar Pradesh;69
N Murugesan, aged 28 yaers, who died
at Tirunelveli Medical College and Hospital in Chennai 30 March 2018
after his motorcycle allegedly met an accident when he allegedly tried to
flee from police custody;70
and Javed Malik, aged 38 years, who allegedly
died after falling into a gorge while trying to escape from police custody
in Kishtwar district in Jammu and Kashmir on 20 July 2018.71
Fourth, police often claimed victims dying in their custody after being
beaten by unknown mob prior to their arrest/detention. Those who died
in custody under such circumstances were Shankar Maniyar, aged 45
65
. Day after youth’s suicide in lock-up, kin block highway, Tribune, 2 November 2018,
available at: https://www.tribuneindia.com/news/punjab/day-after-youth-s-suicide-in-lock-
up-kin-block-highway/677545.html
66
. In custodial death of Dalit youth, Kejriwal demands CBI probe, The Hindustan Times, 4
December 2018, available at https://www.hindustantimes.com/india-news/in-custodial-death-
of-dalit-youth-kejriwal-demands-cbi-probe/story-P5RQJAWECDGqEzUJ2EvgeL.html
67
. Youth’s ‘custodial death’ in Police Station in Sundargarh; probe underway, The Pragativadi,
6 December 2018, available at http://pragativadi.com/custodial-death-youth-found-hanging-
in-police-station-in-sundargarh/
68
. Custodial death case registered after youth dies in CMCH, The Times of India, 29 January
2018, available at https://timesofindia.indiatimes.com/city/coimbatore/custodial-death-case-
registered-after-youth-dies-in-cmch/articleshow/62686939.cms
69
. Man jumps off police vehicle, dies after getting hit by speeding truck, The Times of India,
25 February 2018, available at https://timesofindia.indiatimes.com/city/noida/man-jumped-
off-police-vehicle-died-after-hit-by-speeding-truck/articleshow/63071345.cms
70
. Man fleeing cops ‘injured in accident’, dies, The Times of India, 31 March 2018, available
at https://timesofindia.indiatimes.com/city/madurai/man-fleeing-cops-injured-in-accident-
dies/articleshow/63551223.cms
71
. Custody death protest, The Telegraph, 25 July 2018, available at https://
www.telegraphindia.com/india/custody-death-protest/cid/1352176
(24)
India: Annual Report on Torture 2018
years, who died in police custody at Vadgam in Banaskantha district of
Gujarat on 14 January 2018 after allegedly being beaten up by a mob the
previous day;72
and Raja, aged 24 years, who was allegedly injured in
beating by the public prior to his detention at the Satyavedu Police Station
in Andhra Pradesh and succumbed to injuries at the Government Hospital,
Satyavedu on 9 June 2018.73
Fifth, many were tortured to death for the failure to pay bribe to
policemen. Those who were killed in custody for being unable to pay
bribes were Sandeep, a Dalit aged 25 years, who died on 16 August
2018 due to alleged torture at Rampura Police Outpost in Rudrapur
under Udham Singh Nagar district of Uttarakhand allegedly for not
paying Rs 50,000 demanded by the police;74
and Umesh Solanki, aged
33 years, who was tortured to death for allegedly not paying Rs 70,000
to the policemen at Kagdapith Police Station in Ahmedabad, Gujarat on
5 December 2018;75
In order to extract bribes, victims were often tortured in front of their
relatives, such as Manoj Soni who died on 15 March 2018 after he was
allegedly tortured in front of his wife Neelu Soni at the Rahatgarh Police
Station in Sagar district of Madhya Pradesh;76
Sukhraj Singh, aged 56
years, who died on 25 July 2018 after he was allegedly tortured in front
of his family members at the time of arrest from his home at Indira Colony
in Chandigarh;77
Maskur Nabi, aged 60 years, who died due to alleged
torture in front of his family members by the police personnel from Bisauli
Police Station on 8 August 2018 at Sangrampur village under Badaun
district of Uttar Pradesh;78
Arun, aged 29 years, who was allegedly beaten
72
. Theft accused dies in police custody, mob booked for murder, The Statesman, 15 January
2018, available at https://www.thestatesman.com/cities/theft-accused-dies-police-custody-
mob-booked-murder-1502564986.html
73
. A.P. police deny custodial death, Hindu, 9 June 2018, available at https://
www.thehindu.com/news/cities/chennai/ap-police-deny-custodial-death/article24117666.ece
74
. Undertrial dies in Haldwani jail, family alleges ‘torture’ by cops, The Times of India, 18
August 2018
75
. Dalit man in hospital after ‘cops thrash him all night’, The Ahmadabad Mirror, 8 November
2018, available at https://ahmedabadmirror.indiatimes.com/ahmedabad/others/dalit-man-
in-hospital-after-cops-thrash-him-all-night/articleshowprint/66993761.cms?prtpage=1
76
. Magisterial inquiry ordered into Sagar ‘custody’ death, The Times of India, 16 March
2018, available at https://timesofindia.indiatimes.com/city/bhopal/magisterial-inquiry-
ordered-into-sagar-custody-death/articleshow/63336060.cms
77
. Chandigarh: Family alleges police torture, SSP orders probe into death of power board
staffer, The Indian Express, 27 July 2018, available at https://indianexpress.com/article/
cities/chandigarh/chandigarh-family-alleges-police-torture-ssp-orders-probe-into-death-of-
power-board-staffer-5278631/
78
. Three cops booked for culpable homicide, The Times of India, 10 August 2018
(25)
India: Annual Report on Torture 2018
by the police in front of his wife Rinku on 12 August 2018 at New Anaj
Mandi, Salarpur road under Kurukshetra district of Haryana;79
and
Vaidhnath Choudhary, aged 40 years, who died of torture allegedly in
front of his son Rakesh at the Karni Vihar Police Station in Jaipur,
Rajasthan on 22 October 2018.80
For illegal gratification, many victims were falsely implicated and tortured
to death. The victims included Narendra Kumar, aged 34 years, who
died at Mawana Police Station in Meerut district of Uttar Pradesh on 24
April 2018;81
Jogendra Das, aged 40 years, who died in the custody of
Astaranga Police Station in Puri district of Odisha on 28 November
201882
Sixth, cases of torture to death to extract confessions were widely reported.
Those killed police custody to extract confessions during 2018 were
Qamar Qureshi, aged 22 years, who died allegedly due to torture to
extract confessions at Aashiana police in Lucknow, Uttar Pradesh on 28
April 2018;83
M Manikandan, aged 25 years, who was allegedly tortured
to death in the custody of Mudukulathur Police Station in Tamil Nadu
to extract confessions on 2 August 2018;84
Raju Gupta, aged 30 years,
died allegedly due to torture to extract confession in custody of Sikandra
Police Station in Agra district, Uttar Pradesh on 22 November 2018;85
Seventh, in many instances, after the death of the person in police custody,
the body of the victim was dumped elsewhere. Those who were killed in
such manner in 2018 included Harnek Singh, aged 70 years, who was
79
. NHRC Case No.1984/7/11/2018
80
. Man ‘beaten up’ by cops inside Karni Vihar Police Station, dies, Times of India, 24
October 2018, available at https://timesofindia.indiatimes.com/city/jaipur/man-beaten-up-
by-cops-inside-karni-vihar-police-station-dies/articleshow/66341129.cms
81
. Uttar Pradesh: Man held for cow slaughter dies in custody; Gujjars threaten protests, The
Indian Express, 30 April 2018, available at https://indianexpress.com/article/cities/lucknow/
uttar-pradesh-man-held-for-cow-slaughter-dies-in-custody-gujjars-threaten-protests-
5156669/
82
. Man dies after ‘police torture’, The Orissa Post, 29 November 2018, available at http://
www.orissapost.com/man-dies-after-police-torture/
83
. Murder suspect dies after police torture, cops booked, The Times of India, 5 May 2018,
available at https://timesofindia.indiatimes.com/city/lucknow/murder-suspect-dies-after-
police-torture-cops-booked/articleshow/64036822.cms
84
. Family stages protest alleging custodial death, New Indian Express, 4 August 2018,
available at http://www.newindianexpress.com/states/tamil-nadu/2018/aug/04/family-stages-
protest-alleging-custodial-death-1852982.html
85
. Chori ki shak me Sikandra thane laye gaye yuvak ne dum tor diya, Amar Ujala, 22
November 2018, available at http://epaper.amarujala.com/agra-city/20181123/
03.html?format=img&ed_code=agra-city
(26)
India: Annual Report on Torture 2018
allegedly tortured to death but his dead body dumped near Kakrala village
after alleged torture at Ghagga Police Station Patiala district of Punjab on
3 January 2018;86
Suresh, a Dalit aged 40 years, who was arrested by the
Special Force of the Tamil Nadu Police but his body was found near the
Kil Ambi lake in Kancheepuram, Tamil Nadu on 14 February 2018;87
Shivprasad Patel, aged 45 years, who was allegedly killed in police custody
in Panagar area of Jabalpur district in Madhya Pradesh for not paying
bribe and his body was dumped near Devri railway crossing on 22 February
2018;88
Sukal Sai Paharia who was summoned to the Boden Police Station
on 19 April 2018, as an alleged Maoist cadre and later his alleged skeletal
was recovered from a place 15 kilometres away from the Boden Police
Station on 9 June 2018;89
Moulishwaran, aged 22 years, whose body
was recovered from the railway track near Ponneri in Chennai, Tamil
Nadu on 25 August 2018 after he was allegedly picked up by the Railway
Protection Force;90
Abinas Paital, aged 23 years, who was found hanging
in a house located near the Mahakalpada Police Station in Kendrapada
district of Odisha on 26 August 2018, a day after being allegedly picked
up by the police in a case of mobile phone theft;91
and Govind, a Dalit
shopkeeper aged 30 years, who was found lying unconscious outside his
shop after he was allegedly detained at Rampur Kalan Police Station in
Sitapur district of Uttar Pradesh on 11 September 2018.92
Finally, it is often construed that once a detainee is produced before the
magistrate, the victim shall not be tortured as the courts are monitoring
the cases. The law provides that the victims must be produced before the
judicial magistrate with 24 hours of detention.
86
. 3 cops suspended in 70-year-old’s custodial death case, The Times of India, 5 January
2018, available at https://timesofindia.indiatimes.com/city/chandigarh/3-cops-suspended-
in-70-yr-olds-custodial-death-case/articleshow/62372941.cms
87
. Dalit lorry driver killed by Tamil Nadu Special Forces in custody, alleges family,
TwoCircles.net, 16 February 2018, available at http://twocircles.net/2018feb16/420900.html
88
. Mob rampage over driver’s ‘custody death’, The Times of India, 23 February 2018, available
at https://timesofindia.indiatimes.com/city/bhopal/mob-rampage-over-drivers-custody-death/
articleshow/63042251.cms
89
. Custody death cry in Nuapada, The Telegraph, 12 June 2018, available at https://
www.telegraphindia.com/states/odisha/custody-death-cry-in-nuapada/cid/1416581
90
. Youth taken to RPF post for inquiry found dead in Ponneri, The Hindu, 27 August 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-taken-
for-inquiry-found-dead-on-track/article24788160.ece
91
. Lockup death: Widow threatens immolation, The New Indian Express, 5 September
2018, available at http://www.newindianexpress.com/states/odisha/2018/sep/05/lockup-
death-widow-threatens-immolation-1867769.html
92
. Uttar Pradesh: Cops booked for custodial death of farmer, National Herald, 15 September
2018, available at https://www.nationalheraldindia.com/india/up-cops-booked-for-custodial-
death
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India: Annual Report on Torture 2018
However, a number of victims died in custody as a result of torture after
production before the judge. On 7 August 2018, the dead body of
Chandan Bharali, aged 23 years, who was arrested in Guwahati in Assam
in a case of blackmailing and remanded to police custody for three days
by the Chief Judicial Magistrate, Kamrup, Guwahati was allegedly found
hanging from a tree, about 150 metres away from the Panikhaiti police
outpost in Guwahati the next morning.93
Other custodial deaths after
production before the magistrate included Phurailatpam Rocket Sharma
alias Inaocha alias Biswanath Sharma, aged 60 years, former vice president
of Barak Valley Drivers’ Union, who allegedly died in police custody in
Silchar, Assam, before his release on bail on 14 January 2018;94
and
Mohammad Islam Qureshi, aged 30 years, who was allegedly tortured to
death in police custody at Rampur District Collector’s office in Rampur
District of Uttar Pradesh on 13 August 2018, a day after he had surrendered
before the Additional Chief Judicial Magistrate, Rampur District.95
A. Custodial deaths
i. Emblematic cases of custodial deaths through torture
ACHR documented a number of cases of death in police custody as a
result of torture during 2018. In some cases, torture also allegedly led to
suicide by the victims outside the police custody.
On 3 January 2018, Harnek Singh, aged 70 years, a resident of Belumajra
village in Patiala district of Punjab, died due to alleged torture in the
custody of Ghagga Police Station in Patiala district, a day after being
picked up the previous day for inquiry in a case related to drugs. The
deceased’s family alleged that he was tortured to death in police custody
and demanded action against the erring policemen.96
A case was registered
against head constables Jaswinder Singh, Bhola Singh and Gurmail Singh
of Ghagga Police Station and two unidentified persons under Section
302 (murder) of the Indian Penal Code (IPC).97
According to the First
Information Report (FIR), Harnek Singh was tortured while being taken
93
. Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https://
www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238
94
. Driver dies, family suspects foul play, The Sangai Express, 23 January 2018, available at
http://e-pao.net/GP.asp?src=14..230118.jan18
95
. Man dies in police custody, family demands probe, The Times of India, 13 August 2018
96
. Held in drug case, man dies in police custody, The Tribune, 3 January 2018, available at
https://www.tribuneindia.com/news/punjab/held-in-drug-case-man-dies-in-police-custody/
522847.html
97
. Ibid
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India: Annual Report on Torture 2018
into a jeep by three policemen and two unidentified men and dumped
the body near Kakrala village in Patiala district.98
On the night of 9 January 2018, Hasan Ali, aged 37 years, a resident of
Dhula in Darrang district of Assam, died in the police custody after he
was arrested from his home on charges of possessing illegal arms. The
police claimed that he fell sick and died at Guwahati Medical College and
Hospital. However, the family of the deceased alleged that Ali died in
police custody due to torture at Dhula Police Station. The custodial
death triggered a protest on 10 January 2018 in which the police opened
fire killing one person named Islam, aged 25 years, and injuring eight
others. The district administration ordered a magisterial inquiry and
suspended Dhula Police Station officer-in-charge Ranjit Hazarika.99
On 11 January 2018, Ramakant, a resident of Rupauli Chowk under
Bhitaha Police Station in West Champaran district of Bihar, died due to
alleged torture in Bhitaha Police Station. The deceased was picked up for
interrogation in connection with a fight involving some groups. The
family members of the deceased alleged that police tortured him in the
lock-up as a result of which his condition deteriorated at night and he
was taken to Padrauna hospital where he died. The Station House Officer
(SHO) of Bhitaha Police Station was suspended the next day.100
On 14 January 2018, Phurailatpam Rocket Sharma alias Inaocha alias
Biswanath Sharma, aged 60 years, former vice president of Barak Valley
Drivers’ Union, died due to alleged torture in police custody at the Silchar
Medical College in Assam. He was arrested on 17 November 2017 in
connection with an FIR registered at Silchar Police Station under Sections
419/420/406 IPC was sent to judicial custody by the Chief Judicial
Magistrate, Silchar the next day. The Court also ordered that he be released
on furnishing necessary bail bond on 17 January 2018 and was therefore
waiting for his release. But Ph Rocket’s wife Phurailatpam (O) Kodombini
received a phone call on 14 January 2018 that Rocket suffered a heart
attack and he had been taken to Silchar Medical College for treatment.
The deceased’s family members alleged that they found tell-tale sign of
98
. 3 cops suspended in 70-year-old’s custodial death case, The Times of India, 5 January
2018, available at https://timesofindia.indiatimes.com/city/chandigarh/3-cops-suspended-
in-70-yr-olds-custodial-death-case/articleshow/62372941.cms
99
. 1 killed, 8 hurt in Assam highway firing, The Telegraph, 11 January 2018, available at
https://www.telegraphindia.com/states/north-east/1-killed-8-hurt-in-assam-highway-firing/
cid/1439142
100
. Stick on cop for custodial death, The Telegraph, 13 January 2018, available at https://
www.telegraphindia.com/states/bihar/stick-on-cop-for-custodial-death/cid/1383188
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India: Annual Report on Torture 2018
torture on the deceased’s body such as bruises and stitches at the back of
his head and his shoulders, blood near his mouth, and sunken stomach.101
On the night of 17 January 2018, Anant Verma, aged 57 years, a resident
of Shivaji Nagar in Bhopal, Madhya Pradesh, died due to alleged torture
in police custody. The police claimed that the deceased suffered cardiac
arrest on his way to Habibganj Police Station and was taken to JP hospital
where he died. The deceased’s family, however, alleged that the policemen
slapped him several times and dragged him down the stairs, despite their
pleas that Verma was a heart patient.102
On 20 January 2018, Sadiq Pasha, aged 40 years, a resident of Mico
Layout, Bangaluru in Karnataka, died in the custody of Tilaknagar Police
Station in Bangaluru under suspicious circumstances. The deceased was
picked up along with his relative Amin Pasha on the night of 19 January
2018 for questioning relating to theft of a two-wheeler. Police claimed
that he fell unconscious in Tilaknagar Police Station at midnight and was
taken to a hospital where he died. A departmental inquiry was ordered
to investigate the circumstances of his death in police custody.103
On 27 January 2018, Sewa Singh, aged 32 years, a resident of Guru
Nanak Nagar in Amritsar district of Punjab, died in police custody due
to alleged torture in Verka Police Station in Amritsar district. Police
claimed that the condition of the deceased deteriorated during
interrogation and he was taken to a hospital where he died during
treatment. But the family of the deceased alleged that he was tortured to
death. Harbhajan Singh, father of the deceased, said the police took away
his son at around 5.30 am on 27 January 2018 and the police informed
the family about his death at around 9 am. He further stated that his son
was in good health and that the police tortured his son to death.104
On 28 January 2018, M Sahul Hameed, aged 21 years, a resident of SM
Nagar under Coimbatore Rural district of Tamil Nadu, died due to alleged
torture in police custody. The police claimed that on 22 January 2018,
101
. Driver dies, family suspects foul play, The Sangai Express, 23 January 2018, available at
http://e-pao.net/GP.asp?src=14..230118.jan18
102
. Mantralay clerk dies in police custody, The Times of India, 19 January 2018, available at
https://timesofindia.indiatimes.com/city/bhopal/mantralay-clerk-dies-in-police-custody/
articleshow/62563679.cms
103
. Suspected bike thief dies in police custody, The Times of India, 22 January 2018, available
at https://timesofindia.indiatimes.com/city/bengaluru/suspected-bike-thief-dies-in-police-
custody/articleshow/62585783.cms
104
. Protest after man dies in police custody, judicial probe ordered, The Tribune, 28 January
2018, available at https://www.tribuneindia.com/news/amritsar/protest-after-man-dies-in-
police-custody-judicial-probe-ordered/534834.html
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India: Annual Report on Torture 2018
M Sahul Hameed and M Syed Ibrahim had snatched the handbag from a
woman but while trying to escape their motorcycle skidded and they
suffered head injuries. But the relatives of the deceased alleged custodial
torture as cause of the death. Based on their demand a case was registered
under Section 176 (i) of the CrPC.105
On 30 January 2018, Selvam alias Perachi Selvam, aged 27 years, from
Tirunelveli in Tamil Nadu died in police custody while allegedly being
escorted to Chennai to be produced before the Advisory Committee
hearing Goondas Act detention. The deceased was accused in the murder
of his friend Daniel alias Diwakar and lodged in Palayamkottai Central
Prison in November 2017. The police claimed that the deceased developed
chest pain when the police vehicle was going near RR Nagar. He was
rushed to a private hospital, where the doctors advised the police to
admit him to a government hospital. He was immediately admitted to
Virudhunagar Government Hospital, where an electrocardiogram was
done. After being in observation for nearly an hour, he was referred to
Government Rajaji Hospital in Madurai. However, when the ambulance
was about to leave the hospital, Selvam allegedly suffered fits and was
once again taken to the emergency ward, where he died.106
On 7 February 2018, Subash Chander alias Kaka, aged 50 years, a resident
of Janipur in Jammu district of Jammu & Kashmir, died due to alleged
torture at Janipur Police Station in Jammu district. The deceased was
arrested by the police on 2 February in connection with a rape case lodged
by the family of a minor girl and was on 10-day police remand. The
police claimed that he died of cardiac arrest.107
But the family of the
deceased alleged that he was beaten to death inside the lock-up.108
On 22 February 2018, Shivprasad Patel, aged 45 years, an auto rickshaw
driver, died due to alleged custodial torture in Panagar area of Jabalpur
district in Madhya Pradesh. The deceased’s family members alleged that
105
. Custodial death case registered after youth dies in CMCH, The Times of India, 29
January 2018, available at https://timesofindia.indiatimes.com/city/coimbatore/custodial-
death-case-registered-after-youth-dies-in-cmch/articleshow/62686939.cms
106
. Remand prisoner dies in police custody, The Hindu; 30 January 2018, available at https:/
/www.thehindu.com/news/national/tamil-nadu/remand-prisoner-dies-in-police-custody-
virudhunagar/article22597138.ece
107
. Rape accused dies in police custody in Jammu, United News of India (UNI), 7 February
2018, available at http://www.uniindia.com/rape-accused-dies-in-police-custody-in-jammu/
states/news/1130393.html
108
. ‘Rape accused’ dies in police custody, magisterial enquiry ordered, State Times News, 8
February 2018, available at http://news.statetimes.in/rape-accused-dies-in-police-custody-
magisterial-enquiry-ordered/
(31)
India: Annual Report on Torture 2018
Patel was picked up by two constables after he refused to pay a weekly
bribe of Rs 200. The Times of India reported that some local residents
claimed to have seen two constables dumping Patel’s body near Devri
railway crossing. Further, the incharge of Panagar Police Station allegedly
hit Patel’s son with a stick when he was grieving near to the dead body.
The alleged custodial death and police brutality led to violent protests
by the people and the police had to resort to tear gas and lathi (baton)
charge to control the situation.109
On 25 February 2018, Bobby, aged 35 years, a resident of Jahangirpur in
Gautam Buddha Nagar district of Uttar Pradesh, died under mysterious
circumstances in police custody. The police claimed that he jumped off
the police van and was run over by a speeding truck in Jahangirpur area
of Greater Noida. The deceased was one of the two suspects who were
arrested for selling illegal liquor and being taken from Jahangirpur chowki
to Jewar Police Station when the incident occurred. The family members
of the deceased alleged that the police had arrested Bobby and Kallu with
some liquor and demanded Rs 50,000 for their release and suspected
that Bobby was pushed off the police van.110
On 15 March 2018, Manoj Soni, a shopkeeper, who went to the police
to report a case of theft of his belongings, was allegedly tortured to death
at the Rahatgarh Police Station in Sagar district of Madhya Pradesh.
Manoj’s wife Neelu Soni alleged, “My husband was beaten in front of me.
When I requested the police to let my husband go, they denied and asked me to
come in the morning”. She claimed that when she reached the Police Station
the next morning her husband had already died. The post-mortem
reportedly revealed “injury marks” including on the head of the deceased.111
On 30 March 2018, N Murugesan, aged 28 years, a resident of Ullaasa
Nagar near Kodarankulam in Tirunelveli district of Tamil Nadu, died at
Tirunelveli Medical College and Hospital after his arrest. Police claimed
109
. Mob rampage over driver’s ‘custody death’, The Times of India, 23 February 2018,
available at https://timesofindia.indiatimes.com/city/bhopal/mob-rampage-over-drivers-
custody-death/articleshow/63042251.cms
110
. Man jumps off police vehicle, dies after getting hit by speeding truck, The Times of India,
25 February 2018, available at https://timesofindia.indiatimes.com/city/noida/man-jumped-
off-police-vehicle-died-after-hit-by-speeding-truck/articleshow/63071345.cms
111
. Magisterial inquiry ordered into Sagar ‘custody’ death, The Times of India, 16 March
2018, available at https://timesofindia.indiatimes.com/city/bhopal/magisterial-inquiry-
ordered-into-sagar-custody-death/articleshow/63336060.cms
112
. Man fleeing cops ‘injured in accident’, dies, The Times of India, 31 March 2018, available
at https://timesofindia.indiatimes.com/city/madurai/man-fleeing-cops-injured-in-accident-
dies/articleshow/63551223.cms
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India: Annual Report on Torture 2018
that the deceased was involved in many cases of burglary and robbery.
According to the police version, around 7 pm on 29 March, N Murugesan
and his accomplice Manickaraja alias Raja were riding a motorcycle which
met with an accident when they tried to flee on seeing the police patrol
vehicle on the Madurai-Kanyakumari national highway. Police arrested
both Manickaraja and Murugesan who allegedly suffered a fractured leg
and other injuries. According to the police, Murugesan later suffered an
epileptic attack and died in the hospital.112
On 9 April 2018, SR Sreejith, aged 26 years, a resident of Varapuzha in
Ernakulam district in Kerala, died due to alleged custodial torture at
Varapuzha Police Station after being picked up by the police in a case of
mistaken identity on the night of 6 April.113
While the police denied any
torture, the post-mortem report established brutal torture upon Sreejith,
including blunt trauma and 18 injuries. The post-mortem reportedly
established that the injuries on Sreejith’s body had been inflicted two
days before his death, indicating that he was tortured in custody as he
had been picked up by the police on the night of 6 April. The post-
mortem reportedly revealed that Sreejith died of septicaemia after most
of his small intestine was ruptured and the food he had eaten had spilled
into other organs.114
The Kerala State Human Rights Commission
(SHRC) also stated that Sreejith had sustained the injuries in police
custody.115
On 19 April 2018, Sukal Sai Paharia, a health worker hailing from
Bhainsadani village under Naupada district of Odisha, was summoned
to Boden Police Station on suspicion of being a Maoist sympathiser and
he allegedly went missing thereafter. The victim’s wife Saubhagya Paharia
and the local residents alleged that Sukal Sai Paharia died due to custodial
torture by the police after some locals retrieved a skeletal suspected to be
of Sukal from a place 15 kilometres away from the Boden Police Station
on 9 June 2018.116
On 24 April 2018, Narendra Kumar, aged 34 years, a resident of Dorali
village in Meerut in Uttar Pradesh, died due to alleged torture at Mawana
Police Station in Meerut district. The deceased was arrested along with
113
. Kerala: Three surrender month after Sreejith ‘custodial death’, The Indian Express, 6 May
2018
114
. Kerala torture in custody, The Telegraph, 18 April 2018
115
. Sreejith sustained injuries while in police custody: Kerala Human Rights Commission,
The New Indian Express, 13 April 2018
116
. Custody death cry in Nuapada, The Telegraph, 12 June 2018, available at https://
www.telegraphindia.com/states/odisha/custody-death-cry-in-nuapada/cid/1416581
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India: Annual Report on Torture 2018
three others namely Honey, Rohit and Arvind after police recovered two
cows from his pickup truck in Mawana two days earlier. The family of
the deceased alleged that he was falsely implicated in the case and died
due to torture at the hands of the police. Mawana Station House Officer
(SHO) Brijesh Kushwaha, Sub Inspector Dharmendra and Constable
Omkar Singh were suspended over the death.117
On 28 April 2018, Qamar Qureshi, aged 22 years, died due to alleged
torture by the police allegedly to extract confessions to the crime at
Aashiana police in Lucknow, Uttar Pradesh. According to the police,
Qamar and his brother Hussain, aged 20 years, were called for questioning
when a scrutiny of call record details showed exchange of over 100 phone
calls between the brothers and Chanchal, a transgender who was shot
dead in Aashiana on 22 April 2018. The deceased’s father Mohammad
Shahid claimed that his two sons were detained on 24 April and were
tortured in police custody. Police handed over the brothers to their family
when their condition deteriorated. Both were admitted to a private
hospital where Qamar succumbed to injuries. Mohammad Shahid told
The Times of India, “During treatment, Qamar said that cops gave him electric
shock, strained his private parts and hit him in the abdomen with blunt wood.
Hussain was also subjected to inhumane treatment by cops.” Following protests
by the public, the police lodged FIR against Sub Inspector (SI) Abutalib
Zaidi and other unidentified cops of Aashiana Police Station for illegal
detention and torture of the deceased.118
On 2 May 2018, A. Unais, an autorickshaw driver, died at his house due
to alleged torture at the Edakkad Police Station in Kannur district of
Kerala. He was summoned to the Police Station on 21 February following
a complaint filed by his father-in-law that he hurled stone at the latter’s
house. The family members of Unais released an undelivered letter which
Unais had written to the Superintendent of Police about the torture he
had suffered in the Police Station. Unais in his letter said that he was
tortured by the police led by a Sub Inspector. He had to be admitted at
the Thalassery Co-operative Hospital on 24 February 2018 following
the custodial torture.119
117
. Uttar Pradesh: Man held for cow slaughter dies in custody; Gujjars threaten protests,
The Indian Express, 30 April 2018, available at https://indianexpress.com/article/cities/
lucknow/uttar-pradesh-man-held-for-cow-slaughter-dies-in-custody-gujjars-threaten-
protests-5156669/
118
. Murder suspect dies after police torture, cops booked, The Times of India, 5 May 2018,
available at https://timesofindia.indiatimes.com/city/lucknow/murder-suspect-dies-after-
police-torture-cops-booked/articleshow/64036822.cms
119
. Custodial torture alleged for death of youth at Edakkad, The Hindu, 15 May 2018
(34)
India: Annual Report on Torture 2018
On 6 May 2018, Sunil Kushwaha, aged 28 years, a scrap dealer, died
soon after he was discharged from hospital in Agra in Uttar Pradesh where
he had been admitted due to alleged torture by police. He was detained
by the police in a motorcycle theft case at Firozabad’s Uttari Police Station.
The police reportedly claimed that no internal or external injury was
found on the body and the autopsy report cited “shock and internal
haemorrhage in the stomach due to liver cirrhosis and septicemia” as the
causes of the death. On 7 May, the state government ordered an inquiry
into the custodial death of the deceasd after his family alleged torture in
police custody.120
On 8 May 2018, Manu, aged 32 years, a resident of Neduvathoor in
Kottarakar of Kerala died at Government Medical College Hospital,
Kottarakar as a result of alleged torture by Excise Department officials.
Relatives of the deceased alleged that Excise officers brutally assaulted the
youth before taking him to the magistrate. He was arrested by the Excise
Department officials over charges of selling bootleg liquor in the morning
of 1 May and was remanded at Special Sub jail at Kottarakara.121
On the intervening night of 10 and 11 May 2018, Jeba Singh Ram, aged
52 years, a resident of Chand Saraya Colony in Karnal district of Haryana,
was reportedly found dead in the custody of Karnal Police Station. The
deceased was detained by the police for alleged possession of 150 gram
contraband marijuana (ganja). The family of the deceased alleged that he
died due to custodial torture.122
On 18 May 2018, Anthony, aged 25 years, a resident of resident of Ezhil
Nagar in Perumbakkam in Chennai, Tamil Nadu, died due to alleged
torture in police custody at the Neelankarai Police Station in Chennai,
Tamil Nadu. He was arrested on 17 May for alleged robbery and was
120
. Uttar Pradesh: Probe ordered into man’s death after ‘torture’ in custody, The Indian
Express, 8 May 2018, available at http://indianexpress.com/article/cities/lucknow/uttar-
pradesh-probe-ordered-into-mans-death-after-torture-in-custody-5167421/
121
. Yet another custodial death in Kerala, kin allege torture by excise officers, The New
Indian Express, 9 May 2018, available at http://www.newindianexpress.com/states/kerala/
2018/may/09/yet-another-custodial-death-in-kerala-kin-allege-torture-by-excise-officers-
1812393.html
122
. 52-year-old dies in Karnal police custody, three cops booked for murder, The Hindustan
Times, 11 May 2018, available at https://www.hindustantimes.com/india-news/52-year-old-
dies-in-karnal-police-custody-three-cops-booked-for-murder/story-vz8Vja5XFLyiHy
IKV5l03I.html
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India: Annual Report on Torture 2018
found dead in the Police Station during the wee hours of the following
day.123
Three days after the incident Chennai city police commissioner A
K Vishwanathanhad transferred four police officers stationed at
Neelangarai Police Station.124
On 30 May 2018, Premchand, aged 29 years, son of Narsingh, a resident
of Ramanthapur in Hyderabad city, Telangana, died in police custody in
Yadgirigutta in Telangana. According to police, on 25 May 2018
Premchand, a labourer, stole Rs 2.07 lakh (0.207 million) cash from the
auto of one Nagaraju at a godown in Sanathnagar. Based on the complaint
lodged by the godown manager, a case of theft was registered and the
deceased was arrested on 30 May 2018 and detained at Sanathnagar Police
Station in Hyderabad. Later he was taken to Yadgirigutta to recover the
stolen property and he died allegedly due to a stroke at Yadgirigutta.125
On 9 June 2018, Raja, aged 24 years, from Tamil Nadu died at the
Satyavedu Police Station in Chittoor district of Andhra Pradesh. He was
arrested on the charges of chain snatching. The police claimed that the
deceased was already injured in beating by the public prior to his detention
and he succumbed to injuries at the Government Hospital, Satyavedu.126
On 19 July 2018, Kumaraselvam, aged 50 years, died at Thanjavur Medical
College Hospital in the custody of Madhukkur Police Station under
Thanjavur district of Tamil Nadu under mysterious circumstances. The
deceased was arrested by the police on 17 July 2018 in connection with
a complaint registered by his relative with Madhukkur Police Station on
13 July 2018. The police claimed that after Kumaraselvam was brought
to the Police Station on 17 July 2018 he complained of chest pain and
was rushed to a hospital at Pattukottai and then shifted to the Thanjavur
Medical College Hospital where he died during treatment.127
123
. Chennai man accused of robbery dies in police custody, New Indian Express, 18 May
2018, available at http://www.newindianexpress.com/cities/chennai/2018/may/18/chennai-
man-accused-of-robbery-dies-in-police-custody-1816310.html
124
. Custodial death: Cops get shunted, The Times of India, 23 May 2018, available at https:/
/timesofindia.indiatimes.com/city/chennai/custodial-death-cops-get-shunted/articleshow/
64284569.cms
125
. Suspected thief died in police custody at Hyderabad, The Times of India, 30 May 2018,
available at https://timesofindia.indiatimes.com/city/hyderabad/suspected-thief-died-in-
police-custody-at-hyderabad/articleshow/64390430.cms
126
. A.P. police deny custodial death, Hindu, 9 June 2018, available at https://
www.thehindu.com/news/cities/chennai/ap-police-deny-custodial-death/article24117666.ece
127
. Man dies in police custody, The Hindu, 21 July 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/50-year-old-man-dies-in-police-
custody/article24478845.ece
(36)
India: Annual Report on Torture 2018
On 20 July 2018, Javed Malik, aged 38 years, a resident of Bharat village
in Doda district of Jammu and Kashmir, died due to alleged torture in
police custody in Kishtwar district of the state. He was picked up on 19
July as an alleged cattle smuggler. Police officers claimed that Malik died
after falling into a gorge while trying to escape from custody. But Malik’s
family stated that the deceased was a shopkeeper and not a cattle smuggler
and that his body bore torture marks. The family further stated that he
had a deformed foot and could barely walk and therefore there was no
way he could have made it to the gorge, 4 km away.128
On 21 July 2018, Vidyadhar Kini, aged 46 years, died in police custody
at Arnala coastal Police Station in Palghar district of Maharashtra a few
hours after his arrest. The deceased was arrested for allegedly assaulting a
tribal woman in February 2018 and was remanded to police custody by
a local court. According to police, Kini allegedly got a seizure around
8.15 pm. He was taken to Sanjeevani Hospital in Virar where he was
declared brought dead.129
On 25 July 2018, Sukhraj Singh, aged 56 years, an employee of Haryana
Electricity Board, died at his home at Indira Colony in Chandigarh due
to alleged torture by the police. Sukhraj, who was paralysed, was picked
up by a Police Control Room (PCR) team on a complaint of eve-teasing
on July 23. Laxman, son of the deceased, alleged that despite repeated
pleas of the family members and neighbours, the policemen, along with
the kin of the woman (complainant) thrashed the deceased and dragged
him inside their vehicle on July 23. The witnesses identified three police
personnel as Constables Narinder Singh and Paras and a volunteer named
Bhupinder Singh who thrashed the deceased. Laxman further stated that
when his father was released from the IT Park Police Station he was unable
to walk properly and he succumbed to the injuries on 25 July.130
On 2 August 2018, M Manikandan, aged 25 years, a resident of
Mudukulathur town in Ramanathapuram district of Tamil Nadu, died in
the custody of Mudukulathur Police Station due to alleged torture. The
deceased was first picked up for interrogation on 1 August 2018 in
connection with a theft case but was let off. He was again picked up on 2
128
. Custody death protest, The Telegraph, 25 July 2018, available at https://
www.telegraphindia.com/india/custody-death-protest/cid/1352176
129
. Hours after arrest, 46-yr-old dies in custody, The Times of India, 23 July 2018
130
. Chandigarh: Family alleges police torture, SSP orders probe into death of power board
staffer, The Indian Express, 27 July 2018, available at https://indianexpress.com/article/
cities/chandigarh/chandigarh-family-alleges-police-torture-ssp-orders-probe-into-death-of-
power-board-staffer-5278631/
(37)
India: Annual Report on Torture 2018
August and allegedly tortured to own up the crime.131
On 7 August, five
police personnel, including a Sub-Inspector, attached to Mudukulathur
Police Station were transferred to Armed Reserve (AR) Police pending a
magisterial inquiry under Section 176(1A) CrPC into the custodial death
of Manikandan.132
On 8 August 2018, Chandan Bharali, aged 23 years, a resident of
Chaygaon in Kamrup district of Assam, was allegedly found hanging
from a tree, about 150 metres away from the Panikhaiti police outpost in
Guwahati, a day after the judicial magistrate sent him to three days of
police custody. The deceased was arrested from Fancy Bazaar area in
Guwahati on 7 August in connection with an alleged blackmailing case.
He was produced in the court of Kamrup chief judicial magistrate,
Guwahati which remanded him in three days’ police custody. But the
police claimed that he went missing on the night of 7 August and his
body was found hanging from a tree about 150 metres from the police
outpost the next morning.133
However, the family members of the deceased
alleged that he was tortured to death and later the body was hung to
look like a suicide.134
Deputy Commissioner of Police (Central Guwahati)
Ranjan Bhuyan stated that Assistant Sub Inspector (ASI) Tarak Deka
and Constable Biswajit Sarma of Panikhaiti police outpost were suspended
after a preliminary inquiry revealed lapses on their part.135
On 8 August 2018, Maskur Nabi, aged 60 years, was allegedly tortured
to death by the police personnel of Bisauli Police Station at Sangrampur
village under Badaun district of Uttar Pradesh. The deceased’s son Akbar
alleged that two sub-inspectors, a constable and a home guard detained
him (Akbar) to take him to the Police Station. When his father Maskur
Nabi saw the policemen detaining him, he wanted to know the reasons
for the arrest. At this, the policemen were infuriated and assaulted him
which led to his death. On the night of 8 August 2018, when the villagers
staged a protest, police sent the body for post-mortem and booked sub-
131
. Family stages protest alleging custodial death, New Indian Express, 4 August 2018,
available at http://www.newindianexpress.com/states/tamil-nadu/2018/aug/04/family-stages-
protest-alleging-custodial-death-1852982.html
132
. Suspected custodial death: police personnel moved to AR wing, The Hindu, 8 August
2018, available at https://www.thehindu.com/news/cities/Madurai/suspected-custodial-death-
police-personnel-moved-to-ar-wing-ramanathapuram/article24634788.ece
133
. Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https://
www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238
134
. Custody death slur on police, The Telegraph, 9 August 2018, available at https://
www.telegraphindia.com/states/north-east/custody-death-slur-on-police/cid/1216892
135
. Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https://
www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238
(38)
India: Annual Report on Torture 2018
inspectors Sunil Kumar and Ajit Kumar, constable Suresh Kumar and an
unidentified home guard under section 304 (culpable homicide not
amounting to murder) of IPC, following the complaint of Akbar. Senior
Superintendent of Police (SSP) Ashok Kumar suspended the three
policemen and recommended strict action against the home guard.136
On 11 August 2018, Hillary Ch Momin died due to alleged custodial
torture at Dagal Police Station in Songsak area under the East Garo Hills
district of Meghalaya. Police claimed that he was picked up in the night
of 3 August for shouting in the middle of the road in a drunken state at
Chidimit Nengsat village near St Joseph’s School. He was taken to the
outpost lock-up for the night and released in the afternoon at 2 pm on 4
August. He later died due to alleged torture in police custody.137
On 12 August 2018, Arun, aged 29 years, a resident of Sitarampur village
under Munger district of Bihar, was allegedly tortured to death by the
police at New Anaj Mandi, Salarpur road under Kurukshetra district of
Haryana. The deceased came from Bihar to Anaj Mandi in Kurukshetra
on 10 August 2018 along with his wife and children to find employment.
The deceased’s wife Rinku stated that on 12 August 2018 his husband
had a drink with one of his friends and each of them went to sleep. But,
after few minutes her husband’s friend returned and pulled her husband
out from the hut. Later, the police came and allegedly started beating her
husband. The deceased was allegedly injured in the beating by the police
and later died in a hospital.138
On 13 August 2018, Mohammad Islam Qureshi, aged 30 years, was
allegedly tortured to death in police custody at the office of the District
Collector, Rampur in Uttar Pradesh. The deceased, a resident of Rampur,
surrendered before the Additional Chief Judicial Magistrate, Rampur
District in connection with a case registered against him under the
Prevention of Cow Slaughter Act on 12 August 2018. The court ordered
that he be sent to judicial custody. But before taking him to jail he was
taken to the police lockup at the District Collector’s office where he died
on the evening of 13 August 2018. The police claimed that the deceased
complained of chest pain and was rushed to Rampur District Hospital
where he died during treatment. However, the deceased’s cousin Islam
136
. Three cops booked for culpable homicide, The Times of India, 10 August 2018
137
. Villagers Cry Custodial Assault After Man Dies, The Shillong Times, 12 August 2018,
available at http://www.theshillongtimes.com/2018/08/12/villagers-cry-custodial-assault-
after-man-dies/
138
. NHRC Case No.1984/7/11/2018
(39)
India: Annual Report on Torture 2018
Qureshi alleged that Mohammad Islam Qureshi did not have any medical
history and alleged that he was tortured to death in police custody.139
In the early morning of On 25 August 2018, Moulishwaran, aged 22
years, a college student, was found death on the railway track near Ponneri
in Thiruvallur district of Tamil Nadu. The deceased, a resident of
Chinnakavanam village in Ponneri, was picked up and taken to
Gummidipoondi Railway Protection Force (RPF) post for inquiry into
certain matters. RPF officials claimed that the youth was handed over by
the residents of Chinnakavanan village to the gateman of level crossing
gate 26 near Ponneri and that the deceased had escaped from their custody
and committed suicide on the railway tracks. But the friends and villagers
alleged that the deceased was killed by the RPF during interrogation and
his dead body was thrown on the tracks to make it look like a case of
suicide.140
On 27 August 2018, Phulchand Nishad, aged 38 years, resident of Jaspura
in Banda district in Uttar Pradesh, allegedly died while returning home
from the Jaspura Police Station. The deceased’s son Golu alleged that the
police had beaten his father at the Police Station, due to which he died
while returning back home. The police had called the deceased and his
brother after the former had filed a complaint against his brother for
beating his son and nephew.141
On 30 August 2018, Rama, aged 36 years, a resident of Kapasan city in
Chittaurgarh district in Rajasthan, allegedly died at Railmagra Police
Station in Rajsamand district in Rajasthan a few hours after he was taken
into custody. He was arrested for interrogation in connection with a
robbery that had happened on 22 August 2018 at a temple in the district.
The deceased’s wife said she went to the Railmagra Police Station in the
evening of 30 August 2018 but the police refused to share any information
about her husband.142
139
. Man dies in police custody, family demands probe, The Times of India, 13 August 2018
140
. Youth taken to RPF post for inquiry found dead in Ponneri, The Hindu, 27 August 2018,
available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-taken-
for-inquiry-found-dead-on-track/article24788160.ece
141
. Thane me pithai se maut ka aarop laga jam ki sadak, Jagran.com, 28 August 2018,
available at https://www.jagran.com/uttar-pradesh/banda-road-to-jam-accused-of-death-by-
beating-in-police-station-18364220.html
142
. Loot ke aaropi Rama ki police hirasat me maut, m.dailyhunt.in, 31 August 2018,
available at https://m.dailyhunt.in/news/india/hindi/indias+news-epaper-indnews/
lut+ke+aaropi+rama+ki+pulis+hirasat+me+maut-newsid-95833512
(40)
India: Annual Report on Torture 2018
On 11 September 2018, Gorle Pydi Raju, a resident of Nellimarla of
Vizianagaram district in Andhra Pradesh, died due to allegedly torture
during interrogation in the custody of the Central Crime Station (CCS)
in Visakhapatnam in Andhra Pradesh. The deceased was arrested for his
involvement in a number of burglaries.143
On 27 September 2018, the
police informed the Hyderabad High Court that Gorle Pydi Raju died in
a private hospital and not in the lock up of CCS of Visakhapatnam. The
Station House Officer of the CCS in an affidavit filed before the High
Court stating that Pydi Raju was apprehended by the patrolling team in
the early hours on 10 September at MVP Colony and he was brought to
the CCS and later was let free in view of bandobust duties of Bharath
Bandh on next day due to shortage of staff. According to the affidavit,
the wife of the deceased took her husband to a private hospital due to ill
health and while undergoing treatment, he died.144
On 6 October 2018, Shaik Babar Basha, aged 28 years, a resident of
Velupadu village in Nellore district of Andhra Pradesh, died due to alleged
torture in the custody of the police. The deceased was arrested in
connection with a case of theft of a Toyota Innova car pursuant to a
complaint filed against him by one Santosh at Ulavapadu Police Station
on 4 September 2018. Police claimed that on 6 October 2018 when the
police were about to take him to Guntur to recover the stolen car, he
complained of chest pain and was taken to Ulavapadu Primary Health
Centre and subsequently shifted to a hospital at Kandukur town where
he died during treatment on the same day (6 October).145
On 14 October 2018, A. Karthik, aged 36 years, a resident of B V Colony
in Vyasarpadi area of Chennai, Tamil Nadu, died due to alleged torture
during interrogation in the custody of MKB Nagar Police Station in
Chennai. The deceased was arrested in the morning of 14 October 2018
pursuant to a complaint of robbery filed against him.146
Police claimed
143
. Suspect ‘dies’ in police custody, The Hindu, 12 September 2018, available at https://
www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/suspect-dies-in-police-
custody/article24931716.ece
144
. Pydi Raju died in hospital, Hyderabad High Court told, The Deccan Chronicle, 28
September 2018, available at https://www.deccanchronicle.com/nation/current-affairs/
280918/pydi-raju-died-in-hospital-hyderabad-high-court-told.html
145
. Man dies in police custody, The Hindu, 8 October 2018, available at https://
www.thehindu.com/news/national/andhra-pradesh/man-dies-in-police-custody/
article25151371.ece
146
. 36-year-old Chennai man dies in police custody, relatives allege foul play, The New Indian
Express, 15 October 2018, available at http://www.newindianexpress.com/cities/chennai/
2018/oct/15/36-year-old-chennai-man-dies-in-police-custody-relatives-allege-foul-play-
1885612.html
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
India: Annaul Report on Torture 2018
India: Annaul Report on Torture 2018
India: Annaul Report on Torture 2018
India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018
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India: Annaul Report on Torture 2018

  • 1.
  • 2. India: Annual Report on Torture 2018 A Publication of the Asian Centre for Human Rights
  • 3. First published: April 2019 Centre photo: Torture and parading of Abdul Qadir after being tied to the bonnet of Police Jeep in Mahidpur town, Ujjain, Madhya Pradesh in June 2016 Background photo: Uttar Pradesh Police beating and forcible taking of the thumb impression of the custodial death victim Mr Pappu Singh i.e. father of rape survivor of BJP MLA from Unnao, Uttar Pradesh Kuldeep Singh Sengar in April 2018. The deceased Pappu Singh was being forced to withdraw the case against the MLA. As he refused to withdraw, he was allegedly roughed up in police custody and rushed to the district hospital with 18 wounds and gashes, abdominal pain and vomiting. He died soon thereafter. © Asian Centre for Human Rights, 2018. No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the publisher. ISBN: 978-81-88987-88-7 Suggested contribution Rs. 995/- Published by: ASIAN CENTRE FOR HUMAN RIGHTS [ACHR has Special Consultative Status with the United Nations ECOSOC] C-3/441-C, Janakpuri, New Delhi-110058, India Phone/Fax: +91-11-25620583 Email: director@achrweb.org Website: www.achrweb.org Acknowledgement: This report is being published as a part of the ACHR’s “Campaign Against Torture in India: Prevention, Accountability and Rehabilitation”, a project funded by the European Commission under the European Instrument for Human Rights and Democracy – the European Union’s programme that aims to promote and support human rights and democracy worldwide. The views expressed are of the Asian Centre for Human Rights, and not of the European Commission.
  • 4. Table of Contents 1. EXECUTIVE SUMMARY ..................................................................................................... 9 2. TORTURE INPOLICE CUSTODY ...................................................................................... 15 I. PATTERNSANDPRACTICES OF TORTURE ............................................................. 15 A. Custodialdeaths ............................................................................................... 27 B. Torture notresulting to deaths ......................................................................... 51 II. CUSTODIAL TORTURE OFDALITS AND TRIBALS.................................................... 62 A. Custodialdeaths ............................................................................................... 62 B. Torture notresulting in deaths .......................................................................... 68 III. CUSTODIAL TORTUREOF WOMEN ......................................................................... 71 A. Torturedto death ............................................................................................. 71 B. Torturenotresultingin death............................................................................ 73 C. Sexualassaultsincludingrape ........................................................................... 78 IV. CUSTODIAL TORTURE OF CHILDREN ...................................................................... 80 A. Custodial deathofchildren ................................................................................ 80 B. Custodial tortureof children notleadingto death ............................................... 82 C. Sexualattacks includingrapeofminors ............................................................. 85 3. TORTURE INJUDICIAL CUSTODY................................................................................... 91 A. Deaths injudicialcustody duetoalleged torture ........................................................ 91 B. Deaths due todenial medical treatment..................................................................... 99 C. Deathsdue toalleged suicide inprisons................................................................... 102 D. Torture andill-treatmentin prisons ......................................................................... 106 E. Inhuman conditionsin the prisons ............................................................................ 110 4. TORTURE INTHE CUSTODY OF THEARMY AND THE CENTRAL ARMED FORCES ...... 119 5. IMPUNITY AGAINSTTORTURE & OTHER HUMANRIGHTS VIOLATIONS .................... 123 6. TORTURE BY THE ARMED OPPOSITION GROUPS ........................................................ 133 I. Abuses by thearmed opposition groupsinJammu and Kashmir ............................... 133 II. Abuses bythe Naxalites ......................................................................................... 135 7. TORTURE BYOTHER NON-STATE ACTORS (UPPER CASTES) ..................................... 141 A. Cases of beingbeaten to death ............................................................................... 143 B. Casesof being set on fire ....................................................................................... 146
  • 5. (4) India: Annual Report on Torture 2018 C. Casesofdegradingand humiliatingtreatment.......................................................... 147 8. JUDICIAL INTERVENTIONSAGAINST TORTURE .......................................................... 155 I. JUDGMENTS AWARDING COMPENSATION ......................................................... 156 II. JUDGMENTS RECOMMENDING PUNISHMENTS .................................................. 160 III. DIRECTIONS FOR PROBE BY INDEPENDENT AGENCIES....................................... 175 9. INTERVENTIONSOFNHRC/SHRCs AGAINST TORTURE ................................................ 179 I. NATIONAL HUMANRIGHTS COMMISSION........................................................... 179 II. STATE HUMANRIGHTS COMMISSIONS............................................................... 188 TamilNaduStateHumanRightsCommission........................................................... 188 Madhya PradeshStateHuman Rights Commission .................................................. 201 Odisha StateHumanRightsCommission ................................................................. 201 KarnatakaStateHuman RightsCommission ............................................................ 202 KeralaStateHuman RightsCommission .................................................................. 203 Maharashtra StateHuman RightsCommission ........................................................ 204 10. SCRUTINY OF INDIA’SRECORDS BY THE UN HUMAN RIGHTS MECHANISMS............ 207 I. Call to protectjournalistRanaAyyub fromonlinehate campaign.............................. 207 II. Condemnation of and calling for probe into deadly police response to protest against SterliteCopper plant in ThoothukudiinTamilNadu .................................................. 208 III. Presentingfirst-everUN humanrightsreportonKashmir callsforinternational inquiryinto multiplehumanrightsviolations............................................................................... 209 IV. UNexpertsurgeIndiatoreleaserightsdefender Dr.G.N.Saibabaonhealthgrounds.....210 V. Calling for urgent progress in investigation of hundreds of “fake encounter” killings in Manipur .................................................................................................................. 210 VI. UNhumanrightsexpertexpressedalarmatIndia’smovetodeportRohingyarefugees.....211 VII. UN experts expressed concerns over slapping of terrorism charges on human rights defenders tomute them ......................................................................................... 212 11. RATIFICATION OFTHE UNCAT BY INDIA:A DISGRACEFUL CASE OFNOT IMPLEMENTING PROMISES ..................................................................................................................... 215 12. ANNEUXRE-1:CompensationawardedbytheNHRCintortureandothercases in 2018......227 13. ANNEUXRE-2: RTI repliesfrom the NHRC on custodialdeaths in 2018 ................... ......245
  • 6. (5) India: Annual Report on Torture 2018 Glossary ACHR- Asian Centre for Human Rights ACP- Assistant Commissioner of Police ACMM- Additional Chief Metropolitan Magistrate ADGP- Additional Director General of Police AFSPA- Armed Forces (Special Powers) Act, 1958 ASI- Assistant Sub Inspector ATR- Action Taken Report ATS- Anti-Terrorism Squad BJP- Bharatiya Janata Party BSF- Border Security Forces BOP- Border Out Post CB-CID- Crime Branch, Crime Investigation Department CBI- Central Bureau of Investigation CCS- Central Crime Station CDRO- Coordination of Democratic Rights Organisations CIA- Crime Investigation Agency CIC- Central Information Commission CID- Crime Investigation Department CISF- Central Industrial Security Force CJM- Chief Judicial Magistrate CPI- Communist Party of India CrPC- Code of Criminal Procedure CRPF- Central Reserve Police Force CWC- Child Welfare Committee DCP – Deputy Commissioner of Police DGP- Director General of Police DIG-Deputy Inspector General DSP- Deputy Superintendent of Police FIR- First Information Report FSL - forensic science laboratory GRP- Government Railway Police HC – High Court HRDs- human rights defenders
  • 7. (6) India: Annual Report on Torture 2018 IG- Inspector General IIC- Inspector In-Charge IPC- Indian Penal Code IPS – Indian Police Service JJ Act - Juvenile Justice (Care and Protection of Children) Act, 2000 JJB - Juvenile Justice Board KSHRC- Karnataka State Human Rights Commission LCB- Local Crime Branch LWE- Left Wing Extremism MAP- Mizoram Armed Police MPHRC- Madhya Pradesh State Human Rights Commission MSHRC- Maharashtra State Human Rights Commission MASUM- MASUM - Banglar Manabadhikar Suraksha Mancha MHA- Ministry of Home Affairs MLA- Member of Legislative Assembly NCRB- National Crime Records Bureau NDPS Act - Narcotic Drugs and Psychotropic Substances Act, 1985 NHRC- National Human Rights Commission NOK- Next of kin NDPS Act - Narcotic Drugs and Psychotropic Substances Act, 1985 NSS- Niyamgiri Suraksha Samiti OBC- Other Backward Classes OC- Officer-in-charge OHCHR - Office of the United Nations High Commissioner for Human Rights OHRC - Odisha State Human Rights Commission OSD – Officer on Special Duty PAC- Provincial Armed Constabulary PHC- primary health centre PHR Act – Protection of Human Rights Act, 1993 PIL- Public Interest Litigation POSCO Act- Protection of Children from Sexual Offences Act RPF- Railway Protection Force Rs. - Rupees
  • 8. (7) India: Annual Report on Torture 2018 SC- Supreme Court SC/ST Act – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 SHO- Station House Officer SHRC – State Human Rights Commission SF- Security Forces SI – Sub Inspector SIT Special Investigation Team S/o- Son of SSP- Senior Superintendent of Police SLP – Special Leave Petition SOG- Special Operation Group SP- Superintenent of Police SPG- Special Protection Group SPP- Special Public Prosecutor TNSHRC – Tamil Nadu State Human Rights Commission ULFA - United Liberation Front of Asom UN- United Nations UNCAT – United Nations Convention against Torture u/s – Under Section UT- Union Territory W.P.(C)- Writ Petition (Civil) WP(Crl.) – Writ Petition (Criminal) WSS- Women against Sexual Violence and State Repression (WSS) W/o – Wife of
  • 9. (8) India: Annual Report on Torture 2018
  • 10. (9) India: Annual Report on Torture 2018 1. EXECUTIVE SUMMARY Deaths in police custody which mainly occur as a result of torture are rising in India. There is no let up in the number of custodial deaths in India. The National Human Rights Commission (NHRC) received reports of 147 deaths in police custody during 2018.1 About a decade ago i.e. during 2009-2010, the NHRC had received reports of 124 deaths in police custody2 , indicating 19% increase of deaths in police custody. The NHRC further registered 525 cases of torture in police custody during 2018.3 These figures do not reflect the extent and actual incidents of custodial death and torture in the country. The pattern of custodial deaths remains similar. Police claim that majority of victims of custodial deaths in police custody during 2018 died after suddenly developing sudden medical complications soon after being taken into police custody. Police also claimed the detainees suffered injuries while trying to escape and later succumbed to the injuries. In some cases, police blamed beatings of the deceased by mob/public prior to their arrest/detention. The fact remains many are tortured to death for the failure to pay bribe and in these cases, the victims are tortured in front of the relatives and falsely implicated in various alleged crimes. Victims were often tortured to extract confessions. Police often cite suicide as the cause of death in their custody. During 2018, police claimed that many victims committed suicide by consuming poison, banging their heads till death, hanging with piece of cloths, wire, belt, rope, etc. Police even made bizarre claims that Sitrarasu, a junior assistant in the education department and a resident of Chunambedu of Tamil Nadu had hanged himself - using his innerwear!4 In most cases, the family members of the deceased rejected the claims of suicide and alleged torture to be the cause of death. In some cases, marks of torture were established in post mortem reports. Most victims purportedly committed suicide within 24 hours of their detention, that is, before the production before the magistrate. The most serious issue is that victims are tortured to death even after production before the Judicial Magistrate. 1 . Response from the NHRC India vide letter NHRC/RTI/78/2019 dated 24th January 2019 received under the Right to Information Act 2 . NHRC Annual Report 2009-2010, p.136 3 . Ibid 4 . Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3 May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police- custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms
  • 11. (10) India: Annual Report on Torture 2018 Dalits and indigenous peoples remain extremely vulnerable to torture and during 2018, many died in police custody after being arrested in cases related to alleged theft or robbery. On 8 February 2018, Abinash Munda, a tribal youth, was allegedly tortured to death at the Ainthapalli Police Station in Sambalpur district of Odisha after being arrested in a theft case. The police claimed that Munda committed suicide by hanging himself with a bed sheet in the police lock-up5 but family members claimed that he was tortured to death in the Police Station.6 His dead body was recovered from an abandoned house near to the police station. Custodial torture of women including rape is reported regularly in India despite various judicial pronouncements for their safety. Majority of the victims of custodial deaths among women belonged to weaker section of the society such as Dalits, tribals and the poor who mostly worked as domestic help or did petty jobs to earn a livelihood. On 10 August 2018, constable Minesh Bhunekar posted with the crime branch was booked for alleged rape and torture of an undertrial woman prisoner at Santrampur Police Station in Mahisagar district of Gujarat. The victim was allegedly tortured and raped after being taken into police custody on the afternoon of 29 May 2018. She alleged that she was given electric shocks, was beaten and her hands were pierced with pins. She was allegedly raped by constable Bhunekar while two others kept vigil at the door.7 A special investigation team was set up to investigate the case.8 There is no improvement of torture in prisons and torturous prison conditions. The NHRC record a total of 1,819 deaths in judicial custody.9 Horrible prison conditions by themselves constitute inhuman and degrading treatment and as per the latest data available about 149 jails had an overcrowding rate of from 200% to 1166.7% as on 31.12.2015.10 5 . Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9 February 2018, available at https://www.hindustantimes.com/india-news/tribal-youth-commits-suicide- in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html 6 . Odisha: Mob attacks cops, sets fire to Police Station over ‘custodial death’ of tribal man, The Hindustan Times, 9 February 2018 7 . Three Mahisagar cops booked for custodial rape, The Times of India, 12 August 2018 8 . Woman undertrial alleges rape by cop, The Times of India, 11 August 2018, available at https://timesofindia.indiatimes.com/city/vadodara/woman-undertrial-alleges-rape-by-cop/ articleshow/65360075.cms 9 . Response from the NHRC India vide letter NHRC/RTI/78/2019 dated 24th January 2019 received under the Right to Information Act 10 . Reply of the Ministry of Home Affairs to Starred Question No. 303 answered on 08.08.2017 before the Lok Sabha, available at http://164.100.47.190/loksabhaquestions/annex/12/ AS303.pdf
  • 12. (11) India: Annual Report on Torture 2018 In large majority of custodial deaths the prison officials contended that the cause of deaths were sudden health or medical complications such as acute pain in the body, heart attack, serious pain in chest, sudden deterioration of health condition, stomach pain, uneasiness, incessant coughing, asthma, seizure and fainting, falling unconscious etc. Suicide due to alleged depression is also often cited by prison officials. In a bizarre case, the jail officials claimed that Guddu alias Bhanu Pratap, aged 30 years, an undertrial prisoner, hanged himself with his gamcha (towel) inside the toilet of at barrack No. 7 in Raebareli district Jail in Uttar Pradesh on 14 October 2018, but the media reported that the deceased had lost his right hand in an accident three years ago.11 The non-implementation of the Juvenile Justice (Care and Protection of Children) Act means that children are often illegally detained at Police Stations and prisons, and subjected to torture. A number of children were allegedly tortured to death. A large majority of victims of torture among juveniles came from the weaker sections of the society viz. Dalits, tribals, religious minorities, poor etc. On 13 April 2019, a 17-year-old juvenile died at JJ Hospital in Mumbai in the custody of Government Railway Police (GRP), Wadala, after being apprehended by the Railway Protection Force (RPF) on 3 April on suspicion of theft and handed over to the GRP the next day.12 The armed forces deployed in the conflict situations and border areas also resorted to torture. The Border Security Forces (BSF) personnel were accused of kicking on testicles of the male victims including juveniles as part of torture. On the night of 21 November 2018, at around 2 AM, Sarif Sekh, a 10th standard student of Fatullapur High School, was reportedly caught by the BSF when he went to a nearby open field to defecate at Fatullapur under Raghunathgunj Police Station in Murshidabad district of West Bengal. Despite identifying himself as a student, he was allegedly tortured by Subedar Sujoy Singh Rana, Sub Inspector Anil Kumar, and Assistant Sub Inspector C.R Tarki, posted at Bhagirathi Patlatola Border Out Post (BOP) of 180th Battalion, BSF, ‘F‘ Company. Apart from hitting with stick and rifle butts, the BSF personnel allegedly kicked on the victim’s testicles, due to which he became unconscious.13 11 . Dahej hatya ke aropit ne jail me ki khudkushi, Jagran.com; 14 October 2018, available at https://www.jagran.com/uttar-pradesh/raebareli-prisoner-gets-suicide-18533327.html 12 . Mumbai: 17-yr-old theft suspect dies, family alleges torture by cops, The Indian Express, 15 April 2018, available at https://indianexpress.com/article/cities/mumbai/mumbai-boy- theft-suspect-dies-family-alleges-torture-by-cops-5137790/ 13 . Banglar Manabadhikar Suraksha Mancha (MASUM), Annual Report 2018, available at http://www.masum.org.in/Documents/Annual%20Report%202018%20draft%204.pdf
  • 13. (12) India: Annual Report on Torture 2018 While internal armed conflicts have substantially reduced in the North East India and the Naxalite conflict is on the wane, the Maoists were responsible for brutal killing of their hostages after abduction. The suspects were subjected to summary trial in socalled “Jan Adalats” (Peoples’ Courts) in full public view and tortured before being killed to instil fear among the people. On 27 May 2018, Vanjami Sukda, aged 45 years, was reportedly kidnapped and killed by the Maoists after slitting his throat on suspicion of being a police informer near Punpalli village under Dornapal Police Station in Sukma district of Chhattisgarh.14 In Jammu and Kashmir, on 8 March 2018, a Class XII student identified as Omais Rashid Bhat, a resident of Qaimoh in South Kashmir’s Kulgam district, was allegedly abducted by militants and tortured on the suspicion of being an informer of the security forces. After battling for his life for 14 days, he succumbed to the injuries in a hospital in Srinagar on 22 March 2018.15 Other non-State actors continued to perpetrate torture. The Dalits continued to face torture and other inhuman and degrading treatment at the hands of the upper castes. The incidents of caste atrocities continued to remain high with 39,408 reported cases during 2013; 40,401 reported cases during 2014; 38,670 reported cases during 2015; and 40,801 cases during 2016.1617 During 2018 the Dailts were killed, attacked, tortured, and subjected to other forms of cruel, inhuman or degrading treatment or punishment by the members of the upper castes, among others, for riding a horse or owning a horse; sitting crossed-legs; fetching water from common sources such as well; swimming/bathing in the swimming pools; participation or watching of Hindu religious festivals; sporting moustaches; wearing jeans, shirts, gold chain or shoes; pasting stickers of symbols like Shivaji on their motorcycles; riding a motorcycle; having love affairs with upper caste girls/women; sitting on a chair at the village panchayat office; seeking information from their upper caste employers; refusal to serve/work for upper castes; objecting to casteist remarks/slurs; or on mere suspicion of theft. On 18 October 2018, a Dalit man identified as Asaram Meghwal, aged 22 years, was beaten to death by members of 14 . Maoists kill villager in Sukma, Business Standard, 27 May 2018, available at https:// www.business-standard.com/article/pti-stories/maoists-kill-villager-in-sukma- 118052700543_1.html 15 . Militants’ victim, The Telegraph, 23 March 2018, available at https:// www.telegraphindia.com/india/militants-victim/cid/1339483 16 . Reply of Minister of State in the Ministry of Home Affairs Hansraj Gangaram Ahir to Unstarred Question No. 1060 in the Lok Sabha on 24 July 2018 17 . Reply of Minister of State in the Ministry of Home Affairs Hansraj Gangaram Ahir to Unstarred Question No. 623 in the Lok Sabha on 06 February 2018
  • 14. (13) India: Annual Report on Torture 2018 upper caste for an alleged love affair with an upper caste girl at Satra village in Churu district in Rajasthan. The police arrested two accused identified as Shrawan and Dinesh Jangid of Satra village.18 The Courts, the National Human Rights Commission (NHRC) and the State Human Rights Commissions (SHRCs) have intervened in a number of cases to provide justice and reparation to the victims, or their family members. The NHRC alone issued orders for compensation of Rs 8,52,95,000 in cases of torture and custodial deaths. However, these interventions did not have necessary and desired impact to act as deterrent to torture. Impunity and absence of national anti-torture law perpetuates torture and other cruel, inhuman or degrading treatment or punishment. Government officials or members of the armed forces continued to enjoy impunity under Section 197 of the Code of Criminal Procedure (CrPC), Section 6 of the Armed Forces (Special Powers) Act, 1958 and its analogous provision, Section 7 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990.19 As a result, the Central Bureau of Investigation (CBI) despite orders from the Supreme Court has not been able to prosecute accused members of the armed forces because of the refusal by the State government of Manipur to provide sanction for registration of FIRs in cases of fake encounter killings in Manipur. On 18 December 2018, the CBI wrote to the Chief Secretary, Government of Manipur, stating that despite repeated requests, sanction of prosecution in seven cases of extrajudicial executions by the security forces in Manipur had not been received from the State government of Manipur although charge sheets had been filed in the concerned trial Courts by the CBI.20 The failure to ratify the UNCAT and enact a national law against torture has been a disgraceful case of non-implementation of the recommendations of the National Human Rights Commission, assurances given by the Government of India to the Lok Sabha (lower house of the Indian Parliament) on 3 May 2000; three assurances given to the UN Human 18 . Dalit man beaten to death in Rajasthan, 2 arrested: police, The Indian Express, 21 October 2018, available at https://indianexpress.com/article/india/dalit-man-beaten-to-death- in-rajasthan-2-arrested-police-5410889/ 19 . The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 is available at https:/ /mha.gov.in/sites/default/files/The%20Armed%20Forces%20%28Jammu%20and%20 Kashmir %29%20 Special%20Powers%20Act%2C%201990_0.pdf 20 . Manipur Govt Yet to Give Permission to CBI to Prosecute ‘Fake Encounter’ Cases, The Wire, 28 February 2019, available at https://thewire.in/law/manipur-govt-yet-to-give- permission-to-cbi-to-prosecute-fake-encounter-cases
  • 15. (14) India: Annual Report on Torture 2018 Rights Council in 2008, 2012 and 2017; failure to present two Prevention of Torture Bills respectively drafted by the Parliamentary Select Committee of the Rajya Sabha in December 2010 and the Law Commission of India in October 2017 before the Parliament, and false assurance given to the Supreme Court of India during the hearing of the Writ Petition (Civil) No. 738/2016 on 27 November 2017 to act on the Bill drafted by the Law Commission of India. Aggrieved by false assurance given to the Supreme Court, former Union Law Minister of India Dr Ashwini Kumar once again moved a Miscellaneous Application to W.P.(C) NO.738/2016 before the Supreme Court seeking a direction to the Centre to frame a law on custodial torture and inhuman treatment as India was a signatory to the United Nations’ convention on torture. The Supreme Court has reserved its judgement. As India refuses to criminalise torture, the increasing incidents of torture are no surprise.
  • 16. (15) India: Annual Report on Torture 2018 2. TORTURE IN POLICE CUSTODY Highlights Number of deaths in police custody during 2009-2010: 124 persons Number of deaths in police custody during 2018: 147 persons indicating 19% increase from 2009-2010 Key patterns of deaths in police custody: - victims often died within 24 hours of the victims being taken into custody, allegedly after developing sudden medical complications ranging from uneasiness to brain haemorrhage, soon after being taken into police custody. During 2018, at least 27 persons died in such manner. - police also claimed that the victis committed suicide by hanging by a piece of cloths, wire, belt, rope, or even innerwear! - police also claimed that the victims suffered while trying to escape and later succumbing to the injuries. - Being beaten by unknown mob prior to the arrest/detention is another cause of custodial death claimed by the police - many victims were tortured to death for the failure to pay bribe to policemen and many were tortured in front of family members to extract bribes. - many of the victims were tortured to death to extract confessions. - in some cases, after custodial deaths, the body of the victim was dumped elsewhere by the police. - there is little protection from custodial torture ever after being produced before courts. A number of victims died in custody as a result of torture after production before the courtsg. I. PATTERNS AND PRACTICES OF TORTURE As ACHR has stated above, a large majority of the cases of custodial deaths took place as a result of torture. Torture remains endemic, institutionalised and central to the administration of justice and counter- terrorism measures. An analysis of the cases of custodial deaths establishes the following patterns of torture:
  • 17. (16) India: Annual Report on Torture 2018 First, most victims die within 24 hours of the victims being taken into custody. The police in large majority of the cases claimed that the victims died after developing sudden medical complications ranging from uneasiness to brain haemorrhage, soon after being taken into police custody especially during interrogation. During 2018, at least 27 persons after developing sudden medical complications after being taken into custody by police as given below: 1. Hasan Ali, aged 37 years, allegedly fell sick suddenly at Dhula Police Station in Assam’s Darrang district and died at the Guwahati Medical College and Hospital on the night of 9 January 2018;21 2. Ramakant whose health allegedly deteriorated suddenly in the custody of Bhitaha Police Station in West Champaran district of Bihar, and died at Padrauna hospital on 11 January 2018;22 3. Mariamma, aged 54 years, who allegedly complained of chest pain during interrogation at Kalpakkam Police Station in Kanchipuram district of Tamil Nadu and died in hospital on 15 January 2018;23 4. Anant Verma, aged 57 years, who allegedly suffered cardiac arrest on his way to Habibganj Police Station, Bhopal, Madhya Pradesh and died at hospital on the night of 17 January 2018;24 5. Sadiq Pasha, aged 40 years, who allegedly fell unconscious at the Tilaknagar police in Bangaluru in Karnataka and died in hospital on 20 January 2018;25 21 . 1 killed, 8 hurt in Assam highway firing, The Telegraph, 11 January 2018, available at https://www.telegraphindia.com/states/north-east/1-killed-8-hurt-in-assam-highway-firing/ cid/1439142 22 . Stick on cop for custodial death, The Telegraph, 13 January 2018, available at https:// www.telegraphindia.com/states/bihar/stick-on-cop-for-custodial-death/cid/1383188 23 . Chennai: Woman held for theft dies in police custody, The Deccan Chronicle, 16 January 2018, available at https://www.deccanchronicle.com/nation/current-affairs/160118/chennai- woman-held-for-theft-dies-in-police-custody.html 24 . Mantralay clerk dies in police custody, The Times of India, 19 January 2018, available at https://timesofindia.indiatimes.com/city/bhopal/mantralay-clerk-dies-in-police-custody/ articleshow/62563679.cms 25 . Suspected bike thief dies in police custody, The Times of India, 22 January 2018, available at https://timesofindia.indiatimes.com/city/bengaluru/suspected-bike-thief-dies-in-police- custody/articleshow/62585783.cms
  • 18. (17) India: Annual Report on Torture 2018 6. Sewa Singh, aged 32 years, whose health allegedly deteriorated during interrogation at Verka Police Station in Amritsar district of Punjab and died in hospital on 27 January 2018;26 7. Selvam alias Perachi Selvam, aged 27 years, who allegedly developed chest pain while being taken to Chennai for production before the Advisory Committee hearing detention under the Goondas Act on 30 January 2018 and died;27 8. Subash Chander alias Kaka, aged 50 years, who allegedly died of cardiac arrest at Janipur Police Station in Jammu district of Jammu and Kashmir, on 7 February 2018;28 9. Devtadeen, aged 40 years, a Dalit who died allegedly after falling ill in the lock up of Kheri Police Station in Lakhimpur Kheri district of Uttar Pradesh on 15 February 2018;29 10. Thiruvanchikkulam Yogesh, aged 42 years, a Dalit youth of Kerala, who died in hospital after allegedly complaining of chest pain in the custody of Special Investigating Team of Tamil Nadu Police on 21 April 2018;30 11. Premchand, aged 29 years, who died allegedly due to stroke when the police took him to Yadgirigutta in Telangana to recover the stolen property on 30 May 2018;31 26 . Protest after man dies in police custody, judicial probe ordered, The Tribune, 28 January 2018, available at https://www.tribuneindia.com/news/amritsar/protest-after-man-dies-in- police-custody-judicial-probe-ordered/534834.html 27 . Remand prisoner dies in police custody, The Hindu; 30 January 2018, available at https:/ /www.thehindu.com/news/national/tamil-nadu/remand-prisoner-dies-in-police-custody- virudhunagar/article22597138.ece 28 . Rape accused dies in police custody in Jammu, United News of India (UNI), 7 February 2018, available at http://www.uniindia.com/rape-accused-dies-in-police-custody-in-jammu/ states/news/1130393.html 29 . SI, head constable suspended in Dalit man’s custodial death, The Times of India, 21 February 2018 30 . Dalit man dies in Tamil Nadu police custody, The Times of India, 23 April 2018, available at https://timesofindia.indiatimes.com/city/kochi/dalit-man-dies-in-tamil-nadu-police- custody/articleshowprint/63879157.cms 31 . Suspected thief died in police custody at Hyderabad, The Times of India, 30 May 2018, available at https://timesofindia.indiatimes.com/city/hyderabad/suspected-thief-died-in- police-custody-at-hyderabad/articleshow/64390430.cms
  • 19. (18) India: Annual Report on Torture 2018 12. Kumaraselvam, aged 50 years, who allegedly suffered chest pain at Madhukkur Police Station under Thanjavur district of Tamil Nadu and died in hospital on 19 July 2018;32 13. Vidyadhar Kini, aged 46 years, who was declared brought death at hospital after he allegedly suffered a seizure at Arnala coastal Police Station in Palghar district of Maharashtra on 21 July 2018;33 14. Pappu Bheel, aged 30 years, a tribal who was reportedly taken to hospital in critical condition and died while in the custody of Sadar Police Station in Bundi district of Rajasthan on 27 August 2018;34 15. Shaik Babar Basha, aged 28 years, who died in hospital after allegedly complaining of chest pain while in police custody at Ulavapadu Police Station in Prakasam district of Andhra Pradesh on 6 October 2018;35 16. A. Karthik, aged 36 years, who died in a hospital after allegedly complaining of chest pain while in custody of MKB Nagar Police Station in Chennai, Tamil Nadu on 14 October 2018;36 17. Surubha Jhala, aged 35 years, who was declared death on arrival at a hospital after he allegedly complained of feeling uneasiness during interrogation at Bopal Police Station under Ahmedabad Rural district of Gujarat on 15 October 2018;37 18. Ajit Pujari, aged 20 years, who was declared death on arrival at the hospital after he allegedly suddently began vomiting during 32 . Man dies in police custody, The Hindu, 21 July 2018, available at https:// www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/50-year-old-man-dies-in-police- custody/article24478845.ece 33 . Hours after arrest, 46-yr-old dies in custody, The Times of India, 23 July 2018 34 . Rajasthan me yihan police hirasat me adivasi yuvak ki sandigdh maut, sharir se bahar nikli thi aatein, Patrika.com, 28 August 2018, available at https://www.patrika.com/bundi-news/ death-of-theft-accused-in-police-custody-in-bundi-3323053/ 35 . Man dies in police custody, The Hindu, 8 October 2018, available at https:// www.thehindu.com/news/national/andhra-pradesh/man-dies-in-police-custody/ article25151371.ece 36 . 36-year-old Chennai man dies in police custody, relatives allege foul play, The New Indian Express, 15 October 2018, available at http://www.newindianexpress.com/cities/chennai/ 2018/oct/15/36-year-old-chennai-man-dies-in-police-custody-relatives-allege-foul-play- 1885612.html 37 . Man dies in police custody, The Times of India, 16 October 2018, available at https:// timesofindia.indiatimes.com/city/ahmedabad/man-dies-in-police-custody/articleshowprint/ 66228951.cms
  • 20. (19) India: Annual Report on Torture 2018 questioning at the Swargate Police Station in Pune, Maharashtra on 18 October 2018;38 19. Swaminathan, aged 39 years, who allegedly complained of discomfort soon after arrest and died in hospital in Kozhikode, Kerala on 3 November 2018;39 20. Pradeep Kalyan Kute, aged 28 years, who was declared brought dead in hospital after he was allegedly found unconscious at the police outpost under Madha Police Station in Solarpur district of Maharashtra on 4 November 2018;40 21. Krishnamurthy Naidu, aged 53 years, who was brought dead in the hospital after he allegedly complained of chest pain at Ramamurthynagar Police Station in Bengaluru, Karnataka on 2 December 2018;41 22. Bittu Shah, a Dalit, who died after allegedly falling ill at the Gate Hakima Police Station in Amritsar city, Punjab on 2 December 2018;42 23. Shamsuddin Shaikh who died after allegedly having convulsions at Vatva Police Station in Ahmedabad, Gujarat on 4 December 2018;43 24. Rajesh, aged 29 years, who allegedly suffered brain haemorrhage in the custody of Crime Investigation Agency (CIA) and died at 38 . Youth suffers heart attack in Police Station, dies later, The Times of India, 20 October 2018, available at https://timesofindia.indiatimes.com/city/pune/youth-suffers-heart-attack- in-police-station-dies-later/articleshowprint/66289857.cms 39 . Tamil Nadu native dies in police detention; Kin allege custodial torture, The New Indian Express, 4 November 2018, available at http://www.newindianexpress.com/states/kerala/ 2018/nov/04/tamil-nadu-native-dies-in-police-detention-kin-allege-custodial-torture- 1894019.html 40 . 2 cops booked in custodial death case, CID to probe, Times of India, 6 November 2018, available at https://timesofindia.indiatimes.com/city/pune/2-cops-booked-in-custodial-death- case-cid-to-probe/articleshowprint/66518215.cms 41 . 53-year-old murder suspect dies in Police Custody, The Deccan Herald, 4 December 2018, available at https://www.deccanherald.com/city/53-year-old-murder-suspect- 706319.html 42 . Cong worker dies in custody- Kin pelt policemen with stones, two injured, The Tribune, 3 December 2018, available at https://www.tribuneindia.com/news/punjab/cong-worker- dies-in-custody/692588.html 43 . Gambling den operator dies in police custody, The Times of India, 6 December 2018, available at https://timesofindia.indiatimes.com/city/ahmedabad/gambling-den-operator- dies-in-police-custody/articleshowprint/66960985.cms
  • 21. (20) India: Annual Report on Torture 2018 the Post Graduate Institute of Medical Sciences, Rohtak, Haryana, on 14 December 2018;44 25. M Jayakumar, aged 21 years, who was declared brought death in hospital after he allegedly suffered seizure at Esplanade Police Station in Chennai, Tamil Nadu on 21 December 2018;45 26. Rahul Singla who died at the Civil Hospital at Yamunanagar in Haryana after allegedly falling sick during interrogation at the Women Police Station in Yamunanagar on 25 December 2018;46 and 27. Bal Kishan, aged 30 years, a Dalit who was declared death on arrival in hospital after allegedly falling ill at the Dhanaura Police Station in Amroha district of Uttar Pradesh on 26 December 2018.47 During 2018, those who died in police custody due to medical complications are in the age group of 21 years to 57 years. Often, those arrested were healthy and with no past record of medical complication. The victims were allegedly tortured to death and medical complications became alibi. Second, suicides in police custody were often claimed by the police as the reason for custodial death. During 2018, the police claimed that suicide was committed mostly by hanging by piece of cloths, wire, belt, rope, etc. Police even made bizarre claims like the deceased committing suicide by hanging with his innerwear!48 A few also allegedly consumed poison while at least one person banged his head against wall till he died! In most cases, the family members of the deceased rejected the claims of suicide and alleged torture to be the cause of death. In some cases, marks 44 . Kin protest youth’s death in police custody, The Tribune, 16 December 2018, available at https://www.tribuneindia.com/news/haryana/kin-protest-youth-s-death-in-police-custody/ 698916.html 45 . Chennai man dies in Police Station, kin allege custodial death, The New Indian Express, 22 December 2018, available at http://www.newindianexpress.com/cities/chennai/2018/dec/ 22/chennai-man-dies-in-police-station-kin-allege-custodial-death-1915092.html 46 . Molestation suspect dies; wife cries foul, The Tribune, 26 December 2018, available at https://www.tribuneindia.com/news/haryana/molestation-suspect-dies-wife-cries-foul/ 703983.html 47 . Dalit man dies in custody in UP’s Amroha, The Telegraph, 27 December 2018, available at https://www.telegraphindia.com/india/dalit-man-dies-in-custody-in-up-s-amroha/cid/ 1680080 48 . Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3 May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police- custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms
  • 22. (21) India: Annual Report on Torture 2018 of torture was seen or established in post mortem reports. Most victims purportedly committed suicide within 24 hours of their detention, that is, before the production before the magistrate. During 2018, at least 19 persons committed suicide in Police Stations, mostly as a result of alleged torture. The victims included (1) Deepak alias Pope who allegedly hanged by a gamcha (a piece of towel) in the Karawal Nagar Police Station in Delhi on 16 January 2018;49 (2) Abinash Munda, a tribal, who allegedly hanged himself using a bedsheet at the Ainthapalli Police Station in Sambalpur district of Odisha on 8 February 2018;50 (3) Dalbir Singh who allegedly jumped from the second floor of the Naraina Police Station in Delhi on 21 February 2018;51 (4) Babban Sah who allegedly attempted suicide at Kaler Police Station in Arwal district of Bihar on 21 March 2018 and died of injuries;52 (5) Parupalli Ramunaidu who allegedly hanged in the bathroom of Atchutapuram Police Station in Visakhapatnam district of Andhra Pradesh on 25 April 2018;53 (6) Sitrarasu who allegedly hanged himself using his innerwear in a washroom of at the Chunambedu Police Station in Kancheepuram district of Tamil Nadu on 2 May 2018;54 (7) Soni, a Dalit woman, who allegedly hanged herself from ceiling fan at night in the police custody at Najibabad Police Station in Bijnor district of Uttar Pradesh on 28 May 2018;55 (8) Sunil Kachhap who allegedly committed suicide by banging his head against the wall of the lock-up at Jagannathpur Police Station in Ranchi in Jharkhand on 17 June 2018;56 (9) Murthy alias Thammaiah 49 . Four policemen suspended over custodial death of 19-yeawr-old, The Pioneer, 17 January 2018 50 . Tribal youth commits suicide in police custody in Odisha, The Hindustan Times, 9 February 2018, available at https://www.hindustantimes.com/india-news/tribal-youth- commits-suicide-in-police-custody-in-odisha/story-pmN85nvOCNdFw9drF73wQN.html 51 . Mystery surrounds Naraina custodial death, The Hindustan Times, 22 February 2018, available at https://www.hindustantimes.com/delhi-news/mystery-surrounds-naraina- custodial-death/story-BgIHb73rZUWkCzavMD001O.html 52 . Mob fury after death in custody, The Telegraph, 22 March 2018, available at: https:// www.telegraphindia.com/states/bihar/mob-fury-after-death-in-custody/cid/1438623 53 . Custodial death in Atchutapuram Police Station, The Times of India, 25 April 2018, available at https://timesofindia.indiatimes.com/city/visakhapatnam/custodial-death-in- atchutapuram-police-station/articleshowprint/63912365.cms 54 . Death in police custody: SHRC issues notice to Tamil Nadu govt, The Times of India, 3 May 2018, available at https://timesofindia.indiatimes.com/city/chennai/death-in-police- custody-shrc-issues-notice-to-tamil-nadu-govt/articleshowprint/64018877.cms 55 . On the run, Dehradun interfaith couple detained by Bijnor police; woman commits suicide in custody, The Times of India, 29 May 2018, available at https:// timesofindia.indiatimes.com/city/meerut/on-the-run-dehradun-interfaith-couple-detained-by- bijnor-police-woman-commits-suicide-in-custody/articleshowprint/64374993.cms 56 . ‘Suicide’ in police custody, The Telegraph, 18 June 2018
  • 23. (22) India: Annual Report on Torture 2018 who allegedly hanged himself inside a bathroom of the Mandya West Police Station in Mandya in Karnataka on 13 July 2018;57 (10) Anish who allegedly hanged himself in the toilet in the Medical College Hospital in Thiruvananthapuram, Kerala while under custody of the Excise officials on 25 July 2018;58 (11) Sohaib Khan who allegedly hanged himself in the bathroom at the Bagh Police Station under Dhar district of Madhya Pradesh on 11 August 2018;59 (12) Lubaram Uttamaram, a Dalit, who allegedly hanged himself with a rope at Dhanera Police Station under Banaskantha district of Gujarat on 19 August 2018 within 15 minutes of his detention on 19 August 2018;60 (13) Prahlad Singh who allegedly hanged himself by a piece of cloth obtained by tearing a blanket in the lock-up of Kumher Police Station in Bharatpur district of Rajasthan on 24 August 2018;61 (14) Dichkya alias Sonya Daulat Jadhav who allegedly hanged himself with a bedsheet inside the toilet of Sinnar Police Station under Nashik district in Maharashtra on 25 August 2018;62 (15) Anuraj Rajput who allegedly consumed poison at Kareli Police Station under Narsinghpur district of Madhya Pradesh on 12 September 2018;63 (16) Rolongse alias Akum who allegedly hanged himself with a belt at Mon Police Station in Mon district of Nagaland on 4 October 2018;64 (17) Balraj Singh alias Raja, a Dalit, who allegedly committed suicide by hanging himself at the Police Station lock-up of Gidderbaha Police Station 57 . Lock-Up Death In Mandya: 4 Cops Suspended; CID Probe Ordered, The Star of Mysore, 16 July 2018 58 . Relatives of youth found hanging in Medical College Hospital allege custodial torture, The New Indian Express, 29 July 2018, available at http://www.newindianexpress.com/ states/kerala/2018/jul/29/relatives-of-youth-found-hanging-in-medical-college-hospital- allege-custodial-torture-1850036.html 59 . Man Commits Suicide In Police Station, Relatives Allege Custodial Torture, NDTV, 12 August 2018, available at https://www.ndtv.com/cities/man-arrested-commits-suicide-in- police-station-relatives-allege-torture-1899347 60 . Gujarat: Dalit man dies in police custody, activists claim he was beaten to death, Scroll.in, 20 August 2018, available at https://scroll.in/latest/891202/gujarat-dalit-man-dies-in-police- custody-activists-claim-he-was-beaten-to-death 61 . Judicial probe ordered into ex-serviceman’s death in Rajasthan prison, DNA, 29 August 2018, available at https://www.dnaindia.com/india/report-judicial-probe-ordered-into-ex- serviceman-s-death-in-rajasthan-prison-2656162 62 . Two cops suspended over youth’s suicide, The Times of India, 26 August 2018, available at https://timesofindia.indiatimes.com/city/nashik/two-cops-suspended-over-youths-suicide/ articleshow/65553598.cms 63 . Man dies in police custody at Kareli in MP, 5 cops suspended, Business Standard, 12 September 2018, available at: https://www.business-standard.com/article/pti-stories/man- dies-in-police-custody-at-kareli-in-mp-5-cops-suspended-118091201296_1.html 64 . Two cops suspended over custodial death in Mon, Eastern Mirror, 6 October 2018, available at:http://www.easternmirrornagaland.com/two-cops-suspended-over-custodial- death-in-mon/
  • 24. (23) India: Annual Report on Torture 2018 under Muktsar district of Punjab on 31 October 2018;65 (18) Rajesh Kumar, a Dalit, who allegedly hanged himself using a wire at the city Police Station in Jhajjar in Haryana on 27 November 2018;66 and (19) Jai Lakra, a tribal who allegedly hanged himself inside the bathroom of Rajgangpur Police Station in Sundargarh district of Odisha on 5 December 2018.67 Third, police also claimed the victims died after suffering injuries while trying to escape and later succumbed to the injuries. Those who were killed in custody under such circumstances were M Sahul Hameed, aged 21 years, who died on 28 January 2018 after their motorcycle skidded and suffered head injuries while trying to allegedly escape from police in Coimbatore Rural district of Tamil Nadu on 22 January 2018;68 Bobby, aged 35 years, who died on 25 February 2018 after allegedly jumping off the police van and ran over by a speeding truck in Jahangirpur area of Greater Noida, Uttar Pradesh;69 N Murugesan, aged 28 yaers, who died at Tirunelveli Medical College and Hospital in Chennai 30 March 2018 after his motorcycle allegedly met an accident when he allegedly tried to flee from police custody;70 and Javed Malik, aged 38 years, who allegedly died after falling into a gorge while trying to escape from police custody in Kishtwar district in Jammu and Kashmir on 20 July 2018.71 Fourth, police often claimed victims dying in their custody after being beaten by unknown mob prior to their arrest/detention. Those who died in custody under such circumstances were Shankar Maniyar, aged 45 65 . Day after youth’s suicide in lock-up, kin block highway, Tribune, 2 November 2018, available at: https://www.tribuneindia.com/news/punjab/day-after-youth-s-suicide-in-lock- up-kin-block-highway/677545.html 66 . In custodial death of Dalit youth, Kejriwal demands CBI probe, The Hindustan Times, 4 December 2018, available at https://www.hindustantimes.com/india-news/in-custodial-death- of-dalit-youth-kejriwal-demands-cbi-probe/story-P5RQJAWECDGqEzUJ2EvgeL.html 67 . Youth’s ‘custodial death’ in Police Station in Sundargarh; probe underway, The Pragativadi, 6 December 2018, available at http://pragativadi.com/custodial-death-youth-found-hanging- in-police-station-in-sundargarh/ 68 . Custodial death case registered after youth dies in CMCH, The Times of India, 29 January 2018, available at https://timesofindia.indiatimes.com/city/coimbatore/custodial-death-case- registered-after-youth-dies-in-cmch/articleshow/62686939.cms 69 . Man jumps off police vehicle, dies after getting hit by speeding truck, The Times of India, 25 February 2018, available at https://timesofindia.indiatimes.com/city/noida/man-jumped- off-police-vehicle-died-after-hit-by-speeding-truck/articleshow/63071345.cms 70 . Man fleeing cops ‘injured in accident’, dies, The Times of India, 31 March 2018, available at https://timesofindia.indiatimes.com/city/madurai/man-fleeing-cops-injured-in-accident- dies/articleshow/63551223.cms 71 . Custody death protest, The Telegraph, 25 July 2018, available at https:// www.telegraphindia.com/india/custody-death-protest/cid/1352176
  • 25. (24) India: Annual Report on Torture 2018 years, who died in police custody at Vadgam in Banaskantha district of Gujarat on 14 January 2018 after allegedly being beaten up by a mob the previous day;72 and Raja, aged 24 years, who was allegedly injured in beating by the public prior to his detention at the Satyavedu Police Station in Andhra Pradesh and succumbed to injuries at the Government Hospital, Satyavedu on 9 June 2018.73 Fifth, many were tortured to death for the failure to pay bribe to policemen. Those who were killed in custody for being unable to pay bribes were Sandeep, a Dalit aged 25 years, who died on 16 August 2018 due to alleged torture at Rampura Police Outpost in Rudrapur under Udham Singh Nagar district of Uttarakhand allegedly for not paying Rs 50,000 demanded by the police;74 and Umesh Solanki, aged 33 years, who was tortured to death for allegedly not paying Rs 70,000 to the policemen at Kagdapith Police Station in Ahmedabad, Gujarat on 5 December 2018;75 In order to extract bribes, victims were often tortured in front of their relatives, such as Manoj Soni who died on 15 March 2018 after he was allegedly tortured in front of his wife Neelu Soni at the Rahatgarh Police Station in Sagar district of Madhya Pradesh;76 Sukhraj Singh, aged 56 years, who died on 25 July 2018 after he was allegedly tortured in front of his family members at the time of arrest from his home at Indira Colony in Chandigarh;77 Maskur Nabi, aged 60 years, who died due to alleged torture in front of his family members by the police personnel from Bisauli Police Station on 8 August 2018 at Sangrampur village under Badaun district of Uttar Pradesh;78 Arun, aged 29 years, who was allegedly beaten 72 . Theft accused dies in police custody, mob booked for murder, The Statesman, 15 January 2018, available at https://www.thestatesman.com/cities/theft-accused-dies-police-custody- mob-booked-murder-1502564986.html 73 . A.P. police deny custodial death, Hindu, 9 June 2018, available at https:// www.thehindu.com/news/cities/chennai/ap-police-deny-custodial-death/article24117666.ece 74 . Undertrial dies in Haldwani jail, family alleges ‘torture’ by cops, The Times of India, 18 August 2018 75 . Dalit man in hospital after ‘cops thrash him all night’, The Ahmadabad Mirror, 8 November 2018, available at https://ahmedabadmirror.indiatimes.com/ahmedabad/others/dalit-man- in-hospital-after-cops-thrash-him-all-night/articleshowprint/66993761.cms?prtpage=1 76 . Magisterial inquiry ordered into Sagar ‘custody’ death, The Times of India, 16 March 2018, available at https://timesofindia.indiatimes.com/city/bhopal/magisterial-inquiry- ordered-into-sagar-custody-death/articleshow/63336060.cms 77 . Chandigarh: Family alleges police torture, SSP orders probe into death of power board staffer, The Indian Express, 27 July 2018, available at https://indianexpress.com/article/ cities/chandigarh/chandigarh-family-alleges-police-torture-ssp-orders-probe-into-death-of- power-board-staffer-5278631/ 78 . Three cops booked for culpable homicide, The Times of India, 10 August 2018
  • 26. (25) India: Annual Report on Torture 2018 by the police in front of his wife Rinku on 12 August 2018 at New Anaj Mandi, Salarpur road under Kurukshetra district of Haryana;79 and Vaidhnath Choudhary, aged 40 years, who died of torture allegedly in front of his son Rakesh at the Karni Vihar Police Station in Jaipur, Rajasthan on 22 October 2018.80 For illegal gratification, many victims were falsely implicated and tortured to death. The victims included Narendra Kumar, aged 34 years, who died at Mawana Police Station in Meerut district of Uttar Pradesh on 24 April 2018;81 Jogendra Das, aged 40 years, who died in the custody of Astaranga Police Station in Puri district of Odisha on 28 November 201882 Sixth, cases of torture to death to extract confessions were widely reported. Those killed police custody to extract confessions during 2018 were Qamar Qureshi, aged 22 years, who died allegedly due to torture to extract confessions at Aashiana police in Lucknow, Uttar Pradesh on 28 April 2018;83 M Manikandan, aged 25 years, who was allegedly tortured to death in the custody of Mudukulathur Police Station in Tamil Nadu to extract confessions on 2 August 2018;84 Raju Gupta, aged 30 years, died allegedly due to torture to extract confession in custody of Sikandra Police Station in Agra district, Uttar Pradesh on 22 November 2018;85 Seventh, in many instances, after the death of the person in police custody, the body of the victim was dumped elsewhere. Those who were killed in such manner in 2018 included Harnek Singh, aged 70 years, who was 79 . NHRC Case No.1984/7/11/2018 80 . Man ‘beaten up’ by cops inside Karni Vihar Police Station, dies, Times of India, 24 October 2018, available at https://timesofindia.indiatimes.com/city/jaipur/man-beaten-up- by-cops-inside-karni-vihar-police-station-dies/articleshow/66341129.cms 81 . Uttar Pradesh: Man held for cow slaughter dies in custody; Gujjars threaten protests, The Indian Express, 30 April 2018, available at https://indianexpress.com/article/cities/lucknow/ uttar-pradesh-man-held-for-cow-slaughter-dies-in-custody-gujjars-threaten-protests- 5156669/ 82 . Man dies after ‘police torture’, The Orissa Post, 29 November 2018, available at http:// www.orissapost.com/man-dies-after-police-torture/ 83 . Murder suspect dies after police torture, cops booked, The Times of India, 5 May 2018, available at https://timesofindia.indiatimes.com/city/lucknow/murder-suspect-dies-after- police-torture-cops-booked/articleshow/64036822.cms 84 . Family stages protest alleging custodial death, New Indian Express, 4 August 2018, available at http://www.newindianexpress.com/states/tamil-nadu/2018/aug/04/family-stages- protest-alleging-custodial-death-1852982.html 85 . Chori ki shak me Sikandra thane laye gaye yuvak ne dum tor diya, Amar Ujala, 22 November 2018, available at http://epaper.amarujala.com/agra-city/20181123/ 03.html?format=img&ed_code=agra-city
  • 27. (26) India: Annual Report on Torture 2018 allegedly tortured to death but his dead body dumped near Kakrala village after alleged torture at Ghagga Police Station Patiala district of Punjab on 3 January 2018;86 Suresh, a Dalit aged 40 years, who was arrested by the Special Force of the Tamil Nadu Police but his body was found near the Kil Ambi lake in Kancheepuram, Tamil Nadu on 14 February 2018;87 Shivprasad Patel, aged 45 years, who was allegedly killed in police custody in Panagar area of Jabalpur district in Madhya Pradesh for not paying bribe and his body was dumped near Devri railway crossing on 22 February 2018;88 Sukal Sai Paharia who was summoned to the Boden Police Station on 19 April 2018, as an alleged Maoist cadre and later his alleged skeletal was recovered from a place 15 kilometres away from the Boden Police Station on 9 June 2018;89 Moulishwaran, aged 22 years, whose body was recovered from the railway track near Ponneri in Chennai, Tamil Nadu on 25 August 2018 after he was allegedly picked up by the Railway Protection Force;90 Abinas Paital, aged 23 years, who was found hanging in a house located near the Mahakalpada Police Station in Kendrapada district of Odisha on 26 August 2018, a day after being allegedly picked up by the police in a case of mobile phone theft;91 and Govind, a Dalit shopkeeper aged 30 years, who was found lying unconscious outside his shop after he was allegedly detained at Rampur Kalan Police Station in Sitapur district of Uttar Pradesh on 11 September 2018.92 Finally, it is often construed that once a detainee is produced before the magistrate, the victim shall not be tortured as the courts are monitoring the cases. The law provides that the victims must be produced before the judicial magistrate with 24 hours of detention. 86 . 3 cops suspended in 70-year-old’s custodial death case, The Times of India, 5 January 2018, available at https://timesofindia.indiatimes.com/city/chandigarh/3-cops-suspended- in-70-yr-olds-custodial-death-case/articleshow/62372941.cms 87 . Dalit lorry driver killed by Tamil Nadu Special Forces in custody, alleges family, TwoCircles.net, 16 February 2018, available at http://twocircles.net/2018feb16/420900.html 88 . Mob rampage over driver’s ‘custody death’, The Times of India, 23 February 2018, available at https://timesofindia.indiatimes.com/city/bhopal/mob-rampage-over-drivers-custody-death/ articleshow/63042251.cms 89 . Custody death cry in Nuapada, The Telegraph, 12 June 2018, available at https:// www.telegraphindia.com/states/odisha/custody-death-cry-in-nuapada/cid/1416581 90 . Youth taken to RPF post for inquiry found dead in Ponneri, The Hindu, 27 August 2018, available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-taken- for-inquiry-found-dead-on-track/article24788160.ece 91 . Lockup death: Widow threatens immolation, The New Indian Express, 5 September 2018, available at http://www.newindianexpress.com/states/odisha/2018/sep/05/lockup- death-widow-threatens-immolation-1867769.html 92 . Uttar Pradesh: Cops booked for custodial death of farmer, National Herald, 15 September 2018, available at https://www.nationalheraldindia.com/india/up-cops-booked-for-custodial- death
  • 28. (27) India: Annual Report on Torture 2018 However, a number of victims died in custody as a result of torture after production before the judge. On 7 August 2018, the dead body of Chandan Bharali, aged 23 years, who was arrested in Guwahati in Assam in a case of blackmailing and remanded to police custody for three days by the Chief Judicial Magistrate, Kamrup, Guwahati was allegedly found hanging from a tree, about 150 metres away from the Panikhaiti police outpost in Guwahati the next morning.93 Other custodial deaths after production before the magistrate included Phurailatpam Rocket Sharma alias Inaocha alias Biswanath Sharma, aged 60 years, former vice president of Barak Valley Drivers’ Union, who allegedly died in police custody in Silchar, Assam, before his release on bail on 14 January 2018;94 and Mohammad Islam Qureshi, aged 30 years, who was allegedly tortured to death in police custody at Rampur District Collector’s office in Rampur District of Uttar Pradesh on 13 August 2018, a day after he had surrendered before the Additional Chief Judicial Magistrate, Rampur District.95 A. Custodial deaths i. Emblematic cases of custodial deaths through torture ACHR documented a number of cases of death in police custody as a result of torture during 2018. In some cases, torture also allegedly led to suicide by the victims outside the police custody. On 3 January 2018, Harnek Singh, aged 70 years, a resident of Belumajra village in Patiala district of Punjab, died due to alleged torture in the custody of Ghagga Police Station in Patiala district, a day after being picked up the previous day for inquiry in a case related to drugs. The deceased’s family alleged that he was tortured to death in police custody and demanded action against the erring policemen.96 A case was registered against head constables Jaswinder Singh, Bhola Singh and Gurmail Singh of Ghagga Police Station and two unidentified persons under Section 302 (murder) of the Indian Penal Code (IPC).97 According to the First Information Report (FIR), Harnek Singh was tortured while being taken 93 . Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https:// www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238 94 . Driver dies, family suspects foul play, The Sangai Express, 23 January 2018, available at http://e-pao.net/GP.asp?src=14..230118.jan18 95 . Man dies in police custody, family demands probe, The Times of India, 13 August 2018 96 . Held in drug case, man dies in police custody, The Tribune, 3 January 2018, available at https://www.tribuneindia.com/news/punjab/held-in-drug-case-man-dies-in-police-custody/ 522847.html 97 . Ibid
  • 29. (28) India: Annual Report on Torture 2018 into a jeep by three policemen and two unidentified men and dumped the body near Kakrala village in Patiala district.98 On the night of 9 January 2018, Hasan Ali, aged 37 years, a resident of Dhula in Darrang district of Assam, died in the police custody after he was arrested from his home on charges of possessing illegal arms. The police claimed that he fell sick and died at Guwahati Medical College and Hospital. However, the family of the deceased alleged that Ali died in police custody due to torture at Dhula Police Station. The custodial death triggered a protest on 10 January 2018 in which the police opened fire killing one person named Islam, aged 25 years, and injuring eight others. The district administration ordered a magisterial inquiry and suspended Dhula Police Station officer-in-charge Ranjit Hazarika.99 On 11 January 2018, Ramakant, a resident of Rupauli Chowk under Bhitaha Police Station in West Champaran district of Bihar, died due to alleged torture in Bhitaha Police Station. The deceased was picked up for interrogation in connection with a fight involving some groups. The family members of the deceased alleged that police tortured him in the lock-up as a result of which his condition deteriorated at night and he was taken to Padrauna hospital where he died. The Station House Officer (SHO) of Bhitaha Police Station was suspended the next day.100 On 14 January 2018, Phurailatpam Rocket Sharma alias Inaocha alias Biswanath Sharma, aged 60 years, former vice president of Barak Valley Drivers’ Union, died due to alleged torture in police custody at the Silchar Medical College in Assam. He was arrested on 17 November 2017 in connection with an FIR registered at Silchar Police Station under Sections 419/420/406 IPC was sent to judicial custody by the Chief Judicial Magistrate, Silchar the next day. The Court also ordered that he be released on furnishing necessary bail bond on 17 January 2018 and was therefore waiting for his release. But Ph Rocket’s wife Phurailatpam (O) Kodombini received a phone call on 14 January 2018 that Rocket suffered a heart attack and he had been taken to Silchar Medical College for treatment. The deceased’s family members alleged that they found tell-tale sign of 98 . 3 cops suspended in 70-year-old’s custodial death case, The Times of India, 5 January 2018, available at https://timesofindia.indiatimes.com/city/chandigarh/3-cops-suspended- in-70-yr-olds-custodial-death-case/articleshow/62372941.cms 99 . 1 killed, 8 hurt in Assam highway firing, The Telegraph, 11 January 2018, available at https://www.telegraphindia.com/states/north-east/1-killed-8-hurt-in-assam-highway-firing/ cid/1439142 100 . Stick on cop for custodial death, The Telegraph, 13 January 2018, available at https:// www.telegraphindia.com/states/bihar/stick-on-cop-for-custodial-death/cid/1383188
  • 30. (29) India: Annual Report on Torture 2018 torture on the deceased’s body such as bruises and stitches at the back of his head and his shoulders, blood near his mouth, and sunken stomach.101 On the night of 17 January 2018, Anant Verma, aged 57 years, a resident of Shivaji Nagar in Bhopal, Madhya Pradesh, died due to alleged torture in police custody. The police claimed that the deceased suffered cardiac arrest on his way to Habibganj Police Station and was taken to JP hospital where he died. The deceased’s family, however, alleged that the policemen slapped him several times and dragged him down the stairs, despite their pleas that Verma was a heart patient.102 On 20 January 2018, Sadiq Pasha, aged 40 years, a resident of Mico Layout, Bangaluru in Karnataka, died in the custody of Tilaknagar Police Station in Bangaluru under suspicious circumstances. The deceased was picked up along with his relative Amin Pasha on the night of 19 January 2018 for questioning relating to theft of a two-wheeler. Police claimed that he fell unconscious in Tilaknagar Police Station at midnight and was taken to a hospital where he died. A departmental inquiry was ordered to investigate the circumstances of his death in police custody.103 On 27 January 2018, Sewa Singh, aged 32 years, a resident of Guru Nanak Nagar in Amritsar district of Punjab, died in police custody due to alleged torture in Verka Police Station in Amritsar district. Police claimed that the condition of the deceased deteriorated during interrogation and he was taken to a hospital where he died during treatment. But the family of the deceased alleged that he was tortured to death. Harbhajan Singh, father of the deceased, said the police took away his son at around 5.30 am on 27 January 2018 and the police informed the family about his death at around 9 am. He further stated that his son was in good health and that the police tortured his son to death.104 On 28 January 2018, M Sahul Hameed, aged 21 years, a resident of SM Nagar under Coimbatore Rural district of Tamil Nadu, died due to alleged torture in police custody. The police claimed that on 22 January 2018, 101 . Driver dies, family suspects foul play, The Sangai Express, 23 January 2018, available at http://e-pao.net/GP.asp?src=14..230118.jan18 102 . Mantralay clerk dies in police custody, The Times of India, 19 January 2018, available at https://timesofindia.indiatimes.com/city/bhopal/mantralay-clerk-dies-in-police-custody/ articleshow/62563679.cms 103 . Suspected bike thief dies in police custody, The Times of India, 22 January 2018, available at https://timesofindia.indiatimes.com/city/bengaluru/suspected-bike-thief-dies-in-police- custody/articleshow/62585783.cms 104 . Protest after man dies in police custody, judicial probe ordered, The Tribune, 28 January 2018, available at https://www.tribuneindia.com/news/amritsar/protest-after-man-dies-in- police-custody-judicial-probe-ordered/534834.html
  • 31. (30) India: Annual Report on Torture 2018 M Sahul Hameed and M Syed Ibrahim had snatched the handbag from a woman but while trying to escape their motorcycle skidded and they suffered head injuries. But the relatives of the deceased alleged custodial torture as cause of the death. Based on their demand a case was registered under Section 176 (i) of the CrPC.105 On 30 January 2018, Selvam alias Perachi Selvam, aged 27 years, from Tirunelveli in Tamil Nadu died in police custody while allegedly being escorted to Chennai to be produced before the Advisory Committee hearing Goondas Act detention. The deceased was accused in the murder of his friend Daniel alias Diwakar and lodged in Palayamkottai Central Prison in November 2017. The police claimed that the deceased developed chest pain when the police vehicle was going near RR Nagar. He was rushed to a private hospital, where the doctors advised the police to admit him to a government hospital. He was immediately admitted to Virudhunagar Government Hospital, where an electrocardiogram was done. After being in observation for nearly an hour, he was referred to Government Rajaji Hospital in Madurai. However, when the ambulance was about to leave the hospital, Selvam allegedly suffered fits and was once again taken to the emergency ward, where he died.106 On 7 February 2018, Subash Chander alias Kaka, aged 50 years, a resident of Janipur in Jammu district of Jammu & Kashmir, died due to alleged torture at Janipur Police Station in Jammu district. The deceased was arrested by the police on 2 February in connection with a rape case lodged by the family of a minor girl and was on 10-day police remand. The police claimed that he died of cardiac arrest.107 But the family of the deceased alleged that he was beaten to death inside the lock-up.108 On 22 February 2018, Shivprasad Patel, aged 45 years, an auto rickshaw driver, died due to alleged custodial torture in Panagar area of Jabalpur district in Madhya Pradesh. The deceased’s family members alleged that 105 . Custodial death case registered after youth dies in CMCH, The Times of India, 29 January 2018, available at https://timesofindia.indiatimes.com/city/coimbatore/custodial- death-case-registered-after-youth-dies-in-cmch/articleshow/62686939.cms 106 . Remand prisoner dies in police custody, The Hindu; 30 January 2018, available at https:/ /www.thehindu.com/news/national/tamil-nadu/remand-prisoner-dies-in-police-custody- virudhunagar/article22597138.ece 107 . Rape accused dies in police custody in Jammu, United News of India (UNI), 7 February 2018, available at http://www.uniindia.com/rape-accused-dies-in-police-custody-in-jammu/ states/news/1130393.html 108 . ‘Rape accused’ dies in police custody, magisterial enquiry ordered, State Times News, 8 February 2018, available at http://news.statetimes.in/rape-accused-dies-in-police-custody- magisterial-enquiry-ordered/
  • 32. (31) India: Annual Report on Torture 2018 Patel was picked up by two constables after he refused to pay a weekly bribe of Rs 200. The Times of India reported that some local residents claimed to have seen two constables dumping Patel’s body near Devri railway crossing. Further, the incharge of Panagar Police Station allegedly hit Patel’s son with a stick when he was grieving near to the dead body. The alleged custodial death and police brutality led to violent protests by the people and the police had to resort to tear gas and lathi (baton) charge to control the situation.109 On 25 February 2018, Bobby, aged 35 years, a resident of Jahangirpur in Gautam Buddha Nagar district of Uttar Pradesh, died under mysterious circumstances in police custody. The police claimed that he jumped off the police van and was run over by a speeding truck in Jahangirpur area of Greater Noida. The deceased was one of the two suspects who were arrested for selling illegal liquor and being taken from Jahangirpur chowki to Jewar Police Station when the incident occurred. The family members of the deceased alleged that the police had arrested Bobby and Kallu with some liquor and demanded Rs 50,000 for their release and suspected that Bobby was pushed off the police van.110 On 15 March 2018, Manoj Soni, a shopkeeper, who went to the police to report a case of theft of his belongings, was allegedly tortured to death at the Rahatgarh Police Station in Sagar district of Madhya Pradesh. Manoj’s wife Neelu Soni alleged, “My husband was beaten in front of me. When I requested the police to let my husband go, they denied and asked me to come in the morning”. She claimed that when she reached the Police Station the next morning her husband had already died. The post-mortem reportedly revealed “injury marks” including on the head of the deceased.111 On 30 March 2018, N Murugesan, aged 28 years, a resident of Ullaasa Nagar near Kodarankulam in Tirunelveli district of Tamil Nadu, died at Tirunelveli Medical College and Hospital after his arrest. Police claimed 109 . Mob rampage over driver’s ‘custody death’, The Times of India, 23 February 2018, available at https://timesofindia.indiatimes.com/city/bhopal/mob-rampage-over-drivers- custody-death/articleshow/63042251.cms 110 . Man jumps off police vehicle, dies after getting hit by speeding truck, The Times of India, 25 February 2018, available at https://timesofindia.indiatimes.com/city/noida/man-jumped- off-police-vehicle-died-after-hit-by-speeding-truck/articleshow/63071345.cms 111 . Magisterial inquiry ordered into Sagar ‘custody’ death, The Times of India, 16 March 2018, available at https://timesofindia.indiatimes.com/city/bhopal/magisterial-inquiry- ordered-into-sagar-custody-death/articleshow/63336060.cms 112 . Man fleeing cops ‘injured in accident’, dies, The Times of India, 31 March 2018, available at https://timesofindia.indiatimes.com/city/madurai/man-fleeing-cops-injured-in-accident- dies/articleshow/63551223.cms
  • 33. (32) India: Annual Report on Torture 2018 that the deceased was involved in many cases of burglary and robbery. According to the police version, around 7 pm on 29 March, N Murugesan and his accomplice Manickaraja alias Raja were riding a motorcycle which met with an accident when they tried to flee on seeing the police patrol vehicle on the Madurai-Kanyakumari national highway. Police arrested both Manickaraja and Murugesan who allegedly suffered a fractured leg and other injuries. According to the police, Murugesan later suffered an epileptic attack and died in the hospital.112 On 9 April 2018, SR Sreejith, aged 26 years, a resident of Varapuzha in Ernakulam district in Kerala, died due to alleged custodial torture at Varapuzha Police Station after being picked up by the police in a case of mistaken identity on the night of 6 April.113 While the police denied any torture, the post-mortem report established brutal torture upon Sreejith, including blunt trauma and 18 injuries. The post-mortem reportedly established that the injuries on Sreejith’s body had been inflicted two days before his death, indicating that he was tortured in custody as he had been picked up by the police on the night of 6 April. The post- mortem reportedly revealed that Sreejith died of septicaemia after most of his small intestine was ruptured and the food he had eaten had spilled into other organs.114 The Kerala State Human Rights Commission (SHRC) also stated that Sreejith had sustained the injuries in police custody.115 On 19 April 2018, Sukal Sai Paharia, a health worker hailing from Bhainsadani village under Naupada district of Odisha, was summoned to Boden Police Station on suspicion of being a Maoist sympathiser and he allegedly went missing thereafter. The victim’s wife Saubhagya Paharia and the local residents alleged that Sukal Sai Paharia died due to custodial torture by the police after some locals retrieved a skeletal suspected to be of Sukal from a place 15 kilometres away from the Boden Police Station on 9 June 2018.116 On 24 April 2018, Narendra Kumar, aged 34 years, a resident of Dorali village in Meerut in Uttar Pradesh, died due to alleged torture at Mawana Police Station in Meerut district. The deceased was arrested along with 113 . Kerala: Three surrender month after Sreejith ‘custodial death’, The Indian Express, 6 May 2018 114 . Kerala torture in custody, The Telegraph, 18 April 2018 115 . Sreejith sustained injuries while in police custody: Kerala Human Rights Commission, The New Indian Express, 13 April 2018 116 . Custody death cry in Nuapada, The Telegraph, 12 June 2018, available at https:// www.telegraphindia.com/states/odisha/custody-death-cry-in-nuapada/cid/1416581
  • 34. (33) India: Annual Report on Torture 2018 three others namely Honey, Rohit and Arvind after police recovered two cows from his pickup truck in Mawana two days earlier. The family of the deceased alleged that he was falsely implicated in the case and died due to torture at the hands of the police. Mawana Station House Officer (SHO) Brijesh Kushwaha, Sub Inspector Dharmendra and Constable Omkar Singh were suspended over the death.117 On 28 April 2018, Qamar Qureshi, aged 22 years, died due to alleged torture by the police allegedly to extract confessions to the crime at Aashiana police in Lucknow, Uttar Pradesh. According to the police, Qamar and his brother Hussain, aged 20 years, were called for questioning when a scrutiny of call record details showed exchange of over 100 phone calls between the brothers and Chanchal, a transgender who was shot dead in Aashiana on 22 April 2018. The deceased’s father Mohammad Shahid claimed that his two sons were detained on 24 April and were tortured in police custody. Police handed over the brothers to their family when their condition deteriorated. Both were admitted to a private hospital where Qamar succumbed to injuries. Mohammad Shahid told The Times of India, “During treatment, Qamar said that cops gave him electric shock, strained his private parts and hit him in the abdomen with blunt wood. Hussain was also subjected to inhumane treatment by cops.” Following protests by the public, the police lodged FIR against Sub Inspector (SI) Abutalib Zaidi and other unidentified cops of Aashiana Police Station for illegal detention and torture of the deceased.118 On 2 May 2018, A. Unais, an autorickshaw driver, died at his house due to alleged torture at the Edakkad Police Station in Kannur district of Kerala. He was summoned to the Police Station on 21 February following a complaint filed by his father-in-law that he hurled stone at the latter’s house. The family members of Unais released an undelivered letter which Unais had written to the Superintendent of Police about the torture he had suffered in the Police Station. Unais in his letter said that he was tortured by the police led by a Sub Inspector. He had to be admitted at the Thalassery Co-operative Hospital on 24 February 2018 following the custodial torture.119 117 . Uttar Pradesh: Man held for cow slaughter dies in custody; Gujjars threaten protests, The Indian Express, 30 April 2018, available at https://indianexpress.com/article/cities/ lucknow/uttar-pradesh-man-held-for-cow-slaughter-dies-in-custody-gujjars-threaten- protests-5156669/ 118 . Murder suspect dies after police torture, cops booked, The Times of India, 5 May 2018, available at https://timesofindia.indiatimes.com/city/lucknow/murder-suspect-dies-after- police-torture-cops-booked/articleshow/64036822.cms 119 . Custodial torture alleged for death of youth at Edakkad, The Hindu, 15 May 2018
  • 35. (34) India: Annual Report on Torture 2018 On 6 May 2018, Sunil Kushwaha, aged 28 years, a scrap dealer, died soon after he was discharged from hospital in Agra in Uttar Pradesh where he had been admitted due to alleged torture by police. He was detained by the police in a motorcycle theft case at Firozabad’s Uttari Police Station. The police reportedly claimed that no internal or external injury was found on the body and the autopsy report cited “shock and internal haemorrhage in the stomach due to liver cirrhosis and septicemia” as the causes of the death. On 7 May, the state government ordered an inquiry into the custodial death of the deceasd after his family alleged torture in police custody.120 On 8 May 2018, Manu, aged 32 years, a resident of Neduvathoor in Kottarakar of Kerala died at Government Medical College Hospital, Kottarakar as a result of alleged torture by Excise Department officials. Relatives of the deceased alleged that Excise officers brutally assaulted the youth before taking him to the magistrate. He was arrested by the Excise Department officials over charges of selling bootleg liquor in the morning of 1 May and was remanded at Special Sub jail at Kottarakara.121 On the intervening night of 10 and 11 May 2018, Jeba Singh Ram, aged 52 years, a resident of Chand Saraya Colony in Karnal district of Haryana, was reportedly found dead in the custody of Karnal Police Station. The deceased was detained by the police for alleged possession of 150 gram contraband marijuana (ganja). The family of the deceased alleged that he died due to custodial torture.122 On 18 May 2018, Anthony, aged 25 years, a resident of resident of Ezhil Nagar in Perumbakkam in Chennai, Tamil Nadu, died due to alleged torture in police custody at the Neelankarai Police Station in Chennai, Tamil Nadu. He was arrested on 17 May for alleged robbery and was 120 . Uttar Pradesh: Probe ordered into man’s death after ‘torture’ in custody, The Indian Express, 8 May 2018, available at http://indianexpress.com/article/cities/lucknow/uttar- pradesh-probe-ordered-into-mans-death-after-torture-in-custody-5167421/ 121 . Yet another custodial death in Kerala, kin allege torture by excise officers, The New Indian Express, 9 May 2018, available at http://www.newindianexpress.com/states/kerala/ 2018/may/09/yet-another-custodial-death-in-kerala-kin-allege-torture-by-excise-officers- 1812393.html 122 . 52-year-old dies in Karnal police custody, three cops booked for murder, The Hindustan Times, 11 May 2018, available at https://www.hindustantimes.com/india-news/52-year-old- dies-in-karnal-police-custody-three-cops-booked-for-murder/story-vz8Vja5XFLyiHy IKV5l03I.html
  • 36. (35) India: Annual Report on Torture 2018 found dead in the Police Station during the wee hours of the following day.123 Three days after the incident Chennai city police commissioner A K Vishwanathanhad transferred four police officers stationed at Neelangarai Police Station.124 On 30 May 2018, Premchand, aged 29 years, son of Narsingh, a resident of Ramanthapur in Hyderabad city, Telangana, died in police custody in Yadgirigutta in Telangana. According to police, on 25 May 2018 Premchand, a labourer, stole Rs 2.07 lakh (0.207 million) cash from the auto of one Nagaraju at a godown in Sanathnagar. Based on the complaint lodged by the godown manager, a case of theft was registered and the deceased was arrested on 30 May 2018 and detained at Sanathnagar Police Station in Hyderabad. Later he was taken to Yadgirigutta to recover the stolen property and he died allegedly due to a stroke at Yadgirigutta.125 On 9 June 2018, Raja, aged 24 years, from Tamil Nadu died at the Satyavedu Police Station in Chittoor district of Andhra Pradesh. He was arrested on the charges of chain snatching. The police claimed that the deceased was already injured in beating by the public prior to his detention and he succumbed to injuries at the Government Hospital, Satyavedu.126 On 19 July 2018, Kumaraselvam, aged 50 years, died at Thanjavur Medical College Hospital in the custody of Madhukkur Police Station under Thanjavur district of Tamil Nadu under mysterious circumstances. The deceased was arrested by the police on 17 July 2018 in connection with a complaint registered by his relative with Madhukkur Police Station on 13 July 2018. The police claimed that after Kumaraselvam was brought to the Police Station on 17 July 2018 he complained of chest pain and was rushed to a hospital at Pattukottai and then shifted to the Thanjavur Medical College Hospital where he died during treatment.127 123 . Chennai man accused of robbery dies in police custody, New Indian Express, 18 May 2018, available at http://www.newindianexpress.com/cities/chennai/2018/may/18/chennai- man-accused-of-robbery-dies-in-police-custody-1816310.html 124 . Custodial death: Cops get shunted, The Times of India, 23 May 2018, available at https:/ /timesofindia.indiatimes.com/city/chennai/custodial-death-cops-get-shunted/articleshow/ 64284569.cms 125 . Suspected thief died in police custody at Hyderabad, The Times of India, 30 May 2018, available at https://timesofindia.indiatimes.com/city/hyderabad/suspected-thief-died-in- police-custody-at-hyderabad/articleshow/64390430.cms 126 . A.P. police deny custodial death, Hindu, 9 June 2018, available at https:// www.thehindu.com/news/cities/chennai/ap-police-deny-custodial-death/article24117666.ece 127 . Man dies in police custody, The Hindu, 21 July 2018, available at https:// www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/50-year-old-man-dies-in-police- custody/article24478845.ece
  • 37. (36) India: Annual Report on Torture 2018 On 20 July 2018, Javed Malik, aged 38 years, a resident of Bharat village in Doda district of Jammu and Kashmir, died due to alleged torture in police custody in Kishtwar district of the state. He was picked up on 19 July as an alleged cattle smuggler. Police officers claimed that Malik died after falling into a gorge while trying to escape from custody. But Malik’s family stated that the deceased was a shopkeeper and not a cattle smuggler and that his body bore torture marks. The family further stated that he had a deformed foot and could barely walk and therefore there was no way he could have made it to the gorge, 4 km away.128 On 21 July 2018, Vidyadhar Kini, aged 46 years, died in police custody at Arnala coastal Police Station in Palghar district of Maharashtra a few hours after his arrest. The deceased was arrested for allegedly assaulting a tribal woman in February 2018 and was remanded to police custody by a local court. According to police, Kini allegedly got a seizure around 8.15 pm. He was taken to Sanjeevani Hospital in Virar where he was declared brought dead.129 On 25 July 2018, Sukhraj Singh, aged 56 years, an employee of Haryana Electricity Board, died at his home at Indira Colony in Chandigarh due to alleged torture by the police. Sukhraj, who was paralysed, was picked up by a Police Control Room (PCR) team on a complaint of eve-teasing on July 23. Laxman, son of the deceased, alleged that despite repeated pleas of the family members and neighbours, the policemen, along with the kin of the woman (complainant) thrashed the deceased and dragged him inside their vehicle on July 23. The witnesses identified three police personnel as Constables Narinder Singh and Paras and a volunteer named Bhupinder Singh who thrashed the deceased. Laxman further stated that when his father was released from the IT Park Police Station he was unable to walk properly and he succumbed to the injuries on 25 July.130 On 2 August 2018, M Manikandan, aged 25 years, a resident of Mudukulathur town in Ramanathapuram district of Tamil Nadu, died in the custody of Mudukulathur Police Station due to alleged torture. The deceased was first picked up for interrogation on 1 August 2018 in connection with a theft case but was let off. He was again picked up on 2 128 . Custody death protest, The Telegraph, 25 July 2018, available at https:// www.telegraphindia.com/india/custody-death-protest/cid/1352176 129 . Hours after arrest, 46-yr-old dies in custody, The Times of India, 23 July 2018 130 . Chandigarh: Family alleges police torture, SSP orders probe into death of power board staffer, The Indian Express, 27 July 2018, available at https://indianexpress.com/article/ cities/chandigarh/chandigarh-family-alleges-police-torture-ssp-orders-probe-into-death-of- power-board-staffer-5278631/
  • 38. (37) India: Annual Report on Torture 2018 August and allegedly tortured to own up the crime.131 On 7 August, five police personnel, including a Sub-Inspector, attached to Mudukulathur Police Station were transferred to Armed Reserve (AR) Police pending a magisterial inquiry under Section 176(1A) CrPC into the custodial death of Manikandan.132 On 8 August 2018, Chandan Bharali, aged 23 years, a resident of Chaygaon in Kamrup district of Assam, was allegedly found hanging from a tree, about 150 metres away from the Panikhaiti police outpost in Guwahati, a day after the judicial magistrate sent him to three days of police custody. The deceased was arrested from Fancy Bazaar area in Guwahati on 7 August in connection with an alleged blackmailing case. He was produced in the court of Kamrup chief judicial magistrate, Guwahati which remanded him in three days’ police custody. But the police claimed that he went missing on the night of 7 August and his body was found hanging from a tree about 150 metres from the police outpost the next morning.133 However, the family members of the deceased alleged that he was tortured to death and later the body was hung to look like a suicide.134 Deputy Commissioner of Police (Central Guwahati) Ranjan Bhuyan stated that Assistant Sub Inspector (ASI) Tarak Deka and Constable Biswajit Sarma of Panikhaiti police outpost were suspended after a preliminary inquiry revealed lapses on their part.135 On 8 August 2018, Maskur Nabi, aged 60 years, was allegedly tortured to death by the police personnel of Bisauli Police Station at Sangrampur village under Badaun district of Uttar Pradesh. The deceased’s son Akbar alleged that two sub-inspectors, a constable and a home guard detained him (Akbar) to take him to the Police Station. When his father Maskur Nabi saw the policemen detaining him, he wanted to know the reasons for the arrest. At this, the policemen were infuriated and assaulted him which led to his death. On the night of 8 August 2018, when the villagers staged a protest, police sent the body for post-mortem and booked sub- 131 . Family stages protest alleging custodial death, New Indian Express, 4 August 2018, available at http://www.newindianexpress.com/states/tamil-nadu/2018/aug/04/family-stages- protest-alleging-custodial-death-1852982.html 132 . Suspected custodial death: police personnel moved to AR wing, The Hindu, 8 August 2018, available at https://www.thehindu.com/news/cities/Madurai/suspected-custodial-death- police-personnel-moved-to-ar-wing-ramanathapuram/article24634788.ece 133 . Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https:// www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238 134 . Custody death slur on police, The Telegraph, 9 August 2018, available at https:// www.telegraphindia.com/states/north-east/custody-death-slur-on-police/cid/1216892 135 . Heads roll in ‘custody death’, The Telegraph, 10 August 2018, available at https:// www.telegraphindia.com/states/north-east/heads-roll-in-custody-death-251238
  • 39. (38) India: Annual Report on Torture 2018 inspectors Sunil Kumar and Ajit Kumar, constable Suresh Kumar and an unidentified home guard under section 304 (culpable homicide not amounting to murder) of IPC, following the complaint of Akbar. Senior Superintendent of Police (SSP) Ashok Kumar suspended the three policemen and recommended strict action against the home guard.136 On 11 August 2018, Hillary Ch Momin died due to alleged custodial torture at Dagal Police Station in Songsak area under the East Garo Hills district of Meghalaya. Police claimed that he was picked up in the night of 3 August for shouting in the middle of the road in a drunken state at Chidimit Nengsat village near St Joseph’s School. He was taken to the outpost lock-up for the night and released in the afternoon at 2 pm on 4 August. He later died due to alleged torture in police custody.137 On 12 August 2018, Arun, aged 29 years, a resident of Sitarampur village under Munger district of Bihar, was allegedly tortured to death by the police at New Anaj Mandi, Salarpur road under Kurukshetra district of Haryana. The deceased came from Bihar to Anaj Mandi in Kurukshetra on 10 August 2018 along with his wife and children to find employment. The deceased’s wife Rinku stated that on 12 August 2018 his husband had a drink with one of his friends and each of them went to sleep. But, after few minutes her husband’s friend returned and pulled her husband out from the hut. Later, the police came and allegedly started beating her husband. The deceased was allegedly injured in the beating by the police and later died in a hospital.138 On 13 August 2018, Mohammad Islam Qureshi, aged 30 years, was allegedly tortured to death in police custody at the office of the District Collector, Rampur in Uttar Pradesh. The deceased, a resident of Rampur, surrendered before the Additional Chief Judicial Magistrate, Rampur District in connection with a case registered against him under the Prevention of Cow Slaughter Act on 12 August 2018. The court ordered that he be sent to judicial custody. But before taking him to jail he was taken to the police lockup at the District Collector’s office where he died on the evening of 13 August 2018. The police claimed that the deceased complained of chest pain and was rushed to Rampur District Hospital where he died during treatment. However, the deceased’s cousin Islam 136 . Three cops booked for culpable homicide, The Times of India, 10 August 2018 137 . Villagers Cry Custodial Assault After Man Dies, The Shillong Times, 12 August 2018, available at http://www.theshillongtimes.com/2018/08/12/villagers-cry-custodial-assault- after-man-dies/ 138 . NHRC Case No.1984/7/11/2018
  • 40. (39) India: Annual Report on Torture 2018 Qureshi alleged that Mohammad Islam Qureshi did not have any medical history and alleged that he was tortured to death in police custody.139 In the early morning of On 25 August 2018, Moulishwaran, aged 22 years, a college student, was found death on the railway track near Ponneri in Thiruvallur district of Tamil Nadu. The deceased, a resident of Chinnakavanam village in Ponneri, was picked up and taken to Gummidipoondi Railway Protection Force (RPF) post for inquiry into certain matters. RPF officials claimed that the youth was handed over by the residents of Chinnakavanan village to the gateman of level crossing gate 26 near Ponneri and that the deceased had escaped from their custody and committed suicide on the railway tracks. But the friends and villagers alleged that the deceased was killed by the RPF during interrogation and his dead body was thrown on the tracks to make it look like a case of suicide.140 On 27 August 2018, Phulchand Nishad, aged 38 years, resident of Jaspura in Banda district in Uttar Pradesh, allegedly died while returning home from the Jaspura Police Station. The deceased’s son Golu alleged that the police had beaten his father at the Police Station, due to which he died while returning back home. The police had called the deceased and his brother after the former had filed a complaint against his brother for beating his son and nephew.141 On 30 August 2018, Rama, aged 36 years, a resident of Kapasan city in Chittaurgarh district in Rajasthan, allegedly died at Railmagra Police Station in Rajsamand district in Rajasthan a few hours after he was taken into custody. He was arrested for interrogation in connection with a robbery that had happened on 22 August 2018 at a temple in the district. The deceased’s wife said she went to the Railmagra Police Station in the evening of 30 August 2018 but the police refused to share any information about her husband.142 139 . Man dies in police custody, family demands probe, The Times of India, 13 August 2018 140 . Youth taken to RPF post for inquiry found dead in Ponneri, The Hindu, 27 August 2018, available at https://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/youth-taken- for-inquiry-found-dead-on-track/article24788160.ece 141 . Thane me pithai se maut ka aarop laga jam ki sadak, Jagran.com, 28 August 2018, available at https://www.jagran.com/uttar-pradesh/banda-road-to-jam-accused-of-death-by- beating-in-police-station-18364220.html 142 . Loot ke aaropi Rama ki police hirasat me maut, m.dailyhunt.in, 31 August 2018, available at https://m.dailyhunt.in/news/india/hindi/indias+news-epaper-indnews/ lut+ke+aaropi+rama+ki+pulis+hirasat+me+maut-newsid-95833512
  • 41. (40) India: Annual Report on Torture 2018 On 11 September 2018, Gorle Pydi Raju, a resident of Nellimarla of Vizianagaram district in Andhra Pradesh, died due to allegedly torture during interrogation in the custody of the Central Crime Station (CCS) in Visakhapatnam in Andhra Pradesh. The deceased was arrested for his involvement in a number of burglaries.143 On 27 September 2018, the police informed the Hyderabad High Court that Gorle Pydi Raju died in a private hospital and not in the lock up of CCS of Visakhapatnam. The Station House Officer of the CCS in an affidavit filed before the High Court stating that Pydi Raju was apprehended by the patrolling team in the early hours on 10 September at MVP Colony and he was brought to the CCS and later was let free in view of bandobust duties of Bharath Bandh on next day due to shortage of staff. According to the affidavit, the wife of the deceased took her husband to a private hospital due to ill health and while undergoing treatment, he died.144 On 6 October 2018, Shaik Babar Basha, aged 28 years, a resident of Velupadu village in Nellore district of Andhra Pradesh, died due to alleged torture in the custody of the police. The deceased was arrested in connection with a case of theft of a Toyota Innova car pursuant to a complaint filed against him by one Santosh at Ulavapadu Police Station on 4 September 2018. Police claimed that on 6 October 2018 when the police were about to take him to Guntur to recover the stolen car, he complained of chest pain and was taken to Ulavapadu Primary Health Centre and subsequently shifted to a hospital at Kandukur town where he died during treatment on the same day (6 October).145 On 14 October 2018, A. Karthik, aged 36 years, a resident of B V Colony in Vyasarpadi area of Chennai, Tamil Nadu, died due to alleged torture during interrogation in the custody of MKB Nagar Police Station in Chennai. The deceased was arrested in the morning of 14 October 2018 pursuant to a complaint of robbery filed against him.146 Police claimed 143 . Suspect ‘dies’ in police custody, The Hindu, 12 September 2018, available at https:// www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/suspect-dies-in-police- custody/article24931716.ece 144 . Pydi Raju died in hospital, Hyderabad High Court told, The Deccan Chronicle, 28 September 2018, available at https://www.deccanchronicle.com/nation/current-affairs/ 280918/pydi-raju-died-in-hospital-hyderabad-high-court-told.html 145 . Man dies in police custody, The Hindu, 8 October 2018, available at https:// www.thehindu.com/news/national/andhra-pradesh/man-dies-in-police-custody/ article25151371.ece 146 . 36-year-old Chennai man dies in police custody, relatives allege foul play, The New Indian Express, 15 October 2018, available at http://www.newindianexpress.com/cities/chennai/ 2018/oct/15/36-year-old-chennai-man-dies-in-police-custody-relatives-allege-foul-play- 1885612.html