Torture Of Convict : Unhappy With DIG's Enquiry; Attempt To Protect Prison Officials, Says Kerala High Court

The Kerala High Court on Monday expressed dissatisfaction at the enquiry report submitted by the DIG Prisons regarding the torture of Tittu Jerome, a convict serving life term in the Kevin murder case, in Central Prison, Poojappura.

"We are unhappy at the manner in which enquiry report has been submitted by the DIG, who has been authorized by the DGP", observed a bench comprising Justices K Vinod Chandran and MR Anitha.

The bench also expressed a prima facie view that the DIG's report is an attempt to "safeguard the prison personnel who are involved in the alleged torture of inmates of the Central Prison".

The bench made these significant observations in the habeas corpus petition filed by Tittu Jerome's parents saying that their son was subjected to brutal assault in the prison.

On January 8, when the petition was first considered, the bench had made an urgent intervention by directing the Additional District Judge and the District Medical Officer of Thiruvananthapuram to visit the prison and ascertain the condition of Tittu Jerome. That day evening itself, the Addl District Judge submitted a report stating that there were indications  of torture against the prisoner and that he has been shifted to Medical College Hospital suspecting renal injury.

The bench then ordered the DGP(Prisons) to probe into the incident.

In the enquiry report submitted by the DIG(Prisons) Ajay Kumar, who was authorized by the DGP to carry out the probe, there was an attempt to discredit the convicts' complaint regarding torture by terming it a 'retaliatory measure' against the action taken by the prison officials against them for smuggling liquor into prison. It was stated that enquiry was ordered against four convicts, including Tittu Jerome, for smuggling liquor into priosn. The report also stated that the report of the Medical Officer at Prison did not indicate that the convicts suffered any torture or injury.

The bench expressed surprise at this report of the Medical Officer because it was at variance with the report of the medical examination done later on the same day as per its directions.

"This is quite contrary to the report filed by the Consultant Physician and Junior Consultant Physician who examined Shri.Tittu Jerome on our directions at 4PM on the same day after the examination by the Medical Officer, Central Prison", the bench noted.

After making a note of the injuries recorded in the second medical report which are absent in the Prison Medical Officer's report, the bench observed :

"It is quite strange that the medical officer who examined the body of the convict at 1.45 PM did not notice the facts as recorded by two Medical Officers at 4PM", the bench said.

The bench also pulled by the DIG for giving statements to media against the convicts' complaint of torture before filing the report in the court.

"We record our anguish in such details being made available to the media before the report is submitted to this Court. We direct the DGP, Prisons to conduct an enquiry on the aspects above noticed and file a report within a period of two weeks", the bench observed.

The Court said that it will not interfere with the disciplinary actions stated to have been taken against the prison officials but said that the DGP Prisons should file a report regarding the concerns raised by it about the DIG's report.

The Court further directed the jurisdictional Judicial Magistrate to record the statement of Tittu Jerome and take further steps under the Code of Criminal Procedure, 1973.

The case will be next considered on January 13.

Senior Advocate Dr K P Satheesan assisted by Advocate SK Adithyan appeared for Jerome Kochukutty and Valsamma, the parents of Tittue Jerome, in the habeas petition.

Click here to read/download the order