Tanur Custodial Death: Kerala High Court Asks Crime Branch For Case Diary To Ascertain If CBI Probe Necessary

The Kerala High Court on Friday directed the production of case diary along with the investigation report to ascertain the progress of investigation into the death of Tamir Jifri in custody at Tanur Police station at Malappuram. The Court will ascertain the progress of Crime Branch and decide if the probe has to be handed over to the CBI.

Justice A. Badharudeen held thus:

“In order to hear the matter in detail, the learned Public Prosecutor is directed to produce the case diary along with the report of the Investigating Officer to ascertain the progress of investigation, and to consider whether CBI investigation is necessary, within a period of 14 days.”

The bench was hearing a writ petition filed by Tamir Jifri’s brother, Haris P.M, seeking a direction to Deputy Superintendent of Police, Crime Branch at Malappuram to stop conducting the investigation and to hand over the case to CBI.

Tamir Jifri was merely thirty years old when he was taken into custody by the members of the (District Anti Narcotic Special Action Force) DANSAF under the suspicion of possessing narcotic drugs. Allegedly, DANSAF was a secret and special squad functioning under the Office of the District Police Chief, Malappuram. It was alleged that DANSAF took the petitioner’s brother and others to a torture Centre in Tanur at Malappuram on July 31, 2023 for further questioning as no drugs were found in their possession. Tamir Jafri was tortured brutally by the members of DANSAF in custody, the petitioner submitted.

“From the torture centre, the members of DANSAF meted out the third degree to the Petitioner’s brother and physically assaulted and tortured him for hours until blood spilled from his mouth. The petitioner’s brother was gagged and beaten with rods and other dangerous weapons for hours. He was also brutally thrashed from the bathroom. Though the other persons in custody pleaded with the members of the DANSAF to spare the petitioner’s brother and take him to hospital immediately, their appeals fell on deaf ears,” his plea states.

DANSAF later handed over the custody of petitioner’s brother to Tanur Police Station, where he died on August 1, 2023.

It was alleged that the Police failed to register the FIR and that the investigation conducted by the police was improper. It was alleged that the officials who were responsible for the death of Tamir Jafri were not arrested. The plea states that the petitioner’s brother has a right to free and fair investigation and that CBI should start the investigation without any delay.

He also alleged that the police were trying to destroy the evidence and save the members of DANSAF. The plea reads thus, “Any investigation into the matter by the Police or Crime Branch would not be independent. It is imperative that the CBI, a central and independent agency, immediately commences the investigation so as to bring out the truth.”

The matter has been posted to September 07, for further hearing.

Case title: Haris P.M. V State of Kerala

Case number: WP (Crl.) No. 860 Of 2023

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