Custodial Death of Alleged Naxal Woman: Chhattisgarh High Court Seeks State's Reply; Asks Police To Make Available Post Mortem Report To Parents

A Single Bench of Justice Sanjay K. Agrawal issued notice to the State Government after hearing Advocate Kishore Narayan, appearing on behalf of the woman's bereaved parents. It also asked the concerned Superintendent of Police to make post-mortem report of the woman available to her parents.

The order stated,

"Petitioners are at liberty to move application before the Superintendent of Police, Dantewada, for granting copy of post mortem report of their daughter and that application will be considered by the concerned Superintendent of Police in accordance with law within seven days from the date of filing of the application."

The alleged naxal woman in question was reported to have surrendered under 'Lon Varratu'— a campaign launched by the local police to convince Maoists to "surrender", after which they'll be rehabilitated.

Days after the woman allegedly surrendered, it was reported that she committed suicide in police custody.

In the criminal writ petition moved by her parents, it is claimed that their daughter was not a naxal. It is alleged that on February 18, she was abducted by members of the District Reserve Group (DRG) and tortured to forcefully surrender under the Lon Varratu campaign.

On February 19, the Police held a press conference presenting six women as surrendered Naxalites, including their daughter.

On the next day, upon finding out that their daughter is detained in Karli Pocie line, the Petitioners claim to have visited her. They allege that their daughter's face was swollen and she informed that after being abducted, she was tied to a tree in a jungle and was threatened to surrender. She was beaten black and blue at the Police station and assaulted with a lathi.

As per the plea, when the Petitioners urged the Police to release their daughter, the officer assured that she will be released within a week upon completion of inquiry. Three days later however, when the Petitioners again visited the Police station, they were informed that their daughter has committed suicide.

The next day, her body was handed over to the Petitioners, after conducting a post-mortem. However, despite several requests, the post-mortem report was not shared with them.

The Petitioners allege that there was no sign of suicide by hanging on their daughter's dead body and they strongly apprehend that she was killed in Police custody due to physical torture and perhaps sexual assault.

They further allege,

"the post mortem has been done in haste and the guidelines with respect to post mortem passed by Hon'ble Supreme Court in People's Union for Civil Liberties and another Vs. State of Maharashtra, (2014) 10 SCC 635 have not been followed."

The guidelines provide that in case of Police encounters, post mortem must be conducted by two doctors of District Hospital and one of them should be head of a District Hospital. Post mortem shall be videographed and preserved. The cause of death Should be found out whether it was natural death, accidental death, suicide or homicide.

Apart from an independent inquiry to be conducted by a SIT, the Petitioner s have also sought compensation of at least Rs. 20 lakh. 

The State has been granted six weeks' time to reply in the matter.

Case Title: Somdi Kowasi & Anr. v. State of Chhattisgarh & Ors.

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