Custodial Death Of 2 Men In Bihar: SC To Hear Plea For SIT Probe

Almost four months after two Muslim men in Bihar became victims of alleged custodial torture, the Supreme Court will hear next weak a petition demanding an SIT probe into the incident.

The petition moved by open collective 'Citizens Against Hate' through its convener, Sajjad Hassan, a former IAS officer, alleges that Bihar government has shielded the guilty police personnel.

The plea filed through advocate Fauzia Shakil demands an SIT probe monitored by a former Director General of Police of another State besides a magisterial inquiry into the death of Taslim Ansari and Ghufran Ansari.

Taslim and Ghufran were picked up by Chakiya Police on the intervening night of March 5 and 6 in connection with a motorcycle theft case.

They were later taken to Dumrah police station. The following day, the families were informed that both the men have died.

According to the family members of the deceased, when the bodies were handed over to them, they noticed indications of brutal torture in custody with signs of nails hammered in their thighs and wrist, injuries to private parts, electric shocks, broken bones etc.

The post-mortem report, however, did not record anything and the NGO alleges that the doctors, as part of the cover-up to shield the accused cops, reversed their findings.

The Plea says, "Since it was a custodial death, the NHRC guidelines provide that the post-mortem has to be videographer and recorded in a certain format....but in this case, to wipe out visible signs of ante-mortem torture and evidence of barbaric custodial violence meted out to the two men, the postmortem was neither videographer not findings recorded in a certain format."

To drive home the illegal manner in which the police personnel was being shielded, the plea states how only SHO Dumra Chandrabhushan Singh was arrested on March 7 but he also managed to escape from custody the same day.

It also adds that while five police personnel were suspended after hue and cry raised over the incident, only Singh was named in the FIR while no police personnel from Chakiya was named.

Till date, no police personnel have been arrested.

It is to be noted that on March 15, 38 members of 'Constitution Conduct Group' a collective of retired IAS, IPS, IFS officers wrote an open letter to Chief Minister of Bihar expressing serious violation of human rights and demanding immediate arrest of guilty cops and proper inquiry.

No fear of Contempt of Court

The plea further states that the incident makes it clear that there is no fear of contempt of court in the mind of State and its agencies.

"Despite formulation of different guidelines and stress of various judgments regarding protection from custodial torture, the fundamental rights of victims of custodial violence, more particularly enshrined in Article 21, the state and its agencies have remained adamant to brazenly violate the same and the threat of contempt of court in not adhering to guidelines enshrined in D K Basu case has failed to act as a deterrent and prevent continuing instances of custodial violence," says the petitioner which had earlier also moved court against instances of custodial violence in Uttar Pradesh.

The petitioner has also prayed that contempt of court proceedings be initiated against the police officials in the instant case.

It also prays that State be directed to pay exemplary compensation to the families of the two deceased.

Besides this, it prays that guidelines be issued for calculating compensation in cases of custodial tortures and deaths.