Murder most foul: on custodial torture and deaths

The Hindu

2 days ago

Nearly 15 years after the Supreme Court of India described custodial torture and deaths as the most heinous crime committed by men in uniform, brutal third-degree treatment of suspects remains a chilling reality. Emboldened policemen, with contempt for procedure, show no hesitation in resorting to violence, not just within but also outside police stations. In Tamil Nadu, the recent death of a young man, Ajith Kumar, who was detained and tortured by a special police team, in plain clothes, for alleged theft in Sivaganga district, underscores the deeply ingrained authoritarian and intimidating nature of the police force. The impunity with which he was detained, without a formal complaint or the registration of a First Information Report, illustrates just how normalised such disturbing behaviour has become in policing. Under the direction of the Manamadurai Deputy Superintendent of Police (DSP), Ajith Kumar was taken by the team to several secluded spots and subject to lathi blows to force him into confessing to have committed the theft — a woman visiting a temple in Madapuram had asked him to park her car; she later claimed that jewellery in the car was missing. Ajith collapsed under the brutality and the theft remains unproven. Justice S.M. Subramanian of the Madras High Court (Madurai Bench) aptly said, 'It is almost police-organised crime... Very crudely, we have to say it is the state killing its own citizen.'
Most victims are from oppressed backgrounds, making them easy targets. In this case, attempts at a cover-up failed due to protests and political outrage. With the custodial murder of a father and son in Sattankulam during the COVID-19 pandemic still fresh in public memory, Chief Minister M.K. Stalin wasted no time in damage control. Seven policemen, including the DSP were suspended; later, five were arrested. The case was transferred to the CBI. Mindful of a political fallout, with the Assembly elections nine months away, Mr. Stalin apologised to the victim's mother. Solatium was offered, including a cooperative society job to his brother, and a housing plot to the family. Mr. Stalin said that such incidents are 'unforgivable' and 'unjustifiable' — views he has not aired in suspected custodial death cases in the past four years. However, these measures alone will not bring closure to the families. As directed by the High Court, he must ensure there is action against senior police officers, if their involvement is proven. A fast track trial is needed. It is time for the law-keepers to fall in line and for such killings to end.