- (1.) POLICE lock-up or death trap? Police lawlessness or rule of law? Police muscle or personal modesty? Police harassment or human rights? Yet again a case of custodial death has given rise to myriad hard-touching and soul searching questions. In this country where rule of law is inherent in each and every action and right of life and liberty is prized fundamental right adorning highest place amongst all important fundamental rights, whether life has no meaning to a person in police custody? Whether personal modesty, decency, dignity on arrest of a person are increasingly exposed to third-degree practices which over-step the bounds of propriety? How long, harsh, crude, oppressive, excessive and torturous third-degree methods to the arrested person in the name of seeking information or investigation can be allowed to continue? Whether police personnel are custodians of law and order or of law unto themselves and depredators of civil liberties? Whether to strip a person of his clothes and making him bare, naked and employing all sorts of physical and mental torture is not violative of prized constitutional right enshrined under Article 21 of the Constitution of India? Whether police power admits of non human rights of a person in its custody? Whether for in human acts of its officers and servants, the State must be made liable for violation of fundamental rights of its citizens?
(2.) A sad and pathetic scenario first.
(3.) IN the intervening night of 23-6-1993 and 24-3-1993 at 00. 45 hours, police party consisting of Police Inspector Narule, Assistant Police Inspector Karade, Police-Sub Inspector Kadu, H. C. Nilkanth (B/no. 2180), H. C. Jahiruddin Deshmukh (B/no. 2562), H. C. Raghunath (B/no. 1417), H. C. Namdeo (B/no. 2982), P. C. Ramesh (B/no. 2376), P. C. Sudhakar (B/no. 1784) and P. C. (B/no. 3091) of Crime Branch Office, Nagpur (City) went to the house of one Jaoinous Adam Illamatti, resident of quarter No. B/363, Ajni Railway, Nagpur. The said police personnel forcibly dragged Jaonious from his house and he was beaten by the said police personnel near his house and then in the police lock-up. According to the averments made in the writ petition which was initially filed in the cover of public interest litigation by the Christian Community Welfare Council of India, a registered society for development, defence, public justice and solving problems of the minority christian community to safeguard and protect the fundamental rights guaranteed to the citizens of India, but later on the petitioner No. 2 Mrs. Jarina wd/o Jaonious Adam Illamatti was impleaded and the State of Maharashtra which was initially made party through the Commissioner of Police, Nagpur was further added party through the Home Secretary, Bombay, late Jaonious Adam was taken into unlawful custody and while arresting said Jaonious, the Police personnel also illegally detained his wife Jarina (petitioner No. 2) and when she objected, the Police personnel assaulted her and later on they molested and beat her. The aforesaid police officials severely assaulted and gave beating to Jaonious in the police lock-up with the result, in the early hours of 24th June, 1993 Jaonious died in the lock-up. The wife Jarina also lodged a complaint later on that Jaonious Adam was so severely beaten by the Police while in their unlawful custody and detention that he died there in the police lock-up and they also molested her and to cover their crime, had threatened her to the consequences of death. According to the averments in the writ petition, the aforesaid police officials who took part in this sordid game of beating and molestation of a person belonging to the minority christian community, have managed to slip away due to connivance of high officials of Police Department. The allegations against the Deputy Superintendent of Police Mr. Godbole, the Investigating Officer in the crime, have also been made to the effect that he was reluctant to charge the accused persons with murder despite clear evidence of brutality and excesses perpetuated by the police personnel on Jaonious resulting into his death and instead of registering the case of murder under section 302 of the Indian Penal Code, a case under section 304 of the Indian Penal Code was registered which gave an opportunity to those police officials to abscond. The petitioners in the writ petition have stated that the present case of custody death is not the first in the city, but there has been several such cases. The beating/assault and subsequent death is covered under excesses by the police and a matter of human rights protection and calls for serious consideration and if the law enforcing authority takes law in its hand and kills or murders detainees, the fundamental right of life and safety and freedom would be entirely crushed and breached. Deceased Jaonious was employed as class IV employee (Khalasi) in the Central Railway and drawing a salary of Rs. 1,600/- per month and according to the petitioners, he was 32 years of age and survived by his widow, the petitioner No. 2, one minor son and one minor daughter. The petitioners have alleged that this is a case where the State C. I. D. and the Investigating Officer have allowed several lapses which has created a suspicion in the mind of people whether there would be fair, prompt and just investigation and according to the petitioners, therefore, it was necessary that investigation was handed over to the Central Bureau of Investigation (C. B. I.), because it related to the crime perpetuated by the police officials.;