INDIA: Police Sub Inspector assaults innocent persons in Kerala

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Nervazhi, a local human rights organisation based in Thrissur, Kerala regarding an incident where a Sub Inspector of Police assaulted members of a family in public. It is alleged that the police officer was forcing to illegally settle a civil dispute. It is also alleged that when the victims informed the officer that they would complain to the court, the officer shouted at the victims saying that he is not worried about any courts. The police officer involved in this case has in the past supported criminals to illegally evict old women from their house. For further information regarding this case please see UA-123-2007.

CASE DETAILS:

Mr. Sukumaran and his wife Gauri are the residents of Edavilangu village within the jurisdiction of Kodungalur police station in Thrissur district of Kerala state. Sukumaran had a boundary dispute with his neighbor Mr. Pankajan. Pankajan had filed a complaint regarding the dispute on 28 May, 2007 at the local police station against Sukumaran. The Kodungalur police asked Sukumaran to report at the police station on 29 May, 2007 to inquire into the complaint. Sukumaran went to the police station on 29 May at about 10 am along with his wife Gauri, younger brother Mr. Srinivasan and a local political activist Mr. Sasi.

When Sukumaran reported at the police station the Sub Inspector was not present at the station. Sukumaran inquired what he should do with a police constable Mr. Sajeevan who was present at the station. Police Constable Sajeevan informed Sukumaran that the Sub Inspector had informed that he is inquiring into the complaint filed against Sukumaran and had left the police station. Hearing this Sukumaran returned home from the police station.

On the same day at about 12pm Police Sub Inspector Mr. T. S. Sinoj came to Sukumaran’s house in a police jeep. The officer came inside the compound and asked for Sukumaran. Sukumaran who was present in the house came out and informed the officer that he is the person whom the officer was looking for. The officer asked Sukumaran why he had closed a pathway adjacent to his house by fencing it. Sukumaran informed the officer that the land belongs to him and that his neighbor Pankajan had no right to this land and that was the reason why he had fenced the property. Sukumaran also tried to show the copy of the title deed of the property to the police officer.

The police officer asked Sukumaran to read from the document. Sukumaran informed the officer that he did not have his reading glasses and that he could not read without it. At this point the officer asked Sukumaran to keep the documents with him and orderd him to remove the fence. Sukumaran replied that the property belongs to him and that he will not remove the fence around his property and also informed the officer that if the officer so wish he could remove it.

The officer became angry and walked towards the fence and pulled out a few sticks from the fence. The officer ordered a passerby to remove the rest of the fence. In the meanwhile Sukumaran’s brother Mr. Srinivasan and his friend Mr. Sasi came to the place. Sasi asked why the fence was removed. The officer said that it was him who removed the fence and said that if they had any complaints to approach the court. At this point Sasi approached the officer with the title deed of the property and asked the police officer to read the document so that he could understand that what Sukumaran had done by fencing his property was not illegal.

The officer became very angry at this point and shouted at Sasi that he did not want to see any such document and said that he is the authority in the locality and that he does not care for any document or court and slapped Sasi on his face. Sasi lost his balance and was about to fall down. The officer kicked Sasi on his back. The officer also shouted that this is what will happen to those who are more informed about the law. In the meanwhile Sukumaran was trying to stop the officer from further attacking Sasi. The officer immediately punched Sukumaran in his left eye. The officer also punched Sukumaran in his navel.

Seeing this Sukumaran’s wife approached the officer pleading to the officer not to attack her husband. The officer pushed Gauri and she fell on the road. Seeing all these several people came around the police vehicle. Sukumaran, Sasi and Gauri lied down in front of the police vehicle and demanded that unless senior police officers intervene they will not move from the road. The local people who had gathered at the scene also supported this. Later the Police Circle Inspector from Mala Police Station had to come to the scene and assure the people and the victims that he would take appropriate actions against the police officer. With this assurance the officer was allowed to go.

The Circle Inspector also took Sukumaran, his wife and Sasi to Kodungalur Government General Hospital and admitted them at the hospital for treatment. (To see pictures: photo 1, photo 2, photo 3) They were discharged on 31 May 2007. In the meanwhile the police officer also went to the hospital as an outpatient. This is alleged and suspected to be an attempt by the police officer to create a false document to show that he was assaulted by the victims. It is also alleged that based on this document the police would register a counter case against the victims and get the issue forcibly settled.

BACKGROUND INFORMATION:

In Kerala it is regular practice for police officers to involve in disputes of civil nature, particularly those relating to property. In fact the police have a role to play in such disputes only if there is a law and order issue. But the police officers somehow or other get themselves into these issues and force settlements at the police station accepting money from the parties to the dispute.

This is often exploited by those who try to circumvent legal procedures to establish illegal claims over someone else or their property. In most cases where the police intervene the complainant would be a person who would normally loose a case in a civil dispute had the case been taken to the civil court.

This is exploited by the members of political parties in the locality. However in this case the party man was with the victims who had suffered due to the police and in fact he himself was assaulted by the police.

The regular practice in Kerala is that once there is a complaint against a particular police officer the police register a counter case against the victim and later force a settlement. This is because the delay in the courts to decide cases. It is also because of the absence of any proper law to punish erring police officers. Additionally torture or inhuman treatment by law enforcement officers is not yet declared a crime in India. India has not yet ratified the United Nations International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

SUGGESTED ACTION:

Please write a letter to the relevant authorities mentioned below to ensure that the police officer responsible for assaulting Sukumaran, Gauri and Sasi is punished. The AHRC is also writing a separate letter to the United Nations Special Rapporteur on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for an intervention in this case.

To support this case, please click here: SEND APPEAL LETTER