INDIA: Home Minister’s relative torture a student in custody

On 14 June 2010, I left home at about 7pm to go to my mother’s house in Chelakkara. I borrowed the motorcycle bearing number KL-8-A-2831, of my friend Ramesh to travel. When I was retuning, an umbrella that I had kept tied to the motorcycle fell off on the road, though I did not notice it. When I was near a place called Uravampadam, it started raining. I stopped the bike to get the umbrella only to realise that it had fallen off from the bike without my knowledge. I waited till the rain subsided. 

Then I went back looking for the umbrella on the road. When I found the umbrella, I walked back to the motorcycle. It was about 8pm then. When I was about to reach the motorcycle, a person approached me on his motorcycle and inquired why I was there. I informed him that I was returning from my mother’s house and that I had to stop since it rained and had to look for the umbrella that had dropped off from my motorcycle. To this, the person replied that he suspects that I am a thief and that I was responsible for the theft of a gold chain from a nearby house that happened in March. I refused and further felt insulted of being accused of theft by a stranger in an unfamiliar place. So I argued with him how dare he accuses someone of theft. Without any provocation, this person left his bike and held me by my shirt collar and slapped me on my face. 

I was confused, angry and sad at the same time, being assaulted by a stranger. I did not know what to do at the time. Within minutes few more persons gathered at the place and asked why I was being assaulted, for which the stranger who assaulted me informed that I am a thief and that he has apprehended me and asked the people who gathered to also hit me. I was scared. So I ran away from the people. At this, they started chasing me yelling at me to stop and at the same time shouting out that a thief is on the run. 

Within minutes, they stopped me. Then they surrounded me and started interrogating me as if I am a real thief apprehended while committing theft. I cried and shouted at the same time yelling at them that I am not a thief and that I was returning home. Soon I realised that they will further harm me and fearing for my life, I pleaded them to call for the police, expecting that the police would help me to prove my innocence. 

Someone telephoned the police and three police officers from Peechi Police Station soon arrived at the scene. The police officers took me to Peechi Police Station. Once inside the police vehicle, I informed the police officers what had happened. They refused to listen and informed me that they can do nothing until the Sub Inspector of Police arrives the next day. I was detained inside the police station lockup for the night. I had no way to communicate with my family. 

At about 10am on the next day the Sub Inspector of Police arrived. He summoned me to his room. When I entered his room, the officer shouted at me to admit that I had stolen the chain and slapped me continuously for about six times on both sides of my face. Then he punched me on my nose. I started bleeding from my nose and was terrified with fear. The officer then forced my head down and elbowed me on my spine about four to five times. Then he pushed me to the wall and kicked me on my chest. Then he shouted once again to admit the crime. I refused. 

Within half an hour I was thrown back into the police lockup. I remained there for the whole day. The officers refused to contact my parents despite my repeated requests. They failed to feed me or allow me to step outside the cell. I was severely injured and my entire body was wrenching with pain. I started feeling very cold and then I might have passed out since I only remember waking up the next day by about early in the morning. 

At about 10.30am the Sub Inspector came to the police station and soon summoned me into his room. I limped into his room and there the police officer threatened that if I refuse to admit the theft charge, he would create police records that would show that I was apprehended in possession of instruments that he claimed are commonly found in possession of thieves like screwdrivers, iron rods, knife and so on. I refused to admit the crime even then. 

The officer then approached me and started slapping me again on my face. I cried out loud. Then the officer once again forced my head down and elbowed me. It started paining as if wasps were stinging me. I cried out loud and informed him that about eight months before a friend of mine, Mr. Francis, had asked me to sell a gold chain in a jewellery named Karakkal Jewellery in a place called Pattikad. I also informed the officer that I had done so as instructed by Francis and that I had handed over the money to Francis since the money and the chain belonged to him. I also informed him that there is a witness to the sale and the handing over of the money and that it is my friend Mr. Manu. 

The officer gathered their address from me. Then he summoned Francis and Manu to the police station. They came to the station and confirmed what I said. The officer let them leave, only after extracting bribes from them. I was informed later that Manu paid Rs. 10,000.00 and Francis paid Rs. 15,000.00 to the officer. I asked them why they paid, for which they informed me that the officer had threatened that if they refused to pay, he would implicate them too as accomplices in the theft case he was planning to charge against me. 

On the same day at about 5.30pm, the police produced me at Thottapadi Government Hospital for a medical check up. Before letting me into the hospital, one police constable threatened me that if I informed the doctor that I was tortured inside the police station, they would take me back to the station and torture me further after the medical examination and charge me with other crimes. So I kept quite when I sat in front of the doctor. In fact the doctor did not even touch me or examine my body. Had he done so, he would have found the injuries. Without doing anything, the doctor issued something in writing to the police officers. The officers then took me to the residence of a magistrate at a place called Ayyanthole. Though I explained to the magistrate everything what had happened to me, he remanded me to judicial custody for 10 days. 

Manu and Francis in the meanwhile informed my parents what had happened to them and me. My parents arranged for my bail and I was released on bail by the court. 

With their help, I filed a complaint to the District Superintendent of police about the incident. I am informed that based on my complaint, there was an internal inquiry and that the inquiry report is against the Sub Inspector of Police who tortured me. I am however, not given a copy of the inquiry report and neither have the police recorded my statement. Now, the Sub Inspector has started contacting me, threatening me that if I pursue the complaint against him, I will be further charged with other cases and that I will be arrested again and taken into police custody.