INDIA: A man brutally tortured by the Pavaratty Police and Guruvayoor Police now suffers from police inaction 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a man named Baburaj P.K, 44, was brutally tortured by police officers from the Guruvayoor Police Station and Pavaratty Police Station on 20 April 2004. At first the victim was taken to the Pavaratty Police Station, where he was inhumanly tortured and later was sent to the Guruvayoor Police Station, where he became unconscious in the police lock-up. It is reported that even though the doctor at the local government hospital advised the police to take the victim to another hospital for appropriate medical treatment, the Guruvayoor Police ignored it and released him immediately fearing that he might die soon due to his internal injuries.

Baburaj has since then been suffering from his injuries and has not recovered from his mental shock yet. Even though Baburaj lodged a complaint against the police officers responsible for the torture to all concerned authorities, there has yet been no investigation or action against the perpetrators. Your urgent action is required to pressure the local authorities to correct this matter immediately.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Baburaj P.K (44), a sawmill owner at Koonammuchi, married with two children
Address of the victim: Puvanthara House, Vaka P.O, Vazhimattam, Thrissur-680602, Kerala State, India
Alleged perpetrators:
1) Police constable Sasidharan attached to the Guruvayoor Police Station
2) Sub-Inspector (SI) and officers attached to the Guruvayoor Police Station and Pavaratty Police Station
Date of incident: from 10:00 am to 7:00 pm at 20 April 2004

Case details:

Mr. Baburaj is a timber merchant and owns a sawmill at Koonammuchi, around 25kms away on the north of Trichur within the jurisdiction of Guruvayoor Police Station. He was the secretary of the local temple development committee. The Committee has been running a private financial enterprise for the purpose of the development of the temple. One of customers had filed a complaint against the Committee in the District Consumer Forum. The Consumer Forum then served a notice to the Committee but unfortunately some subordinate staff who received the notice did not deliver it to Baburaj. Finally, the Consumer Forum issued an arrest warrant against Baburaj, secretary of the Committee, who was unaware of the developments.

At around 10:00 am of 20 April 2004, two police constables in civilian clothes walked into Baburaj’s timber shop. They approached Baburaj and one of the police constables Sasidharan suddenly started to slap Baburaj’s face and punched his mouth very heavily. Because of this assault, two of his teeth fell out and several others were dislocated. Blood poured out from his mouth and nostrils. The police also kicked Baburaj’s abdomen with their boots. Baburaj fainted and fell down on the ground. Sasidharan, who continued his assault on Baburaj, then sent a message to the Guruvayoor Police Station for more police back-up, when Baburaj’s employees objected to the forceful arrest of Baburaj. After a short while, several policemen in uniform arrived in the shop and arrested Baburaj.

After that, Baburaj was first taken to the Pavaratty Police Station as his residence in Vaka is under the jurisdiction of the Pavaratty Police Station. The police put Baburaj in a room at the police station and later several policemen including the sub-inspector (SI) entered the room. They made Baburaj stand in the middle of the room and the policemen surrounded him. The sub-inspector triggered the torture by hitting Baburaj in his abdomen and the other officers also assaulted him brutally. Due to the heavy kicks and blows, Baburaj was pushed to the opposite side where the facing policeman returned the blow pushing Baburaj again to the other policeman on the opposite side. They punched him like a sandbag. This lasted for about 10 minutes. Baburaj was not able to continue standing on his legs and collapsed to the floor.

Later the Pavaratty police threw Baburaj into a police vehicle and took him to the Guruvayoor Police Station as he was taken in custody from his office, which is under the jurisdiction of Guruvayoor Police Station. They put him into the police lock-up and the Guruvayoor police registered a case against him under Section 353 of the Indian Penal Code on the charge of obstructing the police from doing their official duty, which is a non-bailable offence. In the meantime, due to the inhuman torture by the police, Baburaj’s condition deteriorated and he fell unconscious in the police lock-up. The police took him to the local Government hospital at Chavakkad, where the doctor refused to admit him advising the police that Baburaj had serious injuries and he should be taken to the Medical College Hospital, Trichur. However, the police took him back again to the Guruvayoor Police Station and made changes in the charges against him. The police made bailable offences in the place of non-bailable ones because they wanted to release Baburaj immediately, as they feared that he might die soon due to his internal injuries.

Baburaj was produced before the presiding officer of the Consumer Forum at 7:00 pm on the same day and later he was allowed to go out on bail. His family immediately took him to the Royal Hospital at Kunnamkulam where he was admitted. Baburaj has been suffering from his injuries and has not recovered from his mental shock yet. Even though Baburaj lodged a complaint against the police officers responsible for the torture of him to all concerned authorities, there has yet been no investigation or action against the perpetrators.

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