Haroon
Basha is a shattered man. And for a fathomable reason. Framed in the
2006 Coimbatore bomb plot case, Basha had to bear the ignominy of being
branded a terrorist. It’s another matter that an investigation later
cleared him of all charges. “People still look at me with suspicion. My
life and career have been destroyed. Even my own relatives avoid me,”
says 35-year-old Basha who, along with four others, was listed a
terrorist by the police.
Basha did fight for compensation from the government for filing false charges against him and bringing him disrepute. The irony, though, is that one of the assistant commissioners of police who probed the case has been promoted to the rank of additional superintendent of police.
This, despite the CB-CID probe recommending action against the errant officials. That apart, new police reforms are expected to be introduced this month. Even so, human rights organisations feel the state government has failed to adhere to Supreme Court strictures.“The Tamil Nadu bill on the matter is totally silent on the vital issue of implementing the body named Complaints Authorities at the state and district levels to look into public complaints against police officers in cases of serious misconduct,” says B Parthasarathy, state director of the National Project on Preventing Torture in India, sponsored by the European Union.
“And they include custodial death, grievous hurt, rape in police custody, extortion, land grabbing and grave abuse.” So, while the state is mulling on implementing the reforms, there have been serious violations of rights. In fact, there have been instances where the police have filed false cases against the complainants themselves. In some instances, proven criminals have allegedly been let off, unpunished. There have also been instances of illegal detentions, custodial deaths and torture. The New Indian Express investigates some of the cases.
False witness
It was a busy day for Alagammal this summer. As the 70-year-old was hurrying up to finish her household chores, toddler Gopika approached her. “Where is your hen and your dog, nanny?” she asked, giggling. Alagammal dismissed the girl, least realising that this would be the last time she would be seeing the girl and that she would be an important witness in the murder case.Gopika was found dead on July 8. Her little body was fished out from Nattarmangalam canal, just four feet wide and about two feet deep, on the outskirts of Madurai. As her body was recovered from Pudhuthamiraipatti village near Othakadai, Gopika’s earlobes were found chopped and her anklets stolen. Police initially believed that someone killed the girl to steal the valuables the three-year-old was wearing. The girls’ father then filed a complaint, and a case of murder and theft was registered by the Othakadai police.
A post-mortem report on September 21 claimed she died of head injuries and her body bore the marks of fish bites in the middle of the neck, front of the left shoulder, back of the right wrist and left hand and the right lower abdomen. Crucially, it did not mention the time of death. Strange as it would seem, the fish bites were reported in select body parts. As Dr S M Shivakumar of Madurai Medical College says, “fish bites in the reported body parts can occur only if it has ulcers or wounds. Otherwise, it is difficult for the fish to bite through the skin.”
He, however, says the time of death is mentioned only if the inquest officer requests for it.Exactly a week later, the police came up with the name of a certain Ravi, who is in charge a local granite quarry. He, the police said, confessed that Gopika died after his car hit her. Ravi even told police that he dumped the body in the canal — after chopping off the girl’s earlobes and taking away the anklets, which he threw in the water.
What’s more, they have identified Alagammal as the witness to the accident. Villagers now believe the police are planning to close the case, having termed it as a case of vehicle accident.But Alagammal has different tale to tell. She was in tears as she told this correspondent that the whole report was fabricated. “The police took neither my thumb impression or signature. How then can they name me as a witness in the case? I had told them that Ravi must have kidnapped the girl, but they didn’t take my statement,” she says.
Alagammal rules out that it was a car hit that killed her granddaughter. The area where police claim the accident took place is very narrow and surrounded by houses and huts. Alagammal recalls that Ravi’s son Gautam had called Gopika to play with him on that day. And later she saw from her window someone carrying away the child.“We want justice,” says former Othakadai village president P Kalidas, who is also the district secretary of the CPI. “It is a case of murder, but the police are now terming it as a case of accident. Even the post-mortem did not mention when the death took place.”
The villagers are planning to shortly organise a protest to press for a CB-CID probe into the episode. They claim that it is an act of human sacrifice, and believe it was done to tide away the misfortunes of the granite company that Ravi works with. Gopika’s mother Usha claims that a month after the child’s death, a ritual was performed at the spot from where the body was retrieved. “We informed the police about it,” she says. Villagers also deny that the canal has the kind of fish that could chew away the parts of a human body.The police, on their part, deny the charges of cooking up a false witness and believe Alagammal is retracting her statement. They also deny the case is linked to human sacrifice. Whatever, Alagammal’s statement has conjured up some questions that remain unanswered in the police version. And this is not the only case. There have been several instances where police reports looked blatantly false, yet the local media just fell for it.
Dubious case
In another instance, in Tirunelveli district, police filed an FIR against a village administrative officer who protested encroachment of government land by a private firm. The officer, P Ganesan, says the wind energy company had closed an arterial canal in Kulaineri village of VK Pudur taluk with mud. “They were building a road on it, wholly ignoring that their act affected the livelihood of some 250 farmers. I, along with my assistant and revenue inspector, protested against the incident,” Ganesan reveals.
“But the officials from the firm threatened and assaulted us. And when we tried to file an FIR against these people, the police took the complaint from the private party and filed an FIR against us,” he adds.Worse was in store for Ganesan. He was jailed. “I had to take a conditional bail — and that, for defending the government property. Is it a crime to do your duty?” he wonders.The village administrative officers’ union later protested. It took up the issue with higher authorities, who then set up an inquiry by a revenue divisional officer.His report said Ganesan and the two other officials were merely performing their duty. This prompted the district collector to call upon for the government to initiate action, but nothing has come of it. “If a government official,” notes Ganesan, “has to knock at the doors of justice for doing his duty, you can imagine the plight of common man...”
Custodial death
Ganesan’s point sounds true in the case of Hasan Ammal, again of Tirunelveli district. A resident of Kadiyanallur in Tenkasi taluk, her husband was illegally detained in the local police station. She was made to run from pillar to post, seeking his whereabouts.An exasperated Hasan Ammal approached the director general of police, who transferred the case to the CB-CID. A probe was launched and it was found that Hasan Ammal’s husband, Mohammed Masud, was tortured and murdered in police custody. This led to the suspension of DSP Pratap Singh, though no action has been taken against the rest of the police officials. In fact, DSP Chanderpaul, who was then the inspector of police, has been honoured with Anna award. Hasan Ammal has currently filed a petition seeking compensation for the death of her husband.Notes Parthasarathy of the National Project on Preventing Torture in India:
“The keepers of the law should set an example of righteousness, and people should be encouraged to report crimes. With lack of witness protection and complainants being treated as offenders, it looks like people’s faith in the police force is eroding.” Few would disagree with it. —shivakumarshreya@gmail.com
Basha did fight for compensation from the government for filing false charges against him and bringing him disrepute. The irony, though, is that one of the assistant commissioners of police who probed the case has been promoted to the rank of additional superintendent of police.
This, despite the CB-CID probe recommending action against the errant officials. That apart, new police reforms are expected to be introduced this month. Even so, human rights organisations feel the state government has failed to adhere to Supreme Court strictures.“The Tamil Nadu bill on the matter is totally silent on the vital issue of implementing the body named Complaints Authorities at the state and district levels to look into public complaints against police officers in cases of serious misconduct,” says B Parthasarathy, state director of the National Project on Preventing Torture in India, sponsored by the European Union.
“And they include custodial death, grievous hurt, rape in police custody, extortion, land grabbing and grave abuse.” So, while the state is mulling on implementing the reforms, there have been serious violations of rights. In fact, there have been instances where the police have filed false cases against the complainants themselves. In some instances, proven criminals have allegedly been let off, unpunished. There have also been instances of illegal detentions, custodial deaths and torture. The New Indian Express investigates some of the cases.
False witness
It was a busy day for Alagammal this summer. As the 70-year-old was hurrying up to finish her household chores, toddler Gopika approached her. “Where is your hen and your dog, nanny?” she asked, giggling. Alagammal dismissed the girl, least realising that this would be the last time she would be seeing the girl and that she would be an important witness in the murder case.Gopika was found dead on July 8. Her little body was fished out from Nattarmangalam canal, just four feet wide and about two feet deep, on the outskirts of Madurai. As her body was recovered from Pudhuthamiraipatti village near Othakadai, Gopika’s earlobes were found chopped and her anklets stolen. Police initially believed that someone killed the girl to steal the valuables the three-year-old was wearing. The girls’ father then filed a complaint, and a case of murder and theft was registered by the Othakadai police.
A post-mortem report on September 21 claimed she died of head injuries and her body bore the marks of fish bites in the middle of the neck, front of the left shoulder, back of the right wrist and left hand and the right lower abdomen. Crucially, it did not mention the time of death. Strange as it would seem, the fish bites were reported in select body parts. As Dr S M Shivakumar of Madurai Medical College says, “fish bites in the reported body parts can occur only if it has ulcers or wounds. Otherwise, it is difficult for the fish to bite through the skin.”
He, however, says the time of death is mentioned only if the inquest officer requests for it.Exactly a week later, the police came up with the name of a certain Ravi, who is in charge a local granite quarry. He, the police said, confessed that Gopika died after his car hit her. Ravi even told police that he dumped the body in the canal — after chopping off the girl’s earlobes and taking away the anklets, which he threw in the water.
What’s more, they have identified Alagammal as the witness to the accident. Villagers now believe the police are planning to close the case, having termed it as a case of vehicle accident.But Alagammal has different tale to tell. She was in tears as she told this correspondent that the whole report was fabricated. “The police took neither my thumb impression or signature. How then can they name me as a witness in the case? I had told them that Ravi must have kidnapped the girl, but they didn’t take my statement,” she says.
Alagammal rules out that it was a car hit that killed her granddaughter. The area where police claim the accident took place is very narrow and surrounded by houses and huts. Alagammal recalls that Ravi’s son Gautam had called Gopika to play with him on that day. And later she saw from her window someone carrying away the child.“We want justice,” says former Othakadai village president P Kalidas, who is also the district secretary of the CPI. “It is a case of murder, but the police are now terming it as a case of accident. Even the post-mortem did not mention when the death took place.”
The villagers are planning to shortly organise a protest to press for a CB-CID probe into the episode. They claim that it is an act of human sacrifice, and believe it was done to tide away the misfortunes of the granite company that Ravi works with. Gopika’s mother Usha claims that a month after the child’s death, a ritual was performed at the spot from where the body was retrieved. “We informed the police about it,” she says. Villagers also deny that the canal has the kind of fish that could chew away the parts of a human body.The police, on their part, deny the charges of cooking up a false witness and believe Alagammal is retracting her statement. They also deny the case is linked to human sacrifice. Whatever, Alagammal’s statement has conjured up some questions that remain unanswered in the police version. And this is not the only case. There have been several instances where police reports looked blatantly false, yet the local media just fell for it.
Dubious case
In another instance, in Tirunelveli district, police filed an FIR against a village administrative officer who protested encroachment of government land by a private firm. The officer, P Ganesan, says the wind energy company had closed an arterial canal in Kulaineri village of VK Pudur taluk with mud. “They were building a road on it, wholly ignoring that their act affected the livelihood of some 250 farmers. I, along with my assistant and revenue inspector, protested against the incident,” Ganesan reveals.
“But the officials from the firm threatened and assaulted us. And when we tried to file an FIR against these people, the police took the complaint from the private party and filed an FIR against us,” he adds.Worse was in store for Ganesan. He was jailed. “I had to take a conditional bail — and that, for defending the government property. Is it a crime to do your duty?” he wonders.The village administrative officers’ union later protested. It took up the issue with higher authorities, who then set up an inquiry by a revenue divisional officer.His report said Ganesan and the two other officials were merely performing their duty. This prompted the district collector to call upon for the government to initiate action, but nothing has come of it. “If a government official,” notes Ganesan, “has to knock at the doors of justice for doing his duty, you can imagine the plight of common man...”
Custodial death
Ganesan’s point sounds true in the case of Hasan Ammal, again of Tirunelveli district. A resident of Kadiyanallur in Tenkasi taluk, her husband was illegally detained in the local police station. She was made to run from pillar to post, seeking his whereabouts.An exasperated Hasan Ammal approached the director general of police, who transferred the case to the CB-CID. A probe was launched and it was found that Hasan Ammal’s husband, Mohammed Masud, was tortured and murdered in police custody. This led to the suspension of DSP Pratap Singh, though no action has been taken against the rest of the police officials. In fact, DSP Chanderpaul, who was then the inspector of police, has been honoured with Anna award. Hasan Ammal has currently filed a petition seeking compensation for the death of her husband.Notes Parthasarathy of the National Project on Preventing Torture in India:
“The keepers of the law should set an example of righteousness, and people should be encouraged to report crimes. With lack of witness protection and complainants being treated as offenders, it looks like people’s faith in the police force is eroding.” Few would disagree with it. —shivakumarshreya@gmail.com
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