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Key Takeaways

  • In the case of the alleged custodial deaths that are taking place in Kutch district of Gujarat by Mundra Police, another accused died at Ahmedabad Civil Hospital.
  • The relatives of the deceased, initially refusing to claim his body, demanded justice seeking action against the accused policemen.
  • The three headconstables accused in the matter are at large, as investigation and search for them is ongoing.

Particulars of the Story

  • Three men from Samaghogha village namely Harjod Gadhvi, Arjan Gadhvi and Shamla Gadhvi were arrested in January in a case of a house break-in. Arjan was the first one to be picked up by the police.
  • The first victim of these alleged custodial deaths Arjan Gadhvi (27) who was a casual labourer succumbed to his injuries which were inflicted on him by the police torture on 19th January 2021.
  • The latest victim Harjog Gadhivi (26), also a casual labourer, died on Saturday 6th February 2021 at the Ahmedabad Civil Hospital where he was taking his treatment after the police beatings.
  • At the outset, the police claimed that Harjog died due to a heart attack.
  • However, family members of the deceased as well as other members of the Gadhvi Community maintained that the death was caused due to the beatings by the police.
  • Eventually, the members of the community were promised a proper investigation and justice for the deceased, which made them accept the body of the deceased and perform the final rites.
  • As per a complaint filed by Devraj Gadhvi, a relative of Arjan, police booked headconstables Shaktisinh Gohil, Ashok Kannad and Jaydevsinh Jhala in the present case.
  • The accused policemen, however, escaped and are now on the run.

Other ongoing custodial death cases in India

  • Beside the present case in Mundra, a case is ongoing in Telangana High Court wherein a petitioner had filed a case against Manthani Police Station officials stating that "the deceased succumbed due to the custodial torture the police put him through and not because of "suspicious circumstances’ as they registered”, as per a report published by Telangana Today.
  • As per HT’s report from January 2021, the Bihar Human Rights Commission (BHRC), taking suo-motu cognizance of media reports, has sought a report from Patna SSP and DM about the alleged custodial death of a Dalit man.
  • Recently, the National Human Rights Commission revoking its 2021 order (which limited the scope of inquiry of custodial deaths to only those cases where there was reasonable suspicion of foul play), stated that enquiry must be probed into all cases of custodial deaths, and not just the suspicious ones.
  • Earliar in 2020, there was uproar on social media when a father-son duo from Tamil Nadu were beaten to death in police custody.
  • In a 2019 case of gangrape of a doctor in Telangana, all four accused were taken to the site of the crime where they were “shot as they tried to escape”, according to Telangana Police.

CONCLUSION

  • The cases of custodial deaths are becoming more and more frequent, and it is alarming in a country like India where the accused has his pre-trial and post-trial rights inscribed in our legislations.
  • Such gross violations of human rights must be taken into account rigorously. 

Is there a lack of adequate laws with respect to custodial deaths in India , or are these deaths a result of incompetence in execution? Let us know in the comments below.

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