The Human Rights Forum (HRF) has called for a credible and full-fledged investigation by an independent agency into the death of a person in custody at the Nellimarla Police Station on February 11.
Betha Rambabu (42), an electrician, had allegedly died of sucide by hanging himself in the record room of the police station, in Vizianagaram district.
A three-member HRF team on Sunday visited Vizianagaram and Nellimarla and elicited facts surrounding Rambabu’s death.
Speaking to a section of the media here on Monday, V.S. Krishna, HRF Andhra Pradesh and Telanagana coordination committee member, said, “We spoke with family members of the deceased and the police and also had visited the Nellimarla police station and we have found some inconsistencies in the statements made to us.”
The police said that Rambabu, a habitual offender, was arrested on the evening of February 10 for having stolen battery inverters from the office premises of the Employment Guarantee Scheme in Nellimarla. He was kept in the record room at the police station in Nellimarla where he bolted himself from inside sometime around dawn the next day. At about 9 a.m., the police said they broke in to find him hanging with a rope he had managed to get inside the police station. He was rushed to hospital but did not survive.
“Based on our fact-finding, we do not find the police version of events plausible. There are a number of inconsistencies and contradictions in the police narrative that cast aspersion on their account. These doubts can only be clarified and the truth determined if there is an investigation by an agency that is not part of the district police apparatus. We do not want a whitewash inquiry that usually ends up in a few suspensions and then the matter is closed,” he said.
‘Pay compensation’
The family of Rambabu has to be compensated substantively. This would be in accordance with judgments of the Supreme Court in respect of custodial deaths, said K Sudha - HRF AP State general secretary.
Finding fault with the District Collector ordering a magisterial inquiry by the Vizianagaram Revenue Divisional Officer (RDO), the HRF members said that this does not meet the requirement of the law.
The insertion of Section 176 (1A) through a significant amendment to the CrPC in the year 2005, mandated that all custodial deaths should be inquired into by a Judicial Magistrate or Metropolitan Magistrate rather than an Executive Magistrate. In such as case, the whole investigation was to be conducted under the gaze of the judiciary, as it would also dispel suspicions about fair play, the HRF members said.
Clearly, the Vizianagaram RDO is not empowered to conduct inquiry into the Nellimarla custodial death case and any such probe has no legal sanctity, said Mr. Krishna.
‘No CCTV cameras’
The fact-finding team also pointed out that there were no closed-circuit television (CCTVs) cameras installed at the police station. This is clearly in contempt of the exemplary December 2, 2020 judgement of the Supreme Court that directed the Centre, States and Union Territories to install CCTVs with night vision cameras and audio recording in every police station.
The apex court specified that these cameras must cover “interrogation rooms, entry and exits, lock-ups, corridors, lobbies, reception area, rooms of the sub-Inspector and Inspector, duty officer’s room, in front of the police station compound, back part of the police station and outside washrooms."
“This non-compliance appears to be across the State and we urge the government to address this, as this will ensure greater police accountability,” said Mr. Krishna.
“This non-compliance appears to be across the State and we urge the government to address this, as this will ensure greater police accountability,” said Mr. Krishna.
