SHILLONG: The High Court of Meghalaya has summoned Mukesh Singh, former Tura SP and incumbent DIG, in connection with the alleged custodial death of Balsan Marak.
Balsan, who was arrested in connection with the torture of 12 girls in Tura, died on May 20, 2014 while in judicial custody after being brought from Tura district jail to the civil hospital for treatment.
Later, the mother of the deceased, Meena Marak, filed a petition in the High Court seeking compensation and an inquiry by the CBI.
Earlier, in September 2015, the court had directed then West Garo Hills Deputy Commissioner Pravin Bakshi to deposit Rs 10 lakh with the registry of the court to pay as compensation to Balsan’s mother.
After hearing the matter at length on Monday, the court prima facie found that the deceased was detained on May 12, 2014 at Tura police station on the explicit instructions of the then SP by a team formed by him.
The statements given by one of the respondents in his affidavit in-opposition and the affidavit of the SP clearly indicate that the deceased was apprehended outside the police station on May 12, 2014 but was produced before the magistrate on May 14 beyond a time limit of 24 hours.
The court found that the action of the respondents were in conflict with the specific directions of the Supreme Court in the DK Basu vs State of West Bengal (1997) case.
“There is a denial of beating/assaulting the deceased outside and inside the police station by the respondents. A categorical assertion has been made by the respondent that the victim’s left hand was broken almost a week ago. If that is the case, the respondents are required to explain as to how the deceased brought the complainant, who was pregnant, as a pillion rider on his bike from the complainant’s residence to Tura police station,” the court asked.
Prima facie it appeared to the court that the deceased’s hand was broken while he was detained by the police.
The court order said the photograph annexed to the petition indicated some kind of brutal assault on the deceased.
‘Violation of human rights’
“A copy of the post mortem annexed is illegible but it indicates that ants have eaten up the deceased’s face. Violation of human rights is prima facie apparent.
The deceased was not given adequate medical help either inside the police station or in the civil hospital,” the order said.
Before proceeding further in the matter of the custodial death, the court observed that the SP had a lot to account for.
“We accordingly adjourn the matter and direct the then SP to be present in court to answer certain queries and assist, if necessary,” the order said.
The matter has been listed for hearing on Wednesday in the presence of Singh.
