SHILLONG: The High Court of Meghalaya has asked DGP SB Singh to carry out disciplinary action against Mukesh Singh, former Tura SP and current DIG, and other police officers for the custodial death of Balsan Marak.
Balsan, who was arrested in connection with the alleged 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.
In the recent final order, the Division Bench comprising Chief Justice Tarun Agarwala and Justice S R Sen said that rule of law should be preserved and that action should be taken against the erring officers.
The court ordered an additional compensation of Rs 5 lakh. The government had earlier paid Rs 10 lakh to Balsan’s mother.
The court said that there is sufficient material to come to the conclusion that the petitioner’s son died in judicial custody on account of injuries caused to him while he was in police detention.
“We are further of the opinion that the injuries caused to the petitioner’s son on his elbow, forearm and head have led to internal injuries resulting in his death. Thus, there is substantial circumstantial evidence to know the cause as well as the reasons leading to the death of the son of the petitioner,” the court said.
There was no departmental inquiry held against the police officials, hence the court asked the DGP to direct the disciplinary authority, if any, to conduct a departmental inquiry against all the police personnel named in the charge-sheet as well as the respondents No. 7 (Mukesh Singh) and 8 (Bruno Sangma) and other police officers.
According to the court, the police officers had a role to play in the incident “as far as the atrocities committed upon the petitioner’s son with impunity, the violation of the human rights that are protected under Article 21 of the Constitution and violation of the directives given by the Supreme Court in DK Basu’s case”.
The court said an inquiry should be initiated, concluded and action taken within one year.
“In the event, the officials are found guilty, the compensation imposed by the court shall be recovered by the State Government from these officials,” the court said.
Action against doctors
The court also pulled up the doctor who treated Balsan and said the doctor’s role in the entire episode is pathetic as the treatment given to the petitioner’s son was cursory and there was inaction on the part of the doctor.
The court also asked the chief secretary to initiate departmental proceedings against the doctors involved in the case with regard to their negligence in handling the matter.
“The Chief Judicial Magistrate’s role is also casual. In spite of the deceased stating that his arm was twisted and was manhandled by the police personnel, he took a very casual approach and, without considering the seriousness of the injury remanded the petitioner’s son to 14 days’ custody,” the court said.
According to the court, a preliminary inquiry into the role of the Chief Judicial Magistrate in handling the matter casually should be done. It directed the Registrar General of the High Court to issue a show-cause notice to the Chief Judicial Magistrate concerned.
Questions reports of CID, magistrate
and commissioner
The court also took exception to the inquiry reports of the CID, magistrate and the commissioner of divisions for Garo Hill saying that there was a cover up.
“We find that a shoddy investigation has been made, initially by the magistrate; the High Level Inquiry conducted by the Commissioner of Garo Hills was nothing but a cover-up exercise. In fact, he has praised the medical doctors for their work and has put the entire blame for the lack of support and facilities available in the hospitals. The Commissioner has given a clean chit to the police personnel contending that no assault was made upon the deceased,” the court said, adding that a perusal of the report gives an inkling to the court that it was nothing but an exercise to cover up the misdeeds of the Police Department.
The court further said the trial against the police officials pursuant to the report submitted by the CID is still at its nascent stage. The charge has not yet been framed against the accused. Hence, the court directed the trial court to take immediate steps in conducting and concluding the trial within a year without any adjournments.
According to the court, a young life has been snuffed out on account of police brutality. The deceased had just passed out his Class XII examination in first division.
“He had a future before him. There has been a violation of human rights. The petitioner’s son died in agony. No medical aid was provided to him except pain killers. Even an under-trial is not denuded of his fundamental rights guaranteed under Article 226 of the Constitution of India,” the court said.
“The petitioner has suffered mental agony and pain. No information was provided to her about her son’s detention. No post-mortem report was provided. Even the copy of the FIR was not provided. Nothing can be worse to see the death of her son while she was alive,” it added.
SP pulled up
Regarding the then SP, Tura, Mukesh, the court said the SP had given the direction to intercept the petitioner’s son and his friend and, on his direction, the petitioner’s son was detained and thereafter, arrested on the ground of larger conspiracy.
“The details of this larger conspiracy have not been brought on record before the court till date. The GD entry indicates the presence of the SP between 9.15 pm to 9.30 pm on 12.05.2014. The petitioner’s contention in the writ petition is that the SP also assaulted the petitioner’s son which has not been noticed by any investigating agency till date. The SP was in charge of the whole situation. It was his moral responsibility to ensure that the petitioner’s son was produced before the magistrate within 24 hours,” the court said.
Advocate for the petitioner Sujit Dey said at last justice was delivered after 4 years.
