By Venkatesh Raghavan
A spate of custodial deaths of youth involved in either elopement or robbery has created a flutter in the Adityanath Yogi ruled Uttar Pradesh. Allegations are rife from the Opposition camp about the state police colluding with their political bosses to eliminate people after having taken them into custody.
The latest incident that has generated a lot of heat in the state is that of a 21-year-old youth by name Altaf, who died in the custody of the Kasganj police on November 10. The local police of the Kasganj district claimed that Altaf had sought permission to use the washroom where he strangled himself by using his jacket string.
Uttar Pradesh recording the maximum number of deaths both in police and judicial custody in recent years came to light in response to an unstarred question raised in Parliament’s Monsoon Session.
Incidentally, the Opposition-ruled states too don’t have a clean slate on custodial deaths.. In fact the state that immediately follows Uttar Pradesh when it comes to number of custodial deaths, is the Trinamool Congress ruled West Bengal. Here just a few months ago, in early July, 2021, the death of a 21-year-old youth on charges of theft fuelled almost a riot situation with mobs pelting stones at the police outposts having to be dispersed by a tear-gas wielding police squad rushed to the Paschim Bardhman locality. Eventually two policemen were suspended in the case, after the police claimed that he was rushed to hospital following deteriorating health during interrogation. The police claim was that he was declared dead after being admitted to hospital.
In the Bharatiya Janata Party (BJP)-ruled Madhya Pradesh, which is third on the list for custodial deaths, there were two instances that rocked the state within the first two weeks of September. One was related to the death of a man belonging to the tribal community in jail custody. It created a furor as the family claimed that he was tortured by the police while in jail custody. This happened in the Khargone district of Madhya Pradesh. Close on heels, within a span of a week, another youth, The second death was also about a native of Khargone district, namely 20-year-old Kishan Mankar. The police stated that he reported uneasiness after having food and was taken to hospital where he died. Together in both instances more than nine police personnel were suspended.
Significantly, Uttar Pradesh and Madhya Pradesh are the only BJP-ruled states that fall within the top seven states with highest number of custodial deaths in the country. The states that follow Madhya Pradesh are Maharashtra, Odisha, Tamil Nadu and Andhra Pradesh in that order but recorded a decreasing number of custodial deaths. The state of Telangana was at the bottom for registering custodial deaths.
Police custody as distinct from judicial custody means people who are lodged in the lockup of a police station. Whereas judicial custody indicates people lodged in jails. The more sinister aspect of custodial deaths is actually the ones that occur under the aegis of a police lockup. This directly points a finger at the law-enforcing authorities either for lapse on connivance that results in the death of the victim.
In case of Uttar Pradesh, what is alarming is that the state topped the number of deaths in police custody almost consistently in the previous three years as per a report submitted in Parliament. The report that extendedly covered a three year period, said “UP had topped in 2018-19 with 12 police custodial deaths and 452 judicial custodial deaths. Subsequently, in 2019-20 the state registered 3 police custodial deaths and 400 judicial custodial deaths. For the year 2020-21, the state again topped with 8 police custodial deaths and 443 judicial custodial deaths. What was conspicuous though was that the Home Ministry report contradicted the National Crime Records Bureau (NCRB) claims that there were no deaths that had occurred in police custody in UP during 2019.
The latest case of Altaf has taken precedence over others at a time when state elections are round the corner in UP. Altaf who had eloped with a Hindu woman was charged with kidnapping and abduction of a woman with the intention of compelling her into a marital relationship. Soon after the incident came to light, the Superintendent of police (SP) disclosed that five policemen have been suspended in connection with the custodial death, even as the post-mortem reports had been sent for. This is not the only incident where the family of the deceased is claiming foul play on the part of the state law enforcing authority.
Earlier, in February this year, a 24-year-old youth by name Krishna Yadav, hailing from Janpur area of Uttar Pradesh suffered custodial death. The youth had been arrested in connection with a looting incident. It was reported that the local Station House Officer (SHO) from the Baksa region had picked up Yadav from his home and put him under detention in the police station. The youth’s death created a furor and subsequently in September, the Allahabad High Court that was hearing the petition transferred the investigations to the nodal agency Central Bureau of Investigation.
The police version in Yadav’s death case, denied the family’s accusation of custodial murder, stating, “He was apprehended while riding a two-wheeler. He fell from the vehicle and sustained injuries. Later on being admitted to hospital, he succumbed to injuries.” Interestingly, while the CBI registered a case of murder and robbery against the police, the Court observed that there were acts of omission that suppressed important evidence besides attempts being made by the police to concoct evidence in favor of their contention.
In parallel, there emerged an alleged custodial murder case from Gorakhpur where charges were slapped against three policemen and six of the policemen receiving suspension notice. The Kanpur-based trader died in police custody in the recent months of 2021. The custodial death occurrences in the state of Uttar Pradesh also include instances that occurred in May and June this year.
In the month of May, it was a vegetable vendor by name Faisal hailing from the state’s Unnao area, who allegedly fell victim to an act of police brutality for violation of lockdown norms that the state had imposed. The use of brutal force on part of the police got confirmed after the autopsy report on Faisal’s body revealed infliction of severe injuries.
In the month of June, it was an elopement case that claimed another life in police custody. A near middle-aged person, 35-year-old Rajesh Kori fell into the dragnet of the Kudwar police station for allegedly having eloped with a minor girl from his locality, namely Jagdishpur village. The reports published after Kori’s death mentioned that he had died in police custody under suspicious circumstances. The incident resulted in three policemen including a station house officer (SHO) receiving suspensions besides being booked with murder charges.
Interestingly, the current wave of protests in the state centered on Altaf’s custodial death is an instance that has come to light, close on heels of a sanitation worker meeting custodial death at the hands of the Jagdishpura police station in Agra. The worker reportedly succumbed to deteriorating health conditions in police custody while being interrogated. He was reportedly booked for theft of a sum of INR 25 lakhs. The opposition Samajwadi Party in UP has taken to the twitter handle to flay the ruling Yogi dispensation in the state alleging that it’s acting in liaison with police to indulge in a killing spree.