The telling tale of torture

Kochi: Chief Minister Pinarayi Vjayan has stated that Kerala has an executive that implements judicial verdicts. The remark by the chief minister while inaugurating a function organised by the Bar Council of Kerala in Thiruvananthapuram the other day jells well with the division of powers between the legislature, executive and judiciary envisaged in the constitution. The commitment shown by the political executive to implement judicial verdict is commendable; at the same time it is pertinent to point out that the bureaucratic arm of the executive, however, has miserably failed in adhering to judicial verdicts and the police in the state is the worst example of it.

The latest episode of police handedness in the state is connected with the alleged illegal custody of 24-year old engineering post-graduate doing research in IIT Palakkad. The statement made by the youth under section 164 before a magistrate is a chilling reminder of the rouge behaviour of the guardians of law and order in the state.

Aditya Z. Valavi, now under judicial remand, has made the statement before the judicial fist class magistrate, Kakkanad, under Section 164 of Code of Criminal Procedure a week ago after disclosing to the magistrate that he was subjected custodial torture by the police team probing the forged documents case linked with the Cardinal George Alenchery, major archbishop of Syro-Malabar Church.

According to the statement, Aditya was summoned to the office of the Aluva DySP on May 15 and he reached the office around 3.30 pm accompanied by a friend, Adarsh. The DySP interrogated him asking a few elementary questions around 5 pm. He was allowed to go home after keeping him wait till 10.30 pm. As the two were on their way back home, a call came from the DySP's office asking him to come back to sign a paper. The two then went back and signed the paper and left the place. He was again summoned the next day; and he reached DySP office around 10.45 am. He was then taken into the Grand Hyatt Hotel and Hotel Marriot in the official vehicle of DySP. On return from these places the DySP started slapping him on his face and chest inside the vehicle.

The vehicle then stopped before the office of the Ernakulam Range IG and he was made sit in the waiting room. A police official then came and told him to disclose whatever he knows and said otherwise he will face dire consequences. He also asked him whether he knew the feeling of pepper powder being sprayed into the eyes.

The DySP came a few minutes later and told three police officers that he should be compelled to tell the truth. He was then taken back to the DySP office. Although his phone kept ringing, the policemen did not allow him to attend the call. Around 3-4 pm the DySP called him to him room and asked him to remove his shirts and pants. When he refused to acknowledge the version said by him he started to beat him on his feet with a cane. "The marks of the beating are still in my feet. I cried loudly but nobody heard me as the room was closed," he said in the statement. "As I was sitting on the floor with only my undergarments the DySP slapped me on the face.  He also threatened kick at my private parts after asking me to spread my legs. I was completely scared and told him I will tell whatever he wanted me to hell him. The DySP asked me to write the names of Fr. Antony Kallookaran and Fr. Paul Thelakkat. Although I protested several times the police officers kept saying that they will save me and only the priests wi
ll be trapped".

The statement carries similar kind of details of torture and abuse in custody on May 17 and till he was presented before the magistrate for recording his arrest. The signed statement shows that Aditya was kept in illegal custody on May 16 and 17 completely in violation of the principle that a person taken into custody should be produced before a magistrate within 24 hours. The Supreme Court guidelines to be followed when a person is arrested are also violated in the said instance.

The police version of the incident is totally different. According to the details submitted by the police in the court, Aditya has confessed that he had forged the documents at the behest of Fr. Antony Kallookkarn and Fr. Paul Thelakkatt with the intention of defaming Cardinal Alenchery and that it is up to the appropriate judicial forum to take an appropriate decision on the matter.

But the police action of keeping a person in custody and subjecting him to physical and mental torture without producing him in the court for two days is patently illegal. The police has no right to indulge in such blatant violation of the rules and a political executive committed to uphold the judicial order cannot condone such violations.