Judicial officer, police responsible: Henri Tiphagne
The magistrate could have enlarged Piyush on own bail instead of remanding him to judicial custody citing these provisions.
Chennai: “The judicial officer who ordered custody and the police inspector who demanded the same in the case of Piyush Manush, a social activist, are responsible for the alleged excesses committed on him, Henri Tiphagne, executive director, People's Watch, asserted on Saturday,
Addressing participants in a hunger strike to express solidarity with the activist who was allegedly beaten up by prison officials before he was enlarged on bail, he said, “Piyush was charged with section 506(ii) IPC whereas the punishment for the same does not exceed seven years. Technically, the case did qualify neither for arrest nor for judicial custody as per Supreme Court directives.
The magistrate could have enlarged Piyush on own bail instead of remanding him to judicial custody citing these provisions. However, that did not happen,” Tiphagne said.
On the brutal attack in jail, it was “a customary welcome” for first timers in prison.
“What we understand in Piyush's case is that some speaking was done with the superintendent of prison, which got the activist worse treatment than the ordinary first timers,” he said.
“Similarly, the district judge who heard the bail petition and adjourned the application until further instructions from the public prosecutor, could have applied his mind and enlarged Piyush on bail. Even as the beatings of Piyush became news, the judge who is part of non-official visitors to prison did not make any efforts to ascertain the facts in media reports,” he said.