Medak lockup torture: Cops tried to 'cover-up' incident, alleged family

Hyderabad: The Telangana Police came under heavy criticism after 35-year-old Mohammed Khadeer Khan, a labourer, succumbed to injuries in what seems to be an alleged lockup torture. State Police Chief Anjani Kumar suspended three officers and ordered an enquiry amid wrath for the incident.

The cops in question are Sub Inspector P Rajashekhar and constables Pavan and Prashanth, working at Medak town police station. So far, no magisterial inquiry has been ordered since a case has been booked under Section 174 (suspicious death) of the Indian Penal Code and not custodial death. DGP Anjani Kumar directed Warangal IG Chandrasekhar Reddy to examine the case and take disciplinary action against the Sub Inspector and the two constables involved.

Case

It started with the Medak town police investigating a theft case. Based on CCTV footage, they picked up Mohammed Khadeer Khan from his sister’s house in Hyderabad’s Yakutpura on 29 January. The cops zeroed down on Khadeer as he ‘resembled’ the person in a chain-snatching case, captured by the camera. Five days later, on 2 February, the officers after allegedly torturing Khan, called his wife Siddeshwari asking her to take him home since the police couldn’t find his involvement in the crime. By then, Qadeer had suffered kidneys damage, multiple fractures, dislocation of the spine, and renal fractures. He was admitted to Hyderabad’s Gandhi Hospital, where he died on 16 February while undergoing treatment.

“Khadeer was my childhood sweetheart”

Khadeer’s wife told NewsMeter about the harrowing time they were going through. Siddeshwari from Kamareddy district married early and had two daughters and a son. Tragedy struck when Siddheswari’s husband passed away. Then Khadeer met Siddeshwari - his childhood sweetheart - and married her. “We used to stay in the same lane and grew up together. Qadeer had taken care of my family ever since my husband's death. We had been married for a decade until I lost a partner again,” Siddeshwari told NewsMeter.

Khadeer would take up part-time jobs like painting and working as a driver for survival. On 29 January, while his wife was in Medak, the police picked him up from Yakutpura. “Kadheer was thrashed on the way to the police station. They tied his legs and hands and used a belt and a stick on him. They didn't even offer him food while in custody. On 2 February, when I picked him up, he was shivering, wouldn't walk, or talk and was short of breath. Khadeer said since he couldn’t hold the pen, they made someone sign a paper stating that he was in police custody for a day. But the truth is that he was tortured for five days only to be declared innocent.”

She further added, “The cops knew something was wrong with Qadeer. They kept a vigil on us and inquired about his health too. They forced him to confess to a crime he didn’t do. I submitted a complaint to the Medak Collector and District Magistrate Rajarshi Shah on 9 February against three officers. Medak SP Rohini Priyadarshini assured action on my complaint.”

The complaint copy says, cops shifted him to the Medak area hospital and after doctor's advice keeping in mind his condition, they move him to Renova Hospital at Kompally accompanied by a police constable. Further, following his deteriorating health , they moved him to Gandhi Hospital on 12th January. "The cops were keeping track of us, they knew Khadeer was injured. Even after the arrest of the actual accused in the chain snatching case, they picked up Khadeer', the wife added.

Two videos of Khadeer Khan narrating the horror have gone viral on social media, working robustly against the officers in question. The opposition has come down heavily against the State police.

Protocol following a death in police custody

The code of criminal procedure, viable for all police officials and courts in India, prescribed that whenever a ‘death’ occurs in the custody of police and is a consequence of a police action like ‘torture’, there should be a magisterial inquiry. The local district magistrate, who also serves as the collector, would order the jurisdictional sub-divisional magistrate to conduct an inquiry and send a comprehensive report.

As part of this inquiry, the magistrate would allow those acquainted with the circumstances of the death, especially the family members of the deceased, to appear before the magistrate. During the inquiry, the apparent cause of death will be known. If an offence by the police is found, the police would proceed with the case by registering against the person(s) responsible for the death and prosecute them in a court of law.

Speaking to NewsMeter, former Hyderabad Police Commissioner MV Krishna Rao explained, “There are few instances where police officials have been prosecuted for tortious acts and consequently punished. For example, in 1989, when I was the Deputy Inspector General of Police (DIG) of Visakhapatnam range, an Inspector of police of Vizianagaram district, while trying to extract information from a group on an offense, tortured a suspect. The officer was prosecuted in a court of law for murder. The Inspector was also dismissed by me from service. However, a couple of years later while undergoing imprisonment, he was acquitted by the High Court of Andhra Pradesh. I had to reinstate him in service under an unimportant post.”

He further added, “There are many cases where custodial death led to cops being punished. The law prohibits using materials (sticks, belts, and shoes) during interrogation. If the officer is unable to find evidence, he/she must conclude the case as per its status.”

However, in certain cases, the eyewitnesses or the family members compromise as police attempt to dilute the case or bribe the family. Accused officers try to influence the magisterial enquiry report by changing it to death due to ‘natural causes’ in case of the absence of a medical examination.

In the case of Mohammed Khadeer, the police are against a video in which Qadeer is seen narrating his torture in custody. His testimony was backed by the medical examination at Gandhi Hospital in Hyderabad. The courts consider video as reliable evidence in cases where the eyewitness turns hostile. The opposition party leader TPCC President Revanth Reddy has demanded that the last video of Khan should be considered a dying declaration.

In this particular incident, a case has been booked under Section 174 (suspicious death), and no magisterial inquiry has been ordered.

Need for transparency in investigation

Since the crime is against the State police, it is advisable to rope another investigating agency to probe, says Human Rights Advocate Gaurav Kumar. “The case can be handed over to the Central Bureau of Investigation or probed by an independent team chaired by a retired High Court judge. Prosecution depends upon robust evidence and uncompromised eyewitnesses. For an unbiased and fair trial, the state police can also rope in a senior IPS officer with impeccable integrity to overlook the probe. In such a case, the state will give a message of no tolerance against those who violate the law, even if it is a cop".

What does the rule book say?

Whoever (the police) voluntarily causes hurt, for ‘extorting’ a confession or any information, which may lead to the detection of an offence or misconduct or to give information, which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Illustrations

(a) A, a police officer, tortures Z to induce Z to confess to a crime. A is guilty of an offence under this section.

(b) A, a police officer, tortures B to reveal the location of certain stolen property. A is guilty of an offense under this section.

(c) A, a revenue officer, tortures Z to compel him to pay certain arrears of revenue due from Z. A is guilty of an offense under this section.

(d) A, a zamindar, tortures a raiyat to compel him to pay rent. A is guilty of an offense under this section.