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My Brother Died In Custody: How Can I Get His Murderers Punished

On April 9th Sreejith died in a private hospital, where the medical report and autopsy clearly stated about multiple injuries including perforation in the small intestine and other injuries in abdomen, which allegedly caused due to custodial torture. When people get clueless after losing their close ones in such a manner and scared of the misuse of power by police, Supreme Court and Human Rights bodies have made some provisions to help them to get remedies. Let us check how to reach them.

28-year-old Sreejith died allegedly due to torture by the Police who arrested him on 6th April night. The special investigation team on wednesday arrested three personnels of Rural Tiger Force squad - Santosh Kumar, Sumesh Raj and Jithin Raj. These three cops arrested Sreejith accusing him of attacking an aged man in Varapuzha, a small town on the fringes of kochi, who later on hung himself after the attack at his home.

Sreejith’s brother, Sajith was also arrested with him, claimed that Varapuzha SI Deepak kicking Sreejith in the abdomen. His family has also alleged that the cops were beating and kicking him on the way to the police station. Sreejith was admitted to a private hospital, where he died on 9th April. The medical report said that there were several injuries which are allegedly sustained during his custodial torture. Both medical report and autopsy confirmed that there has been a perforation in the small town and injuries in the abdomen.

The police in India is well known for their illegal behaviour though being the body to safeguard the law. Many may fear or be in doubt that are they going to get any remedies if they lose their dear ones due to police torture or the police causes any grievous harm. It is good news for them that Supreme Court recognizes that there should be a body who must be constituted to deal with such complains. Let us check how the complains can be raised:

  • The Supreme Court has conducted a Police Complaints Authority (PCA) body, headed by a retired judge who hears the complaints against police. It is free from police and have their own power to deal with the problem.
  • The incidents for which you can approach PCA - death, rape, extortion or illegal possession over land or property by a police officer or during being in custody.
  • For filing a case in PCA, these documents are required - medical report of the injuries caused by police, photos of such injury if possible, copy of your complain to the police regarding the incident which went unresolved and proof of daily diary entry
  • The complaint process is an offline process, thus it must be a handwritten complaint containing - name, address and contact detail of the complainant; brief about the incident including all important points; name, concerned conduct of the officer against whom complaint is being filed; if there is any witness the name of that person as well.
  • After preparing a complaint in the prescribed format send it to the PCA of the local city of the victim or where the incident has occured; the address of the PCA of the cities are available on internet.
  • Otherwise, you can also approach the State Human Rights Commission or National Human Rights Commissions office for a help with your complaint to get an effective remedy.

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Reviewed by:
Rashmita Das
Published on 19-Apr-18