NERVAZHI: CUSTODIAL TORTURE, HARASSMENT AND DEATH- 2005

DETAILED INFORMATION
Name of the victim: Rajendran, age 37 years
Address: Raj Nivas, Kodamkulam, Neeleswaram post office, Kottarakkara, Kollam District, Kerala
Alleged perpetrators:
1. Babu, Assistant Inspector, Kollam East police station
2. Five other police constables attached to the Kollam East police station
Date of the incident: 6 April 2005
Place of the incident: Kollam East police station, Kollam District, Kerala

NERVAZHI was the custodial death of Rajendran at the Kollam East Police Station. In this Said the police, despite the report of the R.D.O., Kollam pointing to the guilt of the police officers on duty, tried to scuttle the investigative process using their influence. The brother of the deceased Rajendran, Muraleedharan, approached the Hon'ble High Court of Kerala filing Writ Petition (Civil) No 5623/07 with the assistance of NERVAZHI and appropriate directions werw obtained by the Hon'ble High Court. The NERVAZHI was also instrmental in securing a compensation of Rs 100,000/-to the mother of Rajendran as an interim measure.

Case Details:

Rajendran, a resident of Kollam District, Kerala was a businessman involved in selling floor cleaners. He would receive his orders over the phone and then deliver the products to the customers.

On 6 April 2005, Rajendran had an appointment with the management of Sankar hospital. At 11:30 a.m. when he arrived at the hospital gate, the security guard stopped him and refused him entry. The victim questioned the security guard but the guard stood his ground and instead handed him over to the police.

The ASI, Kollam east police station, took the victim into police custody and asked him to remove his clothes. Rajendran was then badly tortured by the ASI. Subsequently, five more police constables were called in and the victim was taken to a room in the police station referred to as the ‘museum’ consisting of various torture tools such as batons, spikes, iron rods etc. Rajendran was then further tortured using these tools.

By 2:45 p.m. the victim collapsed and was placed in the lock up. Rajendran died in his lock up at 7:00 p.m that evening. As soon as the police officers realised this, they took him to the District government hospital where he was declared dead. However, at about 12:00, later that night, the ASI went to the hospital and asked the authorities to change the timing of the victim’s admission in the hospital by an hour so that they could claim he was alive while being brought in.

It is also alleged that the police corrected the general diary entry at the police station to coincide with the time he was taken to the hospital. The diary entry now says that the victim was taken to the hospital for a general check-up at 6:00 p.m. since he showed symptoms of heart problems.

The police registered a false case against the victim on April 6, alleging that he stole a mobile phone from one of the patient’s at Sankar hospital. In order to validate their case it is alleged that the police obtained a patient’s signature from the same hospital by coercion.

When Rajendran’s relatives came to see his body at the hospital they observed that he was wearing a different set of clothes than his own. The police have refused to make the post mortem results available to the victim’s family.

No action has been taken against any of the perpetrators. This is yet another case of police torture in custody and shows the deteriorating law and order situation in India. We once again urge the Indian Government to ratify the Convention against Torture (CAT).