A decade later, an IFS couple and six others to be prosecuted in custodial torture case in Keralam

Eight Forest officials from Keralam, including an IFS couple, will face trial for custodial torture, a decade after the alleged incident.

Last week, the Chief Judicial Magistrate Court, Thiruvananthapuram, ordered the prosecution of IFS officers T. Uma; her husband, R. Kamalahar; and K. Vijayanandan, and forest officials T.S. Mathew Jyothish, T. Sreejith, R.B. Arunkumar and K.S. Anu Krishnan on a complaint from Aji Brait, an accused in the Malayattoor elephant poaching case in 2015.

Mr. Brait had moved the court after the State Forest department refused sanction to prosecute the officials. However, the court held that prosecution sanction was not required in the case as the acts allegedly committed by the accused bore no reasonable connection with the performance or purported performance of official duties.

Allegations

The complainant stated before the court that he had surrendered in the Sreekaryam police station on July 11, 2015. He was illegally detained in custody and the accused had beaten him on his face. He was allegedly made to lie on the floor, and the woman officer stepped on his fingers and beat him with a bamboo stick. Another accused allegedly beat him with an iron rod wrapped in cloth. He was also allegedly hit on his thighs with a bamboo stick, which was also used to roll on his thighs. One of the accused allegedly used an iron block wrapped in cloth and hit him. A finger was inserted into his rib, fracturing his ribs and scapula, according to the complainant.

The order passed by magistrate N.N. Arun Bechu noted that custodial torture by an officer without justification would not get legal protection. Legal protection is available for officials only when the alleged act done by the public servant is reasonably and intrinsically connected with the discharge of or purported discharge of his official duty. However, the protection would not extend to acts that are manifestly beyond the scope of his official duty, the court held. The State government’s order refusing sanction lacked application of mind. This was a case of custodial torture resulting in multiple rib fractures, the court said.

Charges

The officials would be booked for voluntarily causing grievous hurt by dangerous weapons, causing disappearance of evidence of offence, public servant framing an incorrect document with intent to cause injury, voluntarily causing hurt to extort a confession, wrongful confinement to extort a confession and dishonest misappropriation of property.

One of the officials, when contacted, said he would move the Kerala High Court against the trial court order.