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Journalism of Courage
Flagging increasing incidents of custodial death in Gujarat as “a matter of great public concern”, the Gujarat State Law Commission (SLC) has recently submitted a report to the state government making several suggestions. It has also pointed out that not a single case registered against police personnel has resulted in conviction in 2021.
In the report submitted to the government in July, SLC chairman, Justice (retired) M B Shah, has suggested the need for reforms to sensitise the police to function within the constitutional framework, to promote transparency by installation of video-audio enabled CCTV cameras at police stations and prisons, to take strict legal action against police personnel who misuse their official position, to conduct regular health check-ups of prisoners and to have exclusive interrogation teams specialising in the process of gathering evidence from those detained.
The report titled ‘Suggestions to have proper control on the law enforcing agency for prevention of unwanted instances of custodial death’ was submitted to the state legislative and parliamentary affairs department. Justice Shah, a former Supreme Court judge, has headed a commission of inquiry to probe illegal mining in Goa and a special investigation team to probe black money.
In February, the Rajya Sabha was informed by the Ministry of Home Affairs that between 2017 and 2022, Gujarat reported highest cases — 80 — of custodial deaths across the country.
In its report, the SLC cited reports of various publications, indicating increasing trend of custodial death in Gujarat. As per a report published by The Indian Express, based on NCRB data — which has also been cited by the SLC in its report — Gujarat reported the highest number of custodial deaths, 23, for the second consecutive year in 2021. In 2020, it had recorded 15 such cases — a rise of 53 per cent.
The SLC also cited the chapter on custodial crimes and complaints against police personnel from the ‘NCRB – Crimes in India: 2021’ report.
“…statistical data relating to deaths in police custody/lock-up (persons not on remand)… 22 people reportedly died in Gujarat in 2021 during police custody (though not on remand). In nine cases, magisterial inquiries were ordered, while judicial inquiries were ordered in 11 cases. Further, four cases were registered, of which chargesheet (was filed) in two… Moreover, 12 policemen were arrested and nine were chargesheeted,” the report said.
It added that as per data relating to deaths in police custody/lock-up among persons in remand, one person reportedly died in Gujarat in 2021 and a magisterial inquiry was ordered.
The report said in all, 23 people reportedly died in Gujarat in police custody or lock-up in 2021. Citing the cases registered against police personnel, the SLC said that among the 209 cases lodged against state police personnel in 2021, seven were quashed/stayed by courts, while the police filed chargesheet in 182 cases and in 878 cases, final report was submitted.
The SLC said, “…it is a matter of great public concern that the incidences of custodial death are increasing day-by-day in Gujarat, which is quite atrocious.”
“It… needs to be accepted that the doubts on the functioning of the police are raised rampantly because many of the policemen are trying their best to misuse their power…,” it said.
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