For ‘torture to extract a confession’,3 cops face arrest

The court on March 12 ordered the district police to register a case and arrest the three officers. That has not happened yet. TheBihar police spokesperson said on Wednesday that they would issue fresh instructions to the CID (whose DIG has been supervising the case since torture was alleged) and the district police to execute the court order. The DIG said he hasn’t got the court order yet; Bhagalpur zone’s IGP said he doesn’t know about the case.

Of the three officers,the one in whose police station the alleged torture took place denied the charge. Kumod Kumar,Kotwali police station-in-charge, said the arrest warrants were issued on the basis of a “motivated” medical report. He said he and the other two have moved the district and sessions court in appeal.

His narrative

Rustum,21,also known as Minu Mian,is a property dealer in Kotwali. Each of the three accused officers is in charge of a police station — Sanjay Biswas at Tatarpur and Santosh Sharma at Adampur,besides Kumod Kumar at Kotwali. Rustum made his allegations to the court on September 9.

He said a middleman called him on August 18 to say the officers wanted to meet them. The next day,Rustum went to Kotwali police station where,he said,he met Kumar and Biswas. He alleged Biswas told him to pay Rs 1 lakh as nazrana (bribe) since he was in the property business. He claimed he gave Kumod Kumar Rs 50,000 that very evening,and alleged Biswas warned him with death unless he paid the rest.

On the night of September 7,Rustum said,he was called again to the police station where all three officers were present. They allegedly wanted him to become a witness in a case involving the murder of Vishwanath Gupta,a fruit seller. The alleged torture began when he refused.

He alleged they inserted a funnel in the rectal opening and poured petrol through it. “After the inhuman act,Rustum became unconscious,” reads the court order. “When he regained his senses,the same act was repeated by the three cops. The police officers threatened to kill him again.”

On September 8,police took him to a magistrate to record his statement about his supposed involvement in the murder. The next day,when he narrated his story,the court ordered immediate treatment and asked a team of doctors for an injury report. The report found pilonidal sinus,a condition that can be caused by an injury,or a latent problem that may be precipitated by injury. In the gluteal region (around the buttocks) are bullous eruptions,which can be caused by exposure to corrosive chemicals such as petrol. Rustum remains on medication.

Follow-up

Before the court ordered the arrests —under various IPC sections including those for extortion,putting a person in fear of death and causing grievous hurt to extort a confession — police headquarters had already taken up the manner in which the murder was being probed. This was after a social activist had petitioned the additional DG (headquarters) on behalf of Rustum.

Headquarters asked DIG (CID) K K Singh to probe the way the district police were handling the investigation. The DIG submitted his report last December,recommending departmental proceedings against Kumar for “high-handedness” and “insubordination”,beides saying he had exceeded his brief and misused his powers. It did not mention Rustum but said,“Though it is a standard practice to conduct medical examination of an accused after his arrest,it was not done.”

Kumar refused to comment on the CID report. About the warrants,he said,“The court has issued the warrants on the basis of wrong facts,and just a doctor’s report that looks motivated. The three of us have moved the Bhagalpur district and sessions judge’s court. We have a very strong case and are ready to defend ourselves in the high court and the Supreme Court if we need to.” He denied that any of the three had been involved in third-degree torture.

“The allegation is serious,” said Bihar police spokesperson Ravindra Kumar,who as ADG (HQ) had asked the CID to probe the matter. “We have already asked DIG (CID) K K Singh to supervise the case. It is up to him to ensure the court warrant is executed. We are issuing fresh instructions to the CID and the district police to comply with the court order.”

About the mention of insubordination in the DIG (CID)’s report,Kumar conceded that he had received complaints from the CID about the “indifference” of the district police,but added it should not mean the police should stop working.

K K Singh said,“The court order has not reached us,” but agreed,“If the court gives a direction to any police officer,he is bound by duty to implement the order.” IGP (Bhagalpur zone) Jitendra Kumar said,“I am not aware of the case and cannot comment on it.”