CURRENT ISSUE AUGUST 28, 2006

TIME FOR REFORM

The issue of custodial deaths rocks Kerala again much to the embarrassment of the Government. India Today's M.G. Radhakrishnan explains how it points to the failure of the successive governments in implementing police reforms.

July 16, 2006; K. Rajesh (22), a labourer chased by police, jumps into the lake, drowns and dies in Thiruvananthapuram district.

July 18, 2006, P.P.Abdul Razakh (54) held by police for stealing mobilephones collapses and dies while being interrogated in Kozhikode district.

July 23, 2006; V. Parameswaran (27), caught for stealing, collapses and dies when police brought him to the spot where he committed crime in Palakkad district.

July 24, 2006: V.Prasannan (39) arrested for selling illicit liquor dies while being taken to the hospital after he was found sick in Alappuzha district.

July 27, 2006: S Anandraj(35) arrested for selling illicit liquor, dies in hospital while in judicial custody in Thiruvananthapuram district. (Pix of body)

July 28, 2006: Leonraj (28) a remand prisoner dies in hospital where he was taken to from sub jail after having fallen sick.

Even before it has completed 70 days in power, the Left Democratic Front (LDF) government has notched up a dubious record. Custodial deaths, an issue over which the Left always makes a huge hue and cry whenever it sits in opposition, has again made it to the fore, much to the embarrassment of the Government.

The number of persons who died in police custody in different parts of the state during the second fortnight of July alone was five. This record string of deaths was preceded by the incident of K. Rajesh, a labourer in state capital who while was being chased by police jumped into a lake and was drowned. According to his relatives the youth was
playing cards with friends and on seeing the approaching police jeep, they all fled from the scene. While the police chased them, Rajesh jumped into the lake to escape. "The police had pelted stones on him
making him drown" said a neighbor.

A hugely embarrassed state government has initiated quick action. The sub-inspector and four police constables alleged to have chased Rajesh have been put under suspension as an inquiry is ordered into the incident. Altogether about 25 police men including four sub-inspectors have been suspended in connection with the various custodial deaths. "It is a shame that custodial deaths and torture continue even after we came to power. We will take action against culprits. But police force is like the dog's tail, looks impossible to straighten" laments Chief Minister V.S. Achuthanandan. "We are planning modernization and re-education programmes for the police. We also will bring legislation to fix the responsibility for the death occurring in a police station on the Station House Officer of that respective police station" says Home Minister Kodiyeri Balakrishnan. The Opposition United Democratic
Front (UDF) has now launched a state-wide agitation on the issue. "Remember the hue and cry they had made over one custodial death when we were in power" says former Chief minister Oommen Chandy, presently the Opposition leader. Now the government clearly seems to give protection to erring policemen which has caused this dark record".

The government is now attempting to come up with explanations. Foremost among them is that none of the deaths was caused by torture by the police. "Every one died of other reasons like ailments they were suffering from even before they were arrested. So many deaths within so few days is only a coincidence" says Home Minister. He presents the relevant medical records to prove the point. He also adds that unlike the UDF's, his government has besides ordering probe into each case initiated immediate action against all the policemen attached to the respective stations where the custodial deaths occurred. He also points out that more than 200 custodial deaths had occurred during the last 5 years UDF was in power.

Reason for custodial deaths continuing unabated points to the failure of the successive governments in implementing the multitude of police reforms recommended by various committees. The latest report was submitted two years ago during the UDf government by a commission headed by former Supreme Court Justice K T Thomas. Among its many recommendations was to dispense with lock-up rooms attached to police stations –"most of the deaths occur in these
torture rooms"- to put an end to custodial deaths. But none of the reforms has yet been implemented. "I think the members of the last government which appointed the commission had even read our report" says Justice Thomas.

"We are constituting a quasi-judicial Police Commission to look into all these recommendations and also receive and act on public complaints against police men" said Balakrishnan. The government has just announced the implementation of many long pending demands of the police force like 8 hour shifts, promotions after fixed periods of
service etc. The decision is not completely apolitical for the state police constables' association is now dominated by the CPI(M).

But even as the rising custodial deaths have caused much embarrassment, the government and Home Minister had to face much flak on another count from the state high court too. On July 26 the court slammed the Home Minister for freely granting paroles to prisoners, a charge the CPI(M) always faces when it comes to power. "No law provides the Home Minister with such special powers to grant paroles freely. He should not play a super man" said the Division Bench in a suo moto proceedings after media reports that the LDf government was freely issuing paroles to political prisoners belonging to CPI(M). It was alleged that most of these prisoners belonged to Kannur, hub of political violence involving CPI(M) on the one side and Congress or BJP on the other. While in opposition, Minister Balakrishnan who also was from kannur, used to frequently visit his comrades in the central prison in kannur. "Only Home secretary has powers to grant parole. Bundles of parole applications are flowing not from the relatives of
prisoners but from party offices. Home secretary had no option but to accept them. Those prisoners with no political or financial clout get neglected" observed the court. The court also pointed out the recommendation by a high power committee in 1991 that the practice of Home Minister granting paroles should not be allowed.

But Balakrishnan says the court appeared to have been misinformed on the issue. "I think the court was not presented with all the facts" explains Balakrishnan. "The Kerala Prison Laws as amended by the last UDF government in 2003 provides Home Minister power to grant emergency parole up to 45 days. I have ordered parole for only 13 persons till
date and they include workers belonging to Congress too" says Balakrishnan who claims all the paroles were only extended by him after they were granted by Jail superintendent, Director General of Police (Prisons) and also Home Secretary . According to him the court should have been referring to the previous UDf government and its Home
minister. "During the UDf period the court had criticized the way paroles were issued freely and with out proper procedures. This led to the amendment of the Prison laws". He also said that many of the prisoners who he granted paroles had received paroles even during the last UDF rule. M.G.A.Ramen, DGP (Prisons) says; "In the past there
used to be free grant of paroles in the past by both the UDF and the LDf governments. But none of the 13 paroles granted by the present Home Minister can be dubbed unauthorized as all procedures have been observed in them". UDf leaders pooh-pooh this. "There was no mention by the court that it was our government or the Home minister who had erred. The Left always grants paroles freely to its workers when they come to power" said Chandy.

The CPI(M) and the BJP have always been accused of "politicizing" the state prisons and causing rivalry among prisoners. Hundreds of cadres belonging to both the parties convicted for political violence including murder are housed in prisons of Kannur where the situation is always tense. In fact in April 2004 there was an open clash in the
central prison between the two camps in which a CPI(M) man was killed. Following this incident BJP prisoners were moved in large numbers from Kannur to Central prison in Thiruvananthapuram, 450 km away. But this
did not bring an end to the rivalry and tension inside the prisons as can be seen from a highly confidential note sent last November by the Home Secretary to the DGP (Prisons). The letter said the government has information that prisoners were lined upon political lines in three jails and dominant groups dictate terms against their adversaries. It also warned that in Kozhikode jail there was possibility of unrest breaking out. Said the note attached to the letter; "There is information that the prisoners of central prison, Knanur, Sub jail, Thalasserry and District Jail kozhikode are lined up
on their affiliation to political party and dominat groups dictate terms against their adversaries. The CPM prisoners held sway in Central Prison, Kannur, Sub Jail, kannur and RSS prisoners in Sub jail, Thalasserry…"

The note without naming had also hinted at Muslim league's -which was in power then-role too in the murky affairs in prison. It said; " In the district jail, Kozhikode 137 accused in Marad (communal) carnage occurred in 2003 are imprisoned and some of them enjoy undue privileges which created resentment among other prisoners. There is
possibility of unrest especially in district jail kozhikode if the infrastructure mechanism of the jails is not strengthened. It is learnt that the Marad carnage 2003 prisoners are sure of conviction and they would make attempts to escape even by jail breaking…".
Ramen, DGP (Prisons) says things were bad at that time but definitely under control now. "We separated the RSS and CPI(M) cadres into two jails. Moreover we have initiated a series of measures to bring peace in the jails by engaging the prisoners in various activities like active sports and arts programmes, craft etc" said he. Jail authorities say CPI(M)'s coming to power too also has brought down the tension much as party cadres appear pacified.

However situation in prisons would not improve considerably unless infrastructure facilities improve and adequate staff are deployed. According to jail records all the jails are overcrowded by three times more than sanctioned capacity. As against the sanctioned capacity for 2270 prisoners in 3 central prisons the actual strength is 3800. In Central prison Thiruvananthapuram the population is 1850 as against the capacity for 900.As against this the number of warders in 3
prisoners is just 320. The staff strength still remains the same as decided in 1958 ! "There is much discontentment and anarchy in the prisons due to these reasons. Prison Reform Recommendations by various committees have been lying idle from 1957 onwards" admitted Minister Balakrishnan. "We are committed to bring about fundamental reforms and are now compiling all the recommendations made until now by various commissions".

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