Tamil Nadu Police Commission Calls for Action Against Misconduct Following Custodial Death
Recommendations for Police Reform
The Fifth Tamil Nadu Police Commission has put forth recommendations aimed at enforcing strict disciplinary actions against police misconduct, particularly concerning the harsh treatment of suspects, as reported by a local news outlet on Sunday.
These recommendations were prompted by the custodial death of B Ajith Kumar, who died on June 29 after being detained on theft charges in the Sivaganga district.
In its final report to Chief Minister MK Stalin, the commission urged for prompt internal investigations and immediate disciplinary measures in cases of verbal abuse, failure to document legitimate complaints, filing of false charges, unlawful detentions, biased investigations, and selective enforcement of laws.
Although the state government has yet to present the report in the Assembly or confirm whether it will implement the recommendations, the urgency of the report has increased following Kumar’s death.
Kumar, a 29-year-old temple security guard, was apprehended by a six-member police team on June 27 in connection with a theft at the Madapuram Badrakaliamman Temple. Reports indicate he was tortured at remote locations, leading to his death two days later.
It remains unclear if a first information report was filed prior to Kumar's interrogation.
The post-mortem examination revealed that Kumar sustained at least 44 external injuries along with severe internal bleeding.
The head of the forensics department stated that the total number of injuries exceeds those documented, complicating the assessment of the injuries' locations due to overlapping.
In response to public outcry and criticism from the Madras High Court, five police officers were arrested, and one was suspended in connection with the incident.
The commission emphasized the need for immediate action in cases of custodial deaths. If initial findings indicate custodial violence, the case should be referred to the Crime Branch of the Crime Investigation Department, and both disciplinary and criminal actions should be initiated against the involved officers.
Furthermore, the report stressed that vulnerable individuals, including women, children, and those who are ill or intoxicated, should not be taken to police stations. Mandatory medical examinations for all detainees were also recommended, with suspects only held in facilities equipped for such purposes.
The report highlighted the importance of police training that emphasizes respect for human life, irrespective of an individual's socio-economic background.
Led by former Madras High Court judge CT Selvam, the commission also pointed out the necessity of adhering to the Supreme Court's guidelines established in the 2014 Arnesh Kumar versus State of Bihar case to minimize unnecessary arrests.
According to the Arnesh Kumar ruling, individuals should only be arrested in exceptional circumstances if their alleged offenses carry a punishment of less than seven years. Instead, they should receive a notice under Section 41A of the Criminal Procedure Code, instructing them to appear before the police.