DIMAPUR, AUGUST 5 (MExN): The Dimapur District Auto Drivers Union (DDDADU) has submitted a memorandum to the Chief Secretary calling for an impartial inquiry into the death of Ramesh Kumar Yadav, while in the custody of Dimapur Police. The memorandum also asked for payment of ex gratia/compensation to the next of kin of the deceased.
The memorandum from the DDADU President, Hokaito Zhimo alleged that “the police force in our district resort to third degree methods i.e. torture and excessive use of force with impunity to extort/extract confessions during the custodial remand and interrogation.” “Many such incidents of third degree tortures during the custodial interrogation go unreported due to the inability of the victims to press charge against the erring Officers for financial constraint and for fear of reprisals, which has only emboldened the perpetrators to inflict torture on the person in police custody under the guise of investigation/ interrogation etc,” it added.
The DDADU further said that it is “immaterial whether the present deceased/accused had anything to do with the allegations made against him by the investigating agency.”
It asserted that the cause of death needs be ascertained “with clear conscience without any interference and influence, so that the instant case of the deceased shall act as a precedent to curb the menace of custodial violence.”
Referring to Article 21 of the constitution, which relates to the right to be free from torture, the DDADU said that it guarantees against torture and assault even by the State and its functionaries to a person who is taken in custody and no sovereign immunity can be pleaded against the liability of the State arising due to such criminal use of force over the captive person. As such, the State is responsible for paying ex gratia/compensation to the next of kin to the deceased, the DDADU said.
The DDADU further stated that it is the duty of the Police Officers in whose custody there are arrested persons, to ensure their safety and similarly hold them responsible for failure of the same.
It demanded that all erring officers in the instant case be held responsible and suspended, and dismissed if found guilty.
