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Judgment
The present public interest litigation has been registered on account of letter dated 26.05.2020 written by Ms. P.V.Nagamani, Advocate, in respect of death of Mr. Sheelam Rangaiah, S/o. Yellaiah in the Manthani Police Station.
This Court by order dated 27.05.2020 has directed Mr. Anjani Kumar, IPS, Commissioner of Police, Hyderabad, to carryout investigation with regard to the alleged incident, which has taken place in Police Station, Manthani, on 26.05.2020.
Sri Anjani Kumar, IPS, Commissioner of Police, Hyderabad, has carried out a thorough investigation and a report has been submitted on 17.06.2020. The conclusions along with commissions and omissions committed by Manthani Police and suggestions are reproduced as under:
"Conclusions:
Issue-I: All the circumstances leading to and the facts related to the death of Sheelam Rangaiah, including identity, the cause, manner, place and time of death, occurred in Manthani Police Station on 26.05.2020.
Circumstances: The instinct of suicidal tendency of the deceased Sheelam Rangaiah was triggered with the consecutive criminal cases in Cr.Nos.127/2020 and 128/2020 and detention in police custody had driven him to commit suicide on 26.05.2020 at about 0430 hours in a bathroom in Manthani Police Station premises.
Cause of death: Suicide
Manner: By hanging himself with a chunni
Place of death: Inside of a bathroom in a Manthani Police station premises
Time of death: at about 0430 hours on 26.05.2020.
Issue-II: The factual time of custody of the deceased Sheelam Rangaiah by Manthani Police.
The deceased along with three co-accused persons, while moving in suspicious circumstances, was picked up by SI of Police, Surender, PC 3378 and Ch.Odelu, ARHC 2685(Jeep Driver) of Manthani Police Station at 0100 hours on 26.5.2020 near Thotagopaiahpalli Church while performing night patrolling duty.
Comment on the allegations of the petition:
Nothing has been established to prove the allegations of the petition regarding the illegal detention of the deceased or the harassment of the deceased by Manthani police leading to the death of the deceased. Moreover contrary to the allegations in the petition, the case was registered u/s 176 Cr.P.C. and Inquest was conducted by Executive Magistrate. PME was conducted by team of doctors and videographed.
Commissions/Omissions committed by Manthani Police:
It is pertinent to mention the omissions of legal procedures, short comings, and negligence committed by Manthani Police.
The arrest information of the deceased was not given forthwith to any of his friends, relatives or anybody which is mandatory U/s 50 A (1) Cr.P.C.
The deceased was not subjected to any medical examination soon after his arrest which is mandatory U/s 54 (1) Cr.P.C.
No reasonable care was taken for the safety of the deceased person which is mandatory U/s 55-A Cr.P.C.
No attestation of witnesses was found on the arrest memos of three co-accused persons arrested along with the deceased in Cr.No.128/2020 U/s 109 Cr.P.C. which is contrary to the Sec.41-B(b)(i) of Cr.P.C.
No General Diary entry was found with regard to the suicide incident of the deceased by hanging and taken to hospital around 0445 hours on 26-5-2020 from Manthani Police Station.
The night watch duty Home Guard or nobody was deployed with proper briefing to have surveillance over the deceased and other arrested persons on the intervening night of 25/26-05-2020.
No personal search of the deceased was made and he was allowed to carry the chunni like towel, with him, with which he hanged himself in a bathroom in the Police Station premises.
No video or photographs were taken while lowering down the deceased from hanging position after cutting the chunni in bathroom of Manthani Police Station.
CC cameras footage was not found and the Manthani Police claimed that they were not functioning.
From the lapses mentioned above, departmental disciplinary action should be initiated against the SHO and the officers concerned of Manthani Police Station.
Suggestions for Systemic improvement:
The following steps may be taken for the systemic improvement to avoid such incidents occurred in Manthani Police Station premises.
It should be ensured that the directions/guidelines, given by the Apex court in Jogendhar Kumar Vs State of UP (1994) and D.K. Basu Vs State of West Bengal (1996), which were made mandatory as "Shall provisions" in the Chapter-V of Cr.P.C. with regard to arrest and detention, are scrupulously followed.
Sensitisation and trainings to the police with regard to the provisions of arrest and detention should be conducted.
The mental status of the arrested persons must be observed without taking the things granted.
Health conditions of the arrested persons must be examined and observed.
No person who is arrested or in the custody should not be left without proper watch and surveillance.
Lockups, bathrooms and toilets should be made in a manner without having any scope to commit suicide or inflict injuries.
The arrested persons shall be properly searched to ensure of no unwanted things are in possession or carrying with.
There should be provision for opening bathrooms/toilets from outside by police, if necessary.
No threatening should be made to the arrested persons, which may cause mental depression.
Proper counselling to be made and information about arrest and other details to be shared with the arrested persons.
Ensure of proper number of police personnel are available for duty, especially in the night hours.
CC cameras should be installed at required points in and out of the police station premises to have surveillance and feel the accountability."
The Director General of Police, keeping in view the material on record, has certainly arrived at a conclusion that there were certain lapses on the part of police officers and by filing another affidavit the Additional Director General of Police has informed the action taken in the matter. Disciplinary action has been initiated against the Circle Inspector, Manthani - Sri A. Mahender and the Sub-Inspector of Police, Manthani - B. Omkar Yadav under Rule 22 of TSCS (CC&A) Rules) 1991. Charge sheets were issued on 08.11.2021 and 09.11.2021 and thereafter both the officers have been inflicted with the punishment of reduction of time scale pay (RTSP) for 3 stages for a period of 3 years without effect on future increments and pensions by order dated 11.11.2021.
This Court, after careful consideration of the report submitted in the matter and the punishment awarded to the officers for their lapses, is of the opinion that no further orders are required to be passed in the writ petition.
Accordingly, the writ petition stands disposed of.
Miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs.