Dimapur, August 5 : Auto rickshaw drivers in Dimapur have demanded that the Nagaland government instate ‘impartial' (inquiry) into the alleged custodial death of Ramesh Kumar Yadav, a driver, and to pay ex gratia to the next of kin of the deceased. The Dimapur District Autorickshaw Drivers’ Union (DDADU) issued a representation addressed to the chief secretary of Nagaland on Friday.
The union demanded “immediate intervention and for delivering justice” to the family members of the deceased, Ramesh Kumar Yadav and to rein in the “rampant atrocities of the police force in our district.”
The organization expressed wonder that the police force still resort to third degree methods i.e., torture and excessive use of force with impunity, to extract confessions. The union stated: ‘In fact, 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 embolden the perpetrators to inflict torture on the person in police custody under the guise of investigation/ interrogation etc.'
Therefore, the present case of the deceased should be thoroughly investigated by an impartial body without any outside influence.’
The DDADu also expressed disgust that superior officers often ‘feed the public with nonsense stories and foolhardy justifications’ instead of owing moral responsibility for the conduct of their unruly officers and taking stern action against erring officers.
Such practice attitude of the police authorities only emboldens perpetrators to continue their practice with impunity.
The DDADU stated: ‘It is immaterial whether the present deceased/accused had anything to do with the allegations made against him by the investigating agency since he cannot rise from the death to defend himself. However, the relevant fact remains that the accused died in police custody and the cause of the death has to 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.’
The union referred to Article 21 of the constitution (implying protection and the right to be free from torture) and guarantee against torture and assault even by the state and its functionaries to a person who had been taken in custody. ‘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 auto rickshaw drivers stated.
