Kerala HC latest - law insider

Swarna Shukla –

Published On: December 06, 2021 at 20:10 IST

The Kerala High Court transferred the case of a Sri Lankan detainee who was made to lie down on a hot iron plate used for cooking chapathi while in Indian Coast Guard (ICG) custody. It will now be considered by a Trial Court in Ernakulam.

L.Y. Nandana of Nakulugamuwa, Sri Lanka, who was arrested by the ICG along with five others from fishing vessel Ravihansi from Arabian Sea on March 25,2021 is the Complainant. The investigating agencies had seized large quantities of drugs and AK 47 guns and ammunition from the vessel.

The Petitioner complained that five ICG personnel on Ship 11 had brutally beaten him with iron rods for five days and he had to lie on his back on a heated iron plate on the fifth day due to which he suffered multiple burns on his back . The applicant, who stated that he could not recall the name of the Accused but assured that he could recognize those who tortured him.

The CJM asked for the details of the ICG Officers who were on duty from March 17, 2021 to March 22, 2021 yet no report had been filed so far by  the ICG Commandant .

This matter came to light when the Additional SessionsJudge, Thiruvananthapuram K. Biju Menon ordered a probe after noticing the burn injuries on the body of Nandana.

The counsel for the complainant submitted that the Judicial First Class Magistrate I, Ernakulam, was the competent Court to try the case. The CJM had also approached the Kerala High Court expressing its limitation in probing the case, citing jurisdictional issues.

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