Amitha Muraleedharan
The Orissa High Court on Monday called for stringent action against the perpetrators of custodial violence.
Justice S. K. Sahoo was making a judgment on two 32-year old criminal appeals by a former inspector and senior sub-inspector in connection with a custodial death occurred during illegal confinement of a person at the Purighat police station, Cuttack in 1985.
The court of Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate (Special), Cuttack had convicted the accused of culpable homicide not amounting to murder and sentenced them to rigorous imprisonment for five years and eight years on August 29, 1988.
They were also sentenced to a maximum sentence of three years of rigorous imprisonment for fraudulent preparation of FIR, wrongful confinement, and voluntarily causing hurt.
Both had appealed before the High Court and were released on bail by September 1, 1988.
Justice Sahoo said, “Stern measures are required to be taken against those police officials, who consider themselves to be above the law and bring disrepute to their department,”
“Otherwise the foundations of the criminal justice delivery system would be shaken and the common man may lose faith in the judiciary.”
While discarding the appeal after 32 years, the Single Judge Bench of Justice Sahoo acquitted both the police officers and reduced the maximum sentence to one-year simple imprisonment for other charges, considering their age.
The bench noted that the appellant Pravat Mohanty and P. K. Choudhury are now aged about 76 years and 75 years respectively.
Justice Sahoo observed, “The act of custodial violence reflects the tragic state of affairs, indicating the apparent disdain of the state to the life and liberty of individuals, particularly those in custody.”
Furthermore, he said that “relief could be moulded by granting compensation to the next of the kin of the deceased.”
The court said that it has a “duty to protect and promote public interest and build public confidence in the efficacy of the rule of law.”
