Custodial deaths go unprobed

According to the Act, that inquiry by magistrate into cause of death, when any person dies while in custody of the police or when the ca-se is of the nature referred to inclause (i) of Sub section (3) of section 174, the nearest magistrate is empowered to hold inquests and enquiry into the cause of death intoan offence. But this section was amended in the year 2005.

According to new section Cr.PC 176 (1)1A)A, when any person dies while in the custody of the police or in the custody of prison when judicial magistrate so empowered hold an enquiry instead of executive magistrate. But the governments did not follow the amendment Act and are violating it. “The Acts and Rules are made to be followed and not tobe violated. When the statute prescribes the norms to be followed,it has to be in that fashion. Converse would be contrary to law,” said Republican Party of India National Secretary and also Senior Advocatein High Court Bojja Tarakam.

He said that the amendment Act 176 has not been implemented so far not only in Andhra and Telangana states, but also in the country. He said that the magistrates of the respective area of crime occurred, should ma-ke judicial inquiry on the incident. According to the information from police sources of both Andhra and Telangana states, as many as 52 custodial deaths and other cases related to the Act were reported, after amendment of the Act.

But,even both the governments did not conduct judicial enquiry even in a single case. In all the cases enquires were conducted by thesub-inspector of police, circle inspector of police and DSPs of their respective divisions. “It is a duty of judicial magistrates for conducting judicial inquiry, when such ca-ses occurred,’’ said Dalit Ba-hujan Vyavasaya Karmika Sangham state secretary Inapurapu Suryanarayana who is fighting for implementation of the Act.

However, recently, the advocates and civil right forum leaders led by Bojja Tarak-am filed a petition in the High Court seeking judicial probe on ‘Vikaruddin’ case in Telangana. Tarakam hopes that after completingvacations of the courts, it would be finalised.