The Hindu: Kerala: Monday, July 16, 2018.
Accused SI in
Varapuzha case said the magistrate asked him not to produce before her the
arrested at night
The Right to
Information Kerala Federation has urged the High Court to order a probe against
M. Smitha, the judicial first class magistrate of Njarackal, based on her own
deposition before a senior court official.
Ms. Smitha
was the magistrate at North Paravur in Ernakulam district when 26-year-old
Sreejith died in custody at the Varapuzha police station in April this year.
The High Court later transferred her to Njarackal.
In a
petition, federation president and human rights lawyer D.B. Binu alleged that
Ms. Smitha’s statement to the High Court’s registrar of vigilance showed that
she was unaware of the standard remand procedures and the directives given by
the Supreme Court on the rights of the arrested.
“The
custodial death of Sreejith occurred because the magistrate failed to take
action against the sub-inspector of Varapuzha police station,” Mr. Binu claimed
in a petition to the registrar-general of the High Court. He urged the court to
order “an enquiry on the facts revealed by the magistrate in the deposition
given by her. Pending enquiry, the magistrate may be directed to undergo
further training at Judicial Academy, Ernakulam, to protect the interests of
the persons and to uphold rule of law.”
Copy of
deposition
Mr. Binu’s
application is based on the deposition (he has secured a copy using RTI Act)
made by the magistrate before the registrar of vigilance. The High Court had
earlier ordered the registrar to probe the complaint by former Varapuzha SI,
Deepak G.S., the fourth accused in the ‘Sreejith lock-up murder case.’ The SI
had complained to his superiors that the magistrate had asked him not to
produce 10 arrested persons on the night of April 7 at her residence since she
was unwell.
“Though the
registrar of vigilance exonerated the magistrate on technical grounds, the
facts stated by her in the deposition raise questions about the rule of law and
individuals’ rights and liberties,” Mr. Binu said .
In the
hand-written deposition, the magistrate stated that she had directed the police
not to produce arrested persons at her home at night as she was living with her
aged mother.
This was also
because her neighbour, she noted in her deposition, used to pass obscene
comments. Mr. Binu noted in the petition: “The magistrate herself is a victim
of sexual harassment from a neighbour and she is not able to take action on the
atrocities committed against her.”
Quoting the
constitutional provision that arrested persons should be produced before a
magistrate within 24 hours, Mr. Binu said her directive to the police not to
produce arrested persons before her at night was a serious dereliction of duty.
That
magistrate said in her deposition said that the SI used to torture persons
taken into custody. In spite of this, she had failed to take action against the
SI, he said.
Sreejith died
in police custody since the magistrate failed to act against the SI of
Varapuzha police station.
D.B. Binu
Human rights
lawyer
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