Annual Report 1999-2000 (B) TORTURE Torture by Kerala police leading to the death of Hussain (Case No. 64/11/1999-2000) AJ. Antony, a resident of Wynad district, Kerala, made a complaint to the Commission, alleging that one Hussain, a labourer, was brutally beaten by the police on 19 February 1999 during a raid on a gambling place. According to the complaint, Hussain had explained to the police that he had gone there to collect money from one Khalid Mohammad and not to gamble. However, the police had ignored his pleas and had beaten him so brutally that his spinal cord broke and he was paralysed from below the neck. Since his family was not wealthy, he was brought home after the initial treatment. The complainant requested the Commission to recommend action against the guilty police officials and to award a compensation of Rs. 6 lakhs to the victim. The Commission immediately called for a report from the DGP Kerala. The report fn>m the DGP stated that during a raid on a gambling den, one of the gamblers, Hussain, was beaten, as a result of which he fell down. Shri Hussain made a statement that the police had beaten him and then had gone away without providing him with any medical treatment. On this basis, a case was registered at the Meppady police station. The report added that the victim had since been discharged fix)m hospital and was undergoing treatment at his residence. A police constable had been placed under suspension, and an oral enquiry had been ordered against him, as also the concerned Sub-Inspector. Subsequently, the Confederation of Human Rights Organisations informed the Commission that Hussain had died on 26 November 1999, as a result of the brutal torture inflicted on him by the police. The Confederation also sought action against the policemen for murder, and for compensation of at least Rs. 3 lakhs to the family of the deceased. The Commission took note of the report of the DGP Kerala and of the subsequent report of the Confederation of Human Right Organisations. It observed that the office of the DGP did not dispute the fact that the victim was beaten by the police. The Commission, accordingly, directed the State Government to institute criminal action against the concerned police officials for the murder of Hussain, and also to expedite the departmental proceedings against them. The Commission also recommended that a sum of Rs. 2 lakhs be paid by the Government to the next of kin of Hussain, as immediate interim compensation. The Commission stated that the Government was at liberty to deduct this amount from the salary of the guilty police officials. The Government of Kerala has sanctioned the payment of a sum of Rs. 2 lakhs to the next of kin of Hussain as compensation. The Government has also ordered the DGP Kerala to instimte criminal action against the guilty officials for murder. 98