Annual Report 2012-2013 Police Custody 7. Death due to Police Torture in Kerala (Case No. 112/11/10/2010-PCD [L/F 113/11/10/2010-AD]) 4.53 The Superintendent of Police, Palakkad sent a communication to the Commission that a person by the name of Sampath aged 30 years was arrested by the police of Town North Police Station on 29 March 2010. He complained of uneasiness and chest pain and collapsed in the lockup. He was taken to the District Hospital, Palakkad but was declared brought dead. 4.54 In response to the notice, the District Magistrate, Palakkad, Kerala submitted a copy each of the inquest, postmortem and magisterial enquiry reports. The inquest proceedings and the postmortem report revealed more than 30 wounds and 63 wounds respectively on the body of the deceased. All these injuries were ante-mortem in nature caused by kicking with shoes, striking against hard surface, compression of lower forearm, wrist, etc. The cause of death given was internal bleeding in tissues and brain and multiple localized trauma. As per the statements of the relatives recorded during the magisterial enquiry, the deceased died of police torture. The Magistrate concluded on the basis of the statements of witnesses including policemen and relatives and other records that the death of Sampath occurred due to brutal physical torture while he was in police custody. 4.55 Upon consideration of the reports on 20 August 2010, the Commission observed that the deceased Sampath was in the custody of the police. As per postmortem report as many as 63 injuries were found on his body. The Magistrate too concluded that Sampath died due to brutal physical torture while in police custody. Prima facie, it was a case of human rights violation. The Commission thus issued a notice to the Chief Secretary, Government of Kerala, Thiruvananthapuram calling upon to show cause as to why interim relief may not be recommended to be paid to the next of kin of the deceased. 4.56 In response, the Additional Chief Secretary to the State Government, Home Department, Thiruvanthapuram conveyed that a CBI investigation is in progress. As such, the payment of interim relief at this stage is premature. 4.57 A letter was also received from the Superintendent of Police, CBI, Thiruvanthapuram which revealed that Sampath (the deceased), Manikandan and Kanakraj were picked up by the police and taken to an isolated place at the riverside cottage of Irrigation Department. There they were brutally tortured by the police with fist blows, lathies, cane, kicking with shoes and other objects. The death of Sampath took place due to the injuries sustained by him for which the police personnel were solely responsible and further investigation was under progress in case crime No.251/10. 4.58 The Commission on 10 November 2010 considered the reply as well as the report received from the CBI and observed that Sampath and two others were brutally tortured by the police officials which ultimately led to his death. This clearly indicated high handedness NHRC 33