NATIONAL HUMAN RIGHTS COMMISSION, INDIA b) Unlawful Arrest, Illegal detention and Torture 7. Custodial torture by police (Investigation Division) (Case No. 969/22/13/2017) i. The Commission received a complaint from Shri S. Sundaravelu of District Thiruvallur (Tamil Nadu) alleging picking up by the police and his custodial torture. It was alleged that the police personnel of Kannagi Nagar Police Station beat him brutally and broke both his legs. It was also alleged that the police officials asked him to drink urine and to eat human excreta. According to the complainant after coming out of jail he had to spend Rs. One Lakh for his treatment. ii. The State Authorities through various reports reiterated a single and identical version that Shri Sundaravelu was indeed arrested in connection with Case FIR No.102/2017 under Section 294(b) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment (TNPWH) Act. It was denied that he was illegally detained and tortured while in police custody. A copy of the State Report which substantially denied the allegations in the complaint was sent to the complainant for his comments, who reiterated his allegations and stated that he has evidence in his possession about his custody to prove his allegations as and when called for. The Commission got the matter examined and analyzed through its Investigation Division. The Investigation Division of the Commission also conducted a spot inquiry in order to verify the facts and allegations in the complaint and to find out the truth in the matter. iii. The spot inquiry by the Investigation Team found holes in the story put forth by the State Police. It was found that General Diary (GD) entries regarding the movement of Police to arrest Shri Sundaravelu, his arrest and accidental fall, his movement to the hospital or to the jail were not made. At the time of his arrest, no injury was found on the body of the complainant. However, after the arrest when he was taken to the doctor at Chrompet Hospital for examination i.e. the day of arrest, the doctor found swelling on both the knees and advised orthopedic examination. But the police did not take him for any such examination. Shri Sundaravelu was produced before the concerned Magistrate, who allegedly ignored the complainant’s version of custodial torture and remanded him to police custody. When the police took him to the Central Jail, Puzhal, the Jail Authorities refused to accept Shri Sundaravelu as he was having injuries and directed to re-examine him in the Royapettah Government Hospital. The medical treatment at Royapettah Hospital reveals fracture on both the knees of Shri Sundaravelu. He was then again taken to the Central Jail, Puzhal where he was treated and was released on bail. The Jail Doctor stated before the NHRC Investigation team that the victim, Shri Sundaravelu was diagnosed with fracture and this type of fracture might be due to torture during police interrogation. The X-ray produced by Shri Sundaravelu also confirms fracture on the knee. ANNUAL REPORT 2019-20 57