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My days inside police station

Sajad Farooq Rather
The police is primarily concerned with the maintenance of Law and order and security of person and property of individual. Almost in every country Police is looked with distrust and bias and is generally accused of misuse of Power and is often criticized for atrocities and Torture. It was 04 August 2016, when I became the victim of POLICE custody during the uprising of 2016 { Burhan wani”s scenario}. When I was arrested police started beating me on the main national highway road and another policeman of locality slapped me several times, soon I was covered by CRPF TROOPS, they were around 40-45 they started drubbing me bitterly and one Troop among them belated my head with Gun then suddenly my whole body turned red due to bleeding. I was bleeding suddenly, one among Kashmiri policeman took me inside the police station to protect me from CRPF troops. After a moment S.I called me to S.H.O’s room, he gazed on my formal pant and he found the pen inside the pocket of pant and he told me you do not deserve the pen and formal pant and started beating and drubbing me about an half hour, he rended both shirt and pent. After an hour I was taken to the Lawn of police station where my scars of blood were cleaned, the various policemen were torturing me and abusing me, there I got surprised educated officers were abusing negatively. Suddenly the S.H.O and D.S.P arrived the police station, they drubbed me, I was stunned when kashmiri K.P.S officer D.S.P who wrote AZAADI on my secret part, it was an immoral act. After some minutes officers demanded the chili powder and petrol, I was shocked, they were asking me to share the names of stone Pelters my answer was I don’t know anyone, than they rubbed the chili powder on scars, petrol injection was injected, due to injection of petrol I got paralyzed for 2 hours, I could not stand on legs, whenever I tried to standup I failed. I lost all energy I was thirsty, I asked for water but they refused my request and agonized me for drinking water, finally they offered me water after an half hour .When I was thrown behind the Prison I saw dirty quilts and blankets, inside the prison I found two more young boys their age was about 12-15 years. After the gap of two days MUNSHI of custody called us and we all were used as forced Labors , he ordered us to cut the grass of lawn, we were used to for mowing for hours in the mid day of hot summer, our Legal rights were neglected and snatched. This process of forced labour was continuous to all except me, I was forced to work for two times only, but rest of convicts was used continuously. After seven days I was called by D.S.P & S.H.O and D.S.P offered me the pen a page when I checked the page the page was titled “MY DREAM AND DESTINATION”, D.S.P told me write an article on it and I wrote the Article than they appreciated me, I requested them to bail me out but they refused, I told them I have to visit the university for counseling and I have to submit the documents there personally so give me permission to visit the university they still refused. After the two days MUNSHI again called us for cleaning the foot track which led towards to S.H.O’S office. In a day we were given one tea and two times food (lunch and Dinner) for both tea and lunch and dinner we had to pay Rs 80 per day while policemen were giving Rs 40 for the same. Our Parents and relatives were not allowed to meet us easily.
My Father was intimated by police to leave the Government job. One day during a mid night parents of stone pelter visited the police station to confirm why their son had been arrested, but the moment they entered the Police station S.H.O and MUNSHI started beating them ruthlessly, “PANCH” of that village was also beaten. Same happen to Imtiyaz’s parents, when his parents visited the police station next day after his detention, his father and maternal uncle were beaten and were used as forced labour, as they were ordered to clean the yard of police station if they want bail of Imtiyaz, after cleaning the yard for full day Imtiyaz was not acquitted. On my 16th day, I was again called by D.S.P and S.I to D.S.P’s office, D.S.P gave me a pen and blank white paper and told me write an ARTICLE ON “POLICE” And I made 32 Sentences than my mind stroked that, shall I mention the immoral acts of Police, unlawful Acts of Police which happened in front of my eyes within the custody of LAW caretakers, but I failed to mention those acts due to fear. When the D.S.P and S.I checked the Article than D.S.P told me now “keep hope for good” and I was sent to LOCKUP again.
My Legal rights were snatched, I had a sensitive scar on my head, I requested the officers I need to consult the Doctor but they were busy with their joy, refused my request time and again. On the 12th day I directly told to the S.H.O I need to consult the doctor, he answered don’t worry, today we will go to HOSPITAL and about 10:30 pm we visited the hospital.
During those nineteen days which I spent inside the POLICE STATION, I came across what should I do now. I learned a lot there but also came across the Illegal acts, immoral acts of law caretakers. During those 19 days I noticed that few policemen both high and low ranks are defaming the whole department. I also regret on those policemen especially who are working in the Office of Munshi why are they so unlawful, why are they doing unlawful acts within the boundary of custody. Police should nourish the LAW rather than using their power for their unlawful acts.
Under the Prisoners act 1894, The Chapter II of the Act deals with maintenance and officers of prison. It deals more with appointment of staff including superintendent, medical officer, jailer and officer like inspector general under whose charge the prison will work efficiently. The inspector in – charge will be bound to carry the functions to run the prison in manner as directed by the state authorities. The state authorities have to make proper arrangements for accommodation of prisoners and this act also make provisions to deal with natural calamities like epidemics wherein the prisoners are provided safe custody and temporary shelter during that period on directions of inspector- in charge.
The Supreme Court of India in its landmark judgment in Parmanand Katara vs Union of India (1989) and others ruled that the state has an obligation to preserve life whether he is an innocent person or a criminal liable to punishment under the law. With specific reference to health, the right to conditions, adequate for the health and well-being of all was already recognized in the Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights (ICESR) furthermore states that prisoners have a right to the highest attainable standard of physical and mental health.The right to life and personal liberty may be curtailed to a certain extent when a person is sent to imprisonment, but it is not absolutely taken away. Thus, the person imprisoned is the possessor of other fundamental rights and the residual part of Article 21 as well. The State does not give a right to take away the life or its important facets to the officers enforcing the law. If the life of an offender has been taken away, without the procedure established by the law, it would definitely amount to violation of Article 21 of the Constitution. Similarly, the life of an offender cannot be jeopardized by indulging in illegal physical torture by the jail authorities. The Article 5 of the Universal Declaration of Human Rights (UDHR), states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In a famous case law of, DK Basu VS State of West Bengal Supreme court issued 11 guidelines, some among them are as:, The arrestee should be subjected to Medical examination by trained doctor every 48 hours during his detention in his custody by a doctor. Copies of all documents including the memo arrest should be sent to the Magistrate for his record. Arrestee may be permitted to meet his Lawyer during the interrogation through not throughout the interrogation.
But these rights are only in books, when I was arrested I was subjected to Medical examination after twelve days of detention, my memo arrest was presented in court after two months, I was not permitted to meet during those nineteen days.

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