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Mr. Justice A S
Anand
Chairman
National Human Rights Commission
Sardar Patel Bhawan
Parliament Street
New Delhi-110001
Subject: Complaint
against torture and custodial death of Mr Boya Venkatanna, 26 years
by Andhra Pradesh Police of Maldakal police station under Muhabunagar,
Andhra Pradesh on 27 February 2003
Dear Justice Anand,
I am writing
to seek the intervention of National Human Rights Commission against
the torture and custodial death of Mr Boya Venkatanna, 26 years
by Andhra Pradesh Police of Maldakal police station under Muhabunagar,
Andhra Pradesh in the wee hours of 27 February 2003. Mr Venkatanna
belongs to Dasaripally village of Maldakal Mandal.
Mr Venkatanna
was picked up the by police along with two others- Boya Pedda Nagesh
and Boya Chinna Nagesh-following a complaint of alleged theft. No
arrest warrant was issued for their arrest and detention.
Police alleged
that Mr Venkatanna committed suicide by hanging himself to the iron
rods of window with his `lungi.'
It is incongruous
to allege that Mr Venkatanna would commit suicide without any reason
and in such a bizarre manner when there were two other illegal detainees
in the lock up. It is nothing but an attempt to over up the torture.
The parents of Mr Venkatanna alleged that the two constables - Mr
L.T. Naik and Mr Janardhan Reddy - who were on duty on the night
of 26 February 2003 severely tortured their son and then he finally
succumbed.
The Andhra
Pradesh Police authorities instead of taking proper action against
the murder of Mr Venkatanna have taken actions to shield the culprits.
Immediately after the incident came into notice, Sub-Inspector of
Maldakal police station, C. Jagatrakashakachari, was arrested in
the evening of 27 February 2003 for the illegal detention of the
three persons while Circle Inspector of Gadwal, Ranjan Ratan Kumar,
was placed under suspension for lack of proper supervision in his
circle.
It would be
travesty of justice if police continue to be given such impunity
for torture and murder.
I shall be
grateful if the NHRC could kindly intervene against the murder of
Mr Venkatanna and take the following measures:
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Direct the State Government of Andhra Pradesh to register
murder cases against sub-inspector, C. Jagatrakashakachari of Maldakal
police station and constables Mr L.T.Naik and Mr Janardhan Reddy
or any other guilty police personnel for murder of Mr Venkatanna
and that they be immediately arrested;
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Direct the State Government of Andhra Pradesh to order
an inquiry by a Judicial Magistrate and not by an Executive Magistrate;
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Direct the State Government of Andhra Pradesh to provide
the autopsy report which should have been conducted in full conformity
with the NHRC guidelines on custodial deaths/rapes to the NHRC within
two weeks;
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Direct the State Government of Andhra Pradesh to pay
an interim compensation of Rs 500,000 (five lakhs) to the victim's
parents and the same be recovered from the guilty police personnel;
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Direct the Government of India to ratify the United
Nations Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment and
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Take any other measures that the NHRC deems fit.
With kind regards,
Yours sincerely
Suhas Chakma
Director
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