Custodial death of a juvenile in Chengalpet - Gokulsree

Context of Torture                                                               

On 28.12.2022 Victim had gone to meet his friend at Potheri and took a train on 29.12.2022 to come back to his home. On 30.12.2022, around 10 AM victim's mother received a call from one Mr. Balu, Railway Police officer from the number 8754491899 to her number 9884247517 and he stated that Victim has been arrested allegedly on suspicion of having committed theft. Later She went to the Railway Police Station at Tambaram and met her son. She spent around 1 ½ hours with her son and promised to take him out on bail and left. Victim categorically stated that he had not committed any o fence as alleged and said that he is being held on suspicion due to his appearance. Victim spoke to his mother on 30.12.2022 around 8 PM from Mr. Balu, Railway Police officer’s mobile number 8754491899 and informed victim's mother that there were no issues and asked Victim's Mother to get bail for him.

On 31.12.2022 around 5:30 PM, Victim's Mother received a call from a mobile number 9094466929. The caller told her that he is the warden of the Government Special Home, Chengalpattu, and informed her that victim had a seizure after having poori and buttermilk. The caller said they were taking victim in a two-wheeler to the Government General Hospital, Chengelpattu and asked Victim's Mother to rush there. Before she reached the nearby bus stand from her house in 10 minutes, she got another call from the same number informing her that Victim was admitted to the emergency ward. Again, after 10 minutes later the same caller informed her that Victim had died.

Type of Torture

The victim was inflicted injuries with a blunt-edged weapon, and 96 injuries were mentioned in the post-mortem certificate. The victim had severe contusions and abrasions on his legs and several external injuries on his body. The Post Mortem Report established that the victim died of shock and hemorrhage due to the multiple injuries sustained.

Perpetrators

S. Mohan, Superintendent of Government Special Home, Chengalpattu, P. Vidhyasagar, Assistant Superintendent of Prison, J.H. Raj, Barber at the Government Special Home, Chengalpattu and Prison wardens D. Vijayakumar, M. Saranraj and teacher R. Chandrababu.

Mr. Sivakumar, DCPO, Chengelpet, Jayaraj, Manager at the Government Special Home, Chengalpattu, Balaji, Chief guard at the Government Special Home, Chengalpattu, Chengelpet, Ms. Saraswathi and Ms. Shanthi, Cleaning Staff at Government Special Home, Chengalpattu.

Physical and Psychological Effects

• Victim’s mother rushed to the Government General Hospital, Chengelpet at around 8 PM. When she entered the Hospital, a staff member of the Government Special Home, Chengelpet whose name she not aware of prevented her from entering the hospital. Also, the Warden of the Government Special Home, Chengelpet held her back. Both of them firmly told that she cannot see victim’s body and asked her to come the next day morning. When she told them that she will go home and come to the hospital the next day morning, the staff member of the Government Special Home, Chengelpet told victim’s mother that they have made arrangements for my stay. Victim’s mother objected and told them that she will stay at the hospital itself. However, she called someone over the phone. A few minutes later a person named Raja came in a two-wheeler and forced Victim’s mother to get on the bike and took her to `one Ms. Saraswathi’s house who is also a staff member of the Government Special Home, Chengalpattu. She was forcibly taken in a two-wheeler again to another house. She came to know that the house where she was confined was the house of the sister of Shanti, another person working as a cleaning staff at Government Special Home, Chengelpet. Shanthi and Balaji threatened her continuously saying that she must not give any complaint to anyone and that she must listen to them and do things as per their demands and took away her phone, and prevented her from talking to anyone. The next day on 01.01.2023 also she was confined in the said place and she was not allowed to speak with anyone. She kept crying to see Victim. Around 12.30 in the afternoon both Saraswathi and Shanti took her to Chengelpet Government General Hospital in an auto there she saw the body of Victim in the Mortuary. Upon seeing the body of Victim, it was evident that victim was brutally tortured physically and several injuries were clearly visible. Within half an hour she was again forcibly taken to the place where she was confined. She was constantly threatened saying that they are powerful and can do anything to me and my children. As her phone was snatched away, she was unable to contact anyone and kept isolated. On 02.01.2023, one Mr. Sivakumar, District Child Welfare Officer came to the house where victim’s mother was confined and asked her not to complaint about the victim's custodial death. She was forced to settle the issue and sign some black papers while being kept in illegal custody.

Description of assistance to be provided

• Legal Assistance to the victim’s mother: On 11 January 2023, complaints letters were sent to the Superintendent of Police, Chengalpattu District, the District Collector, Chengalpattu District, the Hon’ble Chief Minister of Tamil Nadu, the Tamil Nadu State Human Rights Commission and the Judicial Magistrate-No I, Chengalpattu.
• Representations were also sent to the Dean of Government Medical College, Chengalpattu to furnish the victim’s Post post-mortem report, Video recording and photographs.
• Legal intervention before National Commission for Protection of Rights of the Child.
• First Information Report (FIR) No. 599 of 2022 was registered on 31.12.2022 on the file of Chengelpattu Police Station under section 176 (IA) (i) upon information given by the Superintendent Government Special Home, Chengalpattu. Mohan.
• Submission of complaints on 11 January 2023 to:

• The Superintendent of Police,
• Chengelpet District Collector,
• Hon’ble Chief Minister of Tamil Nadu,
• Tamil Nadu State Human Rights Commission,
• Judicial Magistrate – I, Chengelpet

• Representation to Inspector of Police, Chengelpet seeking recommendation of transfer of investigation to Crime Branch – Criminal Investigation Department (CB-CID).