Press Statement on Shootout of a juvenile by a Chennai Police Inspector
Tags: police shootout, juvenile justice, illegal detention
PUCL is shocked to know that a 14 year old boy was shot in his throat by a duty Inspector of Neelankarai Police Station, Chennai while being interrogated in connection with a theft in a temple in the same area on 7th January evening. PUCL strongly condemns the highhanded, criminal and unacceptable act of R. Pushparaj, Inspector of Neelankarai Police Station and his subordinate officials.
We learn from the media that the boy, Thameem Ansari, of Vettuvankani was brought to the Police Station for interrogation in the early hours of 7th January and was detained without informing his family or friends about his arrest. It was during the course of his illegal detention that in the name of investigation the Police Inspector held a gun to the throat of the boy threatening to shoot unless he confessed to the crime. While the exact sequence of what happened next is yet to be established, it is clear that the Police Inspector pressed the trigger of the gun injuring the boy in his throat. The boy is now reportedly fighting for his life in a private hospital.
There is absolutely no justification for the Inspector to have threatened the boy at gun point. Doing so is not only illegal but also constitutes a serious crime and a human rights violation. The law does not permit torture as part of investigative tool, much less to threaten any person at gunpoint. WHAT THE INSPECTOR HAS DONE IS NOT JUST AN ACT OF OVERZEALOUSNESS BUT THE COMMISSION OF A CRIME AND AMOUNTS TO A GRAVE ABUS OF POLICE POWERS.
We condemn the story put out by the police that the Inspector was cleaning his gun when it suddenly went off as a `cock-and-bull story’ meant to create confusion and cover up the dastardly crime committed by armed policemen.
It is learnt that an FIR is filed against the Inspector, R. Pushparaj under sec. 338 of IPC (Causing grievous hurt by act endangering life or personal safety of others). This is clearly inadequate and an attempt by the city police to water down the case against their own official. PUCL demands that Inspector R. Pushparaj and other policemen be prosecuted for offences u/section 307 IPC (Attempt to murder), Protection of Human Rights Act, 1993 and other provisions of law.
Disciplinary action like suspension is clearly not acceptable when a cognisable crime has taken place. A Constitution Bench of the Supreme Court has recently held that when a cognisable crime has occurred a FIR should be registered; waiting for an inquiry report from the RDO into the offence is not provided in the law and is also illegal. PUCL demands that the Inspector and other officials be arrested immediately. Eye witnesses and others should be immediately examined and their statements be recorded u/s 164 Cr.P.C. before a Judicial Magistrate so that later on they are not intimidated or bought over during trial.
The arrest of a juvenile and detaining him without informing his relatives or friends and threatening him with a revolver to make him confess are clear violations of the legal procedures to be followed under i) the Juvenile Justice (Care and Protection of Children) Act, 2000 ii) the Supreme Court Directives in the case of D.K Basu V State Of West Bengal AIR 1997 SC 610.
This incident also sheds light on how carelessly the juvenile offenders are being treated by our Police officials. In the case of `Sampurna Behrua vs Union Of India’, the Supreme Court on October 12, 2011 directed that at least one police officer in every police station with the sensitivity and aptitude be given appropriate training and be designated as Juvenile or Child Welfare Officer, who will handle the juvenile in coordination with the police as provided under sub-section (2) of section 63 of the Juvenile Justice (Care and Protection of Children) Act, 2000. It is high time that the Tamil Nadu Police to take sincere efforts to train and appoint Juvenile Welfare officers in every police station in Tamil Nadu.
PUCL urges the Government of Tamil Nadu to take exemplary action against the police Inspector and personnel and should demonstrate openly that the rule of law will be implemented both in spirit and in law. It is also important for the government to show that no policeman is above the law and all policemen who abuse their powers given by law will have to face the legal consequences.
S. Balamurugan, State General Secretary; Dr. V. Suresh, National General Secretary, PUCL
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