US national missing: Sadhu's death points to grave lapses

(Left) Justin Shetler went missing in Parvati valley in September and Satyanarayan Rawat, the sadhu

(Left) Justin Shetler went missing in Parvati valley in September and Satyanarayan Rawat, the sadhu

The death of self-proclaimed sadhu Satyanarayan Rawat (45), the prime suspect in the disappearance of American adventurer Justin Shetler (35) during a trek in Himachal Pradesh in September, in the custody of Manikaran police, Kullu district, on October 21 and the manner in which it was handled has raised suspicions of the police having bungled up the investigation.

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mid-day had on October 24 reported that Shetler went missing during a trek through Parvati valley in Kullu, and Rawat, who accompanied him, allegedly hanged himself, by his loincloth, from the grill of the police lock-up weeks later.

Rules violated
The Manikaran police allegedly violated a number of National Human Rights Commission (NHRC) guidelines (see box, 'Violations') while dealing with a custodial death. After finding Rawat hanging in the lock-up, they drove 16 km to the district hospital in Kullu to have the doctors examine his body late on October 21 - where he was declared dead on arrival - instead of calling in a local doctor. The body was kept in the hospital's mortuary till a panel of two non-forensic experts - Dr Hiralal Bodh and Dr Hitesh, an anaesthetist - performed an autopsy the next morning.

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A doctor at the Kullu district hospital said as per the norm in custodial deaths, the autopsy was recorded on camera. But that, too, was allegedly riddled with serious lapses. The doctor said neither Dr Bodh nor Dr Hitesh visited 'the crime scene' (the police lock-up) to ascertain the cause and manner of death. Rather, he claimed, the doctors only went through the inquest panchnama prepared by the Manikaran police to draw their conclusions, besides an examination of the body.

Even the inquest panchnama allegedly violated the rules. There was no judicial magistrate present during its preparation, as mandated under Section 176 of CrPC in cases of custodial deaths. In a meek defence of the alleged lapses on the part of the district hospital, the doctor said, "We rarely get such cases of custodial deaths." The viscera has been preserved and sent to the forensic science laboratory in Mandi district, Himachal, to check for the presence of poison.

Evasive responses
Dr Kavaljeet Singh, medical superintendent of the district hospital, said the death was caused by "asphyxia due to hanging". He sought time to respond when asked why his doctors skipped studying 'the crime scene'. When mid-day got in touch with him again, he refused to speak much. "We have submitted our report to the police. You need to contact them," is all he said.

The hospital authorities weren't the only ones clamming up. The Manikaran police, too, weren't forthcoming. Asked why the police did not seek the help of forensic experts to study the crime scene, Bhupender Jamwal, head constable of Manikaran police station, said, "You can speak to my superior officers. The case is with the Kullu police."
Jonathan Skeels, Shetler's family friend who has been in Manali since October 3, said, "The way in which the whole case is being handled compels us to believe that the truth will never come out."

Revaluation must
Sr forensic surgeon, Grant Medical College, Mumbai Central
It is the duty of the State Human Rights Commission or the judicial board to ensure that a list of such post-mortem examination centres, with the names of expert forensic surgeons, are made available to the local police. The manner in which this case was handled needs a revaluation by experts.

AK Jain Special rapporteur, NHRC, New Delhi
All custodial deaths must be reported to the NHRC within 24 hours, as also the findings of autopsies. In case of any discrepancy or suspicion of foul play, one can write to the NHRC. Accordingly, the NHRC can decide on an independent probe by a senior IPS officer into the custodial death.