Byculla inmate death: Why Crime Branch can't be trusted to probe case

Julfar alias Rafiq Kamu Shaikh died in the custody of the Dharavi police on Dec 2, 2012

Can the Crime Branch be trusted to investigate the alleged murder of Byculla jail inmate Manjula Shetye at the hands of the prison staff? Not if you go by the observations of the State Human Rights Commission (SHRC) in a 2012 case of custodial death, where the Crime Branch was found to have covered up the use of third-degree torture that resulted in the victim's death.

In a seven-page order on the death of Julfar alias Rafiq Kamu Shaikh (40) at Dharavi police station on December 2, 2012, the SHRC has made some serious observations pointing to either apathy or deliberate attempts made by the police, post-mortem doctors and an ex-magistrate to dress up the victim's demise as a natural death.

Also read - Mumbai: Human rights body calls police's bluff, unravels custodial death mystery

Flashback
Shaikh, a resident of Dhobi Ghat in Cuffe Parade, was caught with fake currency amounting to Rs 1.2 lakh on November 29, 2012. Two cops from Dharavi police station allegedly beat him up with their bare hands, as well as with a transmission belt used in flour mills. On the fourth day of this alleged torture, he collapsed and died.

The police, as well as the doctors who performed the post-mortem, listed Shaikh's cause of death as meningitis (natural cause of death), despite 22 grievous injuries on his body, including head injuries.

Manjula Shetye

However, when the Central Bureau of Investigation (CBI) took over the investigations, they charged the two Dharavi cops with culpable homicide after an expert medical panel opined: "Cause of death may be neurogenic shock, as a result of ante-mortem injuries."

Cover-up?
The SHRC further pointed out that the reports submitted by DCP (Detection) Dilip Sawant on behalf of the Crime Branch, and by an ex-magistrate did not question the injuries on the victim's body. SHRC Chairman Justice S R Bannurmath and Member M A Sayeed observed, "There appears to be some effort to conceal the assault at the initial stage. Even the report of the ex-magistrate indicates non-application of mind and it simply relies upon the cause of death shown in the PM report. However, he has not inquired into the injuries noticed on the deceased."

Also read: CBI books Dharavi cops for homicide in custodial death

"It is also to be noted that the post-mortem report is found to be incorrect. Prima facie, there appears to be some apathy on the part of the doctors who conducted the post-mortem by stating that the death was due to illness. Whereas, the expert panel of doctors have opined that there was no illness like meningitis noticed."

Torture, not illness
"Prima facie, at this stage there is enough material available to show that the deceased was beaten mercilessly and there is every possibility of the death is the result of such assault. It is established by an independent investigation by the CBI that deceased was assaulted by the police officials, which is clearly a custodial violence prohibited by law and international norms," concluded the human rights body.