23 April,2022 08:01 AM IST | Mumbai | Diwakar Sharma
Swati Kale, wife of the deceased, and their children. Pics/Hanif Patel
Six months after the father of seven was tortured to death in the custody of Vijapur Naka police in the Solapur district, the state's Criminal Investigation Department (CID) has booked seven policemen. Bhima Rajja Kale, who belonged to the Phase Pardhi tribe that has been frequently targeted by the police, died in October after he was picked up in connection with a theft case. After a massive sit-in protest by his family members, the NHRC's intervention and a series of reports by mid-day, the CID took over the probe and finally filed the FIR on Thursday. The cops have been currently booked for culpable homicide not amounting to murder, but the Phase Pardhis want them charged for murder.
Swati Kale, Bhima's widow, with their children
Bhima, 35, died in police custody on October 3 last year, and his family alleged that police had ignored his pleas to get him to a hospital as he was feeling unwell. Deputy Superintendent of Police, Solapur Unit, CID, Shrishail Gaja, conducted the initial investigation and filed an FIR on Thursday, as a complainant, against Senior Inspector Udayshinh Shamrao Patil, Assistant Inspector Shitalkumar Kolhal, constables Shrirang Khandekar, Shivanand Bhimde, Ambadas Gaddam, Atish Patil and Laxman Rathod of Vijapur Naka police.
The CID has registered an FIR under Sections 166 (public servant disobeying law, with intent to cause injury to any person), 304 (culpable homicide not amounting to murder), 330 (voluntarily causing hurt to extort confession, or to compel restoration of property) and 34 (common intention) of the IPC at the same police station where Kale was subjected to custodial torture.
Bhima Kale, the deceased
The FIR states that Vijapur Naka police took the custody of Bhima on September 22, 2021, and produced him before court the same day. However, his cousin Rajesh Kale, who is a corporator and deputy mayor at Solapur Municipal Corporation, alleged that he was picked up by police on September 18. "Bhima was hale and hearty when he was picked up by the police on September 18, but the policemen assaulted him so badly during illegal detention that he was unable to walk. Bhima had been pleading with police to take him to hospital but none of them listened to his requests," said Rajesh.
Bhima had been telling police that his condition is not good and he should be taken to hospital, "yet the police did not take him to hospital for immediate medical attention," reads the FIR. Rajendrasingh Bayas, the lawyer of Bhima's wife Swati Kale, said, "Bhima was kept in the lockup where there was no CCTV camera. He was in poor health in police custody. When his wife, Swati, and other relatives visited Vijapur Naka police station and asked the senior inspector Udaysingh Patil that âwhy is he [Bhima] asking you [police] to take him to hospital', the officers said his mental condition is not good." FIR mentions that Kale had fever and was coughing and puking while in custody. "Both his legs had serious infection when he was in police custody," it adds.
Assistant Inspector Shitalkumar Kolhal; (from left) four of the seven cops booked in the case
Kale was taken to Civil Hospital, Solapur, on September 24 at 2.25 pm for treatment. "And on September 25, he was subjected to severe physical torture by officers of Vijapur Naka police station. He was badly assaulted and mentally tortured to confess to the offence which he had not committed," Bayas alleged. "There was a serious negligence by police officers who took him to hospital only after his health condition deteriorated and finally he breathed his last on the night of October 3," he added.
Matin Bhosale, state president of Dadaji Adivasi Phase Pardhi Samaj Sanghatana, said, "The Phase Pardhi tribe is often subjected to police brutality. Many Pardhis have died in police custody, but this is the first case in which an FIR has been registered against the policemen involved in custodial torture. It was possible only after mid-day continued its sustained reportage on the sensitive issue that was also heard in the National Human Rights Commission (NHRC)." However, the family members and the lawyer are not happy with the IPC Sections under which the policemen have been booked, and demanded that the CID book them on the murder charge.
"The Supreme Court has laid down specific guidelines in the D K Basu case and these guidelines must be followed by police after they arrest an accused. But nothing as such was seen in Bhima's case. It's a serious lapse," Bayas said. "Our collective demand is to book these policemen under Section 302 (murder) of the IPC. IPC Section 304 is a bailable offence. Police have registered an FIR, but it is equivalent to a lollipop. Why have the accused policemen not been arrested or suspended till date?" he asked.
Constable Ambadas Gaddam, Senior Inspector Udayshinh Patil and Constable Shrirang Khandekar
Swati said, "I have learnt that a case has been registered against the policemen, but how is it going to affect my livelihood? I am still struggling to run my house and raise my children. They have lost their father. Will this FIR bring their father back?" "I still demand that these policemen be hanged for making our lives hell. My husband was not even allowed a glass of water when he was dying," she added.
The bereaved family demands immediate arrest of all the policemen. "The FIR has been filed, but the policemen have neither been suspended nor arrested. Why are the senior officers protecting them? We had been reiterating that Bhima was subjected to custodial torture, but the senior officers did not pay heed to our demands," said Rajesh.
Sources in the police department told mid-day that Patil and Kolhal reported sick and went underground after they learnt about the FIR. The flying squad of CID, Pune, under the supervision of Deputy Superintendent of Police Girish Dighavkar, will investigate the case here on. However, the case files are yet to reach Pune from Solapur, said a source in the CID. "Since the complainant is the Solapur unit of the CID, it cannot investigate its own case. So, we have transferred the case to the Pune team," a senior officer in CID told mid-day.
Responding to a question about the suspension of the seven policemen, Commissioner of Solapur Police Harish Baijal said, "They have not been suspended yet. Their suspension will depend upon what action the state CID takes against them." "Registration of FIR against some policemen is the first welcome step in this case. However, police should conduct the investigation properly and file the chargesheet in the court at the earliest. Speedy trial should be ensured in the Special Court as per the SC/ST Act," said Dilip Chakma, executive director, Indigenous Rights Advocacy Centre.
Oct 3
Day Bhima Kale died in police custody
