First medical report denies life-threatening injuries

Six feet five inches tall Zia-ul-Haq, one of the finest inspector of MP Police was getting ready for his dream UN assignment. But, now, he is on the run. After all, a case of “attempt to murder” is registered against him.

Six feet five inches tall Zia-ul-Haq, one of the finest inspector of MP Police was getting ready for his dream UN assignment. But, now, he is on the run. After all, a case of “attempt to murder” is registered against him.

Haq is one of the seven police personnel accused of trying to kill an RSS pracharak Suresh Yadav in custody on September 25 at Baihar police station of Balaghat district.

According to state police sources, an excellent track record of 2007 batch state police services officer ensured that Haq was among the five police officers selected to be part of India’s representation in the peace keeping operations in Liberia, Haiti, Ukraine and Sudan in the coming months. While two officers have already embarked on UN mission, three others, including Haq were slated to go on coveted international assignment in foreseeable future.

With spectre of arrest looming large on Haq’a head, the coveted assignment for the police officer also known for his volleyball skills could be in doldrums.

Already suspended in the matter, the prospects of the seven cops (also booked for loot and rioting) to get relief in the matter suffered a jolt, with a lower court in Balaghat denying anticipatory bail to accused additional SP Rajesh Sharma and ASI Suresh Vijaywar in an associated case.

The court of special judge (SC/ST atrocities) had on Friday rejected the anticipatory bail plea of the duo cops in the case pertaining to trespassing house-cum-medical shop of a man Swami Prasad Asati near Baihar police station, after the RSS pracharak fled from police custody on September 25.

While, the absconding cops continue their quest in the high-profile attempt to murder case, the findings of the medical examination of the alleged victim RSS pracharak done by government doctors at 12.05 am on September 26, however, put under cloud the lodging of an attempt to murder case in the matter.

A copy of the report summing up findings of medical examination of the RSS pracharak by doctors of Baihar government hospital on September 25 night mentions only about abrasion and contusion (bruise), besides swelling both arms caused by hard and blunt object.

The report nowhere talks about any suspected fracture, grievous and life threatening injuries that could have been caused with an intention to kill Yadav.

The report mentions about the patient’s complaint all over the body. Pain is more over left ear and trunk and over his private parts and also over his head, thighs and both lower legs. Patient also complained of inability to void (pass) urine, the report adds.

The report whose copy is with the Hindustan Times mentions about need for admitting the patient at hospital for admission and also expert opinion, besides mentioning that duration of injury was between 5-8 hours.

If sources in the special investigation team constituted to probe the episode are to be believed one of the government doctors who performed the RSS pracharak’s medical examination at Baihar police station in presence of tehsildar and sub divisional magistrate has told the investigating team that no life threatening injuries were detected in the check-up which could suggest that the injuries were inflicted with an intention to kill him.

With the report, nowhere mentioning about any suspected fracture and a picture of RSS pracharak easily seated on a chair at Baihar police station, while the doctor is writing the findings, doesn’t suggest that he sustained fracture in the leg.

The new SP of Balaghat, who assumed charge two days back only, however, refused to comment over the matter, saying the matter is already being investigated by the SIT.

When shown the medical report by HT on Saturday, a senior Bhopal-based orthopedic surgeon not wishing his name to be quoted clearly said that the as per the report, the injuries seem to be simple in nature and not at all life threatening inflicted with a motive to kill the patient.

Not only a seasoned doctor in Bhopal, but at least two senior advocates of MP High Court in Jabalpur said if this first medical report is to be taken into account, an attempted to murder case should not have been registered.

Senior advocate Adarsh Muni Trivedi said nowhere in the document there is mention of any grievous injuries on the person so no case of attempt to murder can be registered on basis of this document.

Another senior advocate Manish Datt said the injuries indicated in the document are of simple nature and do not fall within the ambit of grievous hurt thus attempt to murder could not be registered merely as per contents of this document.

Legal eagle turned opposition Rajya Sabha member Vivek Tankha also concurs, “from the first medical report it seems improbable that a case of attempted to murder should have been registered. Even assuming that the person was manhandled and beaten in police custody, the document is no evidence about attempt to take anybody’s life.”

He adds, “it’s surprising that fracture in leg has only been found after the patient was admitted on September 26 at a Jabalpur hospital owned by a doctor with strong RSS and BJP connections. To me it appears a case of gross over reaction by the state government to please their political masters,” added Tankha.

However, Ravi Srivastava, an RSS leader coordinating affairs in Mandla and Balaghat district maintains that a single medical report is not enough to prove that Suresh Yadav was not beaten brutally with an intention to kill in police custody.

“He is young man aged 26 years, who is well built and therefore tolerated the heavy beating by cops for hours in custody. The lodging of attempt to murder case against the cops is totally justified. The anticipatory bail of two cops has been rightfully rejected in an associated case on Friday, we’re consulting lawyers to ensure that these cops don’t get bail, but are arrested soon,” Srivastava maintained.

On September 25, the RSS pracharak Suresh Yadav was taken into custody for questioning over alleged uploading of a hate post against AIMIM leader Asaduddin Owaisi. In police custody, he was critically injured and is now admitted at a private hospital in Jabalpur with multiple injuries, including a fractured leg