A judicial commission report on death of RK Jain, the then deputy commissioner, commercial tax, Madhya Pradesh in custody of special police establishment (SPE) of Lokayukta was tabled in the state assembly on Thursday during its winter session, as many as eight years after it was submitted to the state government.
Jain who was caught by ‘a trap party’ of SPE while he was allegedly taking a bribe of Rs 2000 on July 14, 2004 and detained in custody was taken to Hamidia hospital at 9 am the next day in a serious condition where he was declared dead in the afternoon.
The report finds several police personnel responsible for death of Jain while opining that he had been tortured mentally and physically during the custody.
The one-member judicial commission was first headed by RH Sharma, the then district and sessions judge, Shajapar and later Gulab Singh Solanki, the then district judge (vigilance), MP High Court, Jabalpur. The commission submitted its report to the government on April 30, 2009.
The police personnel accused of torturing Jain include the then superintendent of police in charge MS Nain, inspectors BP Singh and KS Solanki, head constable Badri Nihale, constables Ramsheesh and Sivvanush Tirki and ‘officers and employees of special police establishment’. They faced a criminal case too under sections 330, 304, 323/34 of IPC. An FIR was lodged against them and judicial commission inquiry ordered only after commercial tax department employees who were agitated over the incident took to streets.
Head constable Badri Prasad was found guilty by the district and sessions court, Bhopal and he was sentenced to imprisonment of five years and a fine or Rs 5000 in 2013. He was later sacked from service. MS Nain faced a department enquiry and his pension was withheld permanently. Constable Ramasheesh was dismissed from service. BP Singh died in 2016. KS Solanki was punished with a fine of Rs 5000 while Tirki’s services had been transferred to Chhattisgarh and the state government of MP requested the CG government to take action against him, states the judicial commission report.
{{/usCountry}}Head constable Badri Prasad was found guilty by the district and sessions court, Bhopal and he was sentenced to imprisonment of five years and a fine or Rs 5000 in 2013. He was later sacked from service. MS Nain faced a department enquiry and his pension was withheld permanently. Constable Ramasheesh was dismissed from service. BP Singh died in 2016. KS Solanki was punished with a fine of Rs 5000 while Tirki’s services had been transferred to Chhattisgarh and the state government of MP requested the CG government to take action against him, states the judicial commission report.
{{/usCountry}}The commission concluded in its report, “RK Jain was detained in police custody from July 14, 2004 night to July 15, 2004 morning (till 8 am) in unhealthy conditions and he was subjected to mental and physical torture as a result of which he was admitted to Hamidia hospital with injuries in his head and near dead condition at 9 am. MS Nain, BP Singh, KS Solanki, Badri Nihale, Ramasheesh, Silvanush Tirki and officers and employees of special police establishment are responsible for the same.”
The commission also opined that when Jain was admitted to the hospital he was already brain dead. Injuries marks on the body of Jain were results of torture on him.
In a castigating remark on Dr DK Satpathy, the then director Medico Legal Institute, the commission said it didn’t agree with opinion of Dr Satpathy that the 16x12 CM contusion in the head was a simple injury.
“In the opinion of commission an experienced person like Dr DK Satpathy describing the head injuries as a simple injury is really disappointing. His opinion seems to be the result of any pressure or any other reason which is best known to him”, opined the commission.
Dr Satpathy who is also an accused in multi-layered Vyapam scam couldn’t be reached upon his comment.
Talking to the Hindustan Times home minister Bhupendra Singh said he would like to comment on the report only after looking into this. He will also look into why tabling of the report in the state assembly was delayed.