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Friday, Nov 15, 2019

‘Police took him to court, not hospital’: Activist’s mother on son’s death

Naresh Soni, tehsildar of Pachpadra and executive magistrate, who heard the bail applications of two others arrested with Goliya, said he ordered the police to take the man to hospital first.

jaipur Updated: Oct 07, 2019 17:28 IST
Mukesh Mathrani
Mukesh Mathrani
Hindustan Times, Jaipur
Goliya of Kawas town had an ancestral property in Sarana village under Pachpadra police station. On Saturday, there was some land dispute between the deceased activist and some others after which three people including Goliya were arrested under 151 of CrPC. Goliya later died in police custody.
Goliya of Kawas town had an ancestral property in Sarana village under Pachpadra police station. On Saturday, there was some land dispute between the deceased activist and some others after which three people including Goliya were arrested under 151 of CrPC. Goliya later died in police custody. (HT Archive)
         

Mother of 42-year-old RTI activist, Jagdish Goliya, who died in police custody in Rajasthan’s Barmer district on Sunday, blamed police for the death, saying instead of taking him to a hospital, they took him to a magistrate.

“If police took him to hospital on time, he would not have died,” she said in her complaint to police, on the basis of which a case of murder has been lodged against a station house officer (SHO) and nine others.

“My son died due to police negligence,” she added.

The magistrate, before whom the man was presented on Sunday, also said police should have first taken him to hospital.

Goliya, who was arrested on Saturday in connection with a land dispute on charges of breach of peace, died on Sunday. Following the custodial death, SHO of Pachpadra police station was suspended. A case of murder was registered against the police officer and nine others.

The incident brings back memories of the Rakbar Khan case in which police were blamed for not taking the man to hospital until they deposited the cows recovered from him to a shelter. Trial in the case is going on.

Naresh Soni, tehsildar of Pachpadra and executive magistrate, who heard the bail applications of two others arrested with Goliya, said he ordered the police to take the man to hospital first.

“When Goliya was presented before me, his condition was critical. I directed the police to take him to a hospital immediately,” he said.

“I was at home when I was told about the bail application of three accused. I went to my office which is located across the road from my residence. On the way to office, I saw a man lying on ground and surrounded by four-five people. His condition seemed critical. Later he was identified as Goliya. I directed the police to take him to a hospital immediately,” Soni said on Monday.

The magistrate said according to the court manual, it is necessary to hear both sides, the prosecution and the accused, before deciding bail. It is also necessary that a man should be in good physical and mental condition so that he could hear and understand the process and the allegations against him. But when a man is not in a condition to hear and understand, this situation is not fulfilling the terms of section 111 of CrPC, Soni said.

“It is the duty of police to take such person to hospital before producing them before magistrates,” he added.

Police, on the other hand, said the man was in good health condition at the time of arrest. “His health deteriorated only when he was produced before the magistrate,” said Subhash Chandra Khoja, circle officer, who is investigating the case now.

Doctors also bear this out. Dr Deepak Goyal, who examined the RTI activist after his arrest, said that Goliya’s vitals were normal. “There were some signs of injury on his body. Police told me that those were caused during attack on him before the arrest,” the doctor said.

Goliya of Kawas town had an ancestral property in Sarana village under Pachpadra police station, police said. On Saturday, there was some land dispute between the deceased activist and some others after which three people including Goliya were arrested under 151 of CrPC, police added.