Tamil Nadu Custodial Tortures: Why no FIR yet against IPS officer Balveer Singh?

What is most abominable is that custodial torture has been normalised and legitimised as necessary evil, only when extreme consequences – death in custody or severe maiming – occurs does the State feel compelled to respond.

A pair of white gloves, cutting pliers, gravel stones and a lathi – these were reportedly part of the standard torture gear of Balveer Singh, IPS, Assistant Superintendent of Police, Ambasamudram Sub-Division in Tamil Nadu’s Tirunelveli District. An alumnus of IIT-Bombay and belonging to the 2020 batch of the IPS, this officer has been accused of routinely torturing suspects at police stations in his sub-division such as Kallidaikurichi, Ambasamudram, and Vikramasinghapuram.

The “interrogation” allegedly involved pulling out their teeth using pliers, causing internal injuries by stuffing their mouths with gravel stones and hitting them hard on their cheeks and head. Worst of all is the allegation that he crushed the testicles of a few suspects, including a youth who married only a few months ago.

A System In Cahoots

Of course, local police officials were accomplices, armed with the justification that third degree torture is the only way to ensure a crime-free society. Widespread media coverage forced the government to order an inquiry by Mohammed Shabbir Alam, IAS, Cheranmahadevi Sub Divisional Magistrate-cum-Sub Collector.

It was apparent that the inquiry, by an IAS officer who is a 2020 batchmate of Balveer Singh, was just a whitewash. One example of the diversionary tactics used is the reported turning away of victims who appeared to testify and summoning them back at his convenience. This delay proved expedient for the Ambasamudram police to threaten victims and offer alleged bribes of Rs 30,000 for their silence.

Allegations of police torture are commonplace in the region. In June 2020, the brutal custodial murder of Jeyaraj and Bennicks, in Sathankulam police station in neighbouring Thoothukudi district shocked the nation. The father-son duo died of severe internal bleeding due to injuries sustained by sticks inserted into their rectum. The uproar caused the Madurai bench of Madras high court to order a CBI probe. Nearly three years after the incident, the trial is yet to conclude; and the delay is seen as inevitable as the accused are themselves senior police officials.

Not Justice This

What is most abominable – and dangerous from a public policy angle – is that custodial torture has been normalised and legitimised as necessary evil, so much so that only when extreme consequences – death in custody or severe maiming – occurs does the State feel compelled to respond. Part of the State’s toolkit is to order a judicial enquiry, under Section 176 of the Criminal Procedure Code. The ensuing delay allows the police to hunt victims and witnesses, coerce them with threats or bribes to not depose against them and quietly bury the case once the public memory has dulled.

India’s conviction rate in custodial torture and death cases is an abysmal 5 percent. The National Crime Records Bureau’s (NCRB) statistics shows that of the 1,727 custodial death cases between 2001 and 2018, merely 26 police officials have been convicted; NHRC reports also point out that out of 2,000 human rights violation cases only 34 have led to convictions.

The SC Constitution Bench in the “Lalita Kumari” case (2014) categorically and unanimously held that if the complaint clearly discloses commission of a cognisable offence (serious offence warranting the arrest of accused), it is mandatory for the police to register an FIR and not dodge issues by ordering preliminary enquiry.  In the present case, Balveer Singh has been accused of horrific, brutal torture with the help of other police officials and victims have testified. The TN government is deliberately delaying registration of FIR as a diversionary tactic to help the police.

The SC has clearly spelt out in the “encounters” case ruling in PUCL vs State of Maharashtra (2014) that separate and independent FIRs should be registered in complaints of custodial violence, including “encounter” cases, and should be investigated by an independent team of the police, which is from another division and district. Only then will the investigation be seen to be done fairly, impartially, and independently.

A Psychopath With Power

What is shocking is that such a young IPS officer has committed such cruel and inhuman torture, indicating serious psychopathic tendencies and mental health issues. It is unimaginable to think of the harm that can be caused  by police officials with such brutal behaviour patterns who are allowed to continue in the police force and who, in the future, will go on to occupy senior posts in the force.

Apart from immediate imprisonment and prosecution, Mr. Balveer Singh should also be sent for psychiatric examination and treatment and not allowed to continue in police service.

Balveer Singh and all other police officials involved in the tortures should be immediately arrested and lodged in prisons away from the region so as to prevent them from intimidating victims, their families, and eyewitnesses. The CCTV recordings of all the police stations in the region where the complaints of torture have emerged should be put in a sealed cover and deposited with the judicial court concerned. The victims should be provided with compensation, medical treatment, and emotional counselling.

Quid Pro Quo: Netas And Cops

The TN Government, like all other state governments and the Centre, have steadfastly refused to create a “Torture Protocol” or a “Guideline of Procedures” to be followed in custodial torture cases as it will bind their hands and force them to take action against the police.

For politicians, the police is an indispensable ally, required not just to crush citizens’ protests against their policies and actions, but also free speech, dissent and the right to assemble. The police are also required to spy on other political parties, and very importantly, on rival factions in their own parties.

The unspoken 'Omerta' between ruling parties and the police in cases of custodial crime is of mutual toleration and protection: “I protect your back; you protect ours.” Only citizens and human rights groups can break this chilling alliance and demand enforcement of “rule of law”.

V Suresh is an Advocate in the Madras High Court and National General Secretary, People’s Union for Civil Liberties (PUCL). Views are personal and do not represent the stand of this publication.