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The recent custodial death of B. Ajith Kumar in Tamil Nadu provided an ugly spotlight on the enduring and atrocious pervading din of custodial violence in India. The gruesome details that were revealed by the post-mortem report and investigations laid bare a disturbing pattern, spawning outrage and calls for systemic change.
The Ajith Kumar Case: An Unspeakable Torture Account
Ajith Kumar, reported as 27 or 29 years old, was a temple guard at Sivaganga in Tamil Nadu, with no criminal records till date. He was the main financial provider for his widowed mother and younger brother. Arrested on the night of June 27th, he was taken into custody for interrogation in connection with a jewel theft at the Madapuram Kaliamman temple. The police are said not to have lodged a complaint or made an FIR, nor did they have warrants, detaining him for over 40 hours illegally.
The post-mortem report painted a grim picture of extreme physical torture, starkly contradicting the initial police claim of death due to a seizure or scuffle. The report revealed about 44 injuries on various parts of Ajith Kumar’s body, with some sources specifying 44 external injuries.
These injuries included:
- Deep muscle-level contusions and severe internal bleeding across multiple organs.
- Injuries to the forehead, right eyebrow, leg, wrist, left forearm, and ankle.
- Nineteen external injuries were described as deep, extending into the muscle tissue.
- Petechial (pinpoint) hemorrhages were found in both parietal lobes of his brain, indicating trauma to the head, and internal bleeding was observed in the heart and abdominal area.
- The injuries were consistent with blunt force trauma, suggesting the use of batons, sticks, or rods, and were described as patterned and consistent with repeated, forceful blows.
- Dried blood stains were noted around his ears, and brown-colored fluid near his nostrils and the corner of his mouth.
- Witnesses, including a friend and his mother, reported Ajith was shirtless and traumatized the night before his death. His mother recounted his trembling denial of the theft, his last words to her.
- A friend reported hearing screams of pain and suspected police forced Ajith to inhale ganja smoke and gave him water mixed with chili powder.
- He was reportedly beaten with plastic pipes and wooden rods in a cow shed, leading to him fainting, suffering seizures, and passing blood in his urine before being declared “brought dead” at a government hospital.
- His death was attributed to multiple external and internal injuries, especially in the neck, chest, skull, and abdomen, causing fatal suffocation and catastrophic internal bleeding.
Profound anguish was expressed by the Madurai Bench of the Madras High Court after considering the preliminary autopsy report, stating that: “Not even an ordinary killing would have produced such injuries”. Several eyewitnesses have come forward, including Ajith’s brother, Vineeth Kumar, and a temple employee, Saktheeshwaran, who had recorded the video of the torture. Saktheeshwaran has approached the police for protection due to an elevated perception of threats ensuing after his testimony.
Government and Judicial Reactions
In a response to meet with massive public outrage, Tamil Nadu Chief Minister M.K. Stalin decided to hand over the investigation to the Central Bureau of Investigation (CBI), with emphasis on the need for a transparent and credible probe. The government promised every cooperation with the CBI.
Key actions taken include:
- Five police personnel were arrested, and six had been immediately suspended from duty.
- The case was converted into a criminal case under Section 196(2)(a) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act.
- Chief Minister Stalin offered interim compensation of Rs 5 lakh to Ajith’s family, allotted a three-cent plot of land, and provided a job to his younger brother, Vineeth Kumar.
- The Superintendent of Police of Sivagangai district was placed on a waiting list, and the DSP of Manamadurai was suspended.
- The Director General of Police (DGP) ordered the immediate disbanding of all special units functioning under sub-divisional DSPs across the state and issued detailed “dos and don’ts” on arrests and investigations to all police stations.
- The Madras High Court emphasized the need for an “impartial probe” and ordered an Additional District Judge to conduct an inquiry and submit a report.
A Systemic Problem: Echoes of Past Tragedies
The Ajith Kumar case is not an isolated case but an echo of the bigger systemic custodial death issue that exists in Tamil Nadu and India. Tamil Nadu has the “long, brutal history” of such incidents. In the last four years, 31 persons have died in custody in Tamil Nadu, and no single officer has been punished. Between 2019 and 2020, Tamil Nadu recorded 490 deaths in custody, the second-highest in India and highest in the South. Until 31st December 2022, the state had a notorious record of 2,129 detentions, practically half of India-wide, with 38.5% being Dalits.
All human rights groups say that every death in custody is a violation of the Supreme Court’s guidelines laid down in the D.K. Basu case so that such abuses might not happen again. Comparing this to the 2020 George Floyd death in the USA is apt, considering the extraordinary level of brutality meted out and the similarity in the injuries sustained. Past cases such as the Sathankulam double murder of P. Jeyaraj and his son J. Bennix in 2020 and the Thoothukudi police firing in 2018 are chilling reminders of the state’s failure with regard to police accountability.
In India, experts state that committing acts of custodial violence remains an act with no concrete laws against it, thus deterring prosecution of offenders. It is a sad truth that judicial interventions notwithstanding, the Indian criminal justice system often fails to muster deterrent conviction against erring officers.
The ordeal of Ajith Kumar stands as a grim reminder that, notwithstanding governmental and judicial responses, the basic and fundamental challenge of police brutality and accountability remains as a matter that requires constant surveillance and hardened efforts to ensure the protection of rights and delivery of justice to the citizens.
References:
- “44 injuries on Sivaganga custodial death case victim, says post mortem report – The Economic Times”
- “Brutal details emerge in TN custodial death as autopsy report reveals 44 wounds, internal bleeding”
- “Custodial Death Witness Granted Police Protection After Video Evidence in Ajith Kumar Case”
- “Custodial Death of Ajith Kumar in Tamil Nadu: A Chilling Echo of George Floyd’s Killing – Frontline”
- “Tamil Nadu CM Stalin hands over Ajit Kumar custodial death case to CBI for transparent -”
- “Tamil Nadu custodial death: From brain haemorrhage to organ damage — What the post-mortem report reveals – India News | The Financial Express”
- “Tamil Nadu custodial death: ‘I didn’t steal,’ Ajith told mom; died after brutal torture by cops | Chennai News – Times of India”