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Yogi's Atmosphere of Impunity to Blame for Custodial Deaths in UP, Say Activists

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Two recent custodial deaths – one of a businessman and another of a young man belonging to a Dalit community – have raised concerns on the free pass to police brutality in the state.
Adityanath. In the background is a representative image of Uttar Pradesh police. Photos: Official X accounts of Adityanath and UP Police.
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Lucknow: The news of two custodial deaths in two weeks has shaken Uttar Pradesh’s capital, prompting widespread criticism and raising serious questions about police accountability in the state. The recent deaths of Mohit Pandey and Aman Gautam – the latter belongs to a Dalit community – have led to a renewed focus on custodial practices, highlighted alleged police abuses and drawn criticism from retired police officials and human rights activists.

The Uttar Pradesh Human Rights Commission has issued notices to the state police following complaints from Prayagraj-based lawyer and social activist Gajendra Singh Yadav. Yadav had moved the Commission to demand accountability, particularly in Gautam’s case, and is now pushing for thorough investigations into both the deaths.

Custodial deaths in Uttar Pradesh have reached alarming numbers, placing the state at the forefront nationally. Retired Indian Police Service (IPS) officer S.R. Darapuri has condemned the recurring incidents, stating that in the past year alone, custodial deaths in the  state constituted nearly 20% of the national average. Darapuri highlighted that UP reported 501 custodial deaths in 2021-22, out of a national total of 2,544, underscoring that such incidents reveal systemic issues rather than isolated cruelty. “This police behaviour is a threat to the rule of law,” he said.

He noted that statements by Adityanath such as “thok do (eliminate)” foster an environment where police officers feel empowered to take extreme action without fear of repercussion.

On October 11, Aman Gautam was taken into custody during a police raid on a gambling ring at Ambedkar Park in the Vikas Nagar locality of Lucknow. His family alleged that he was severely beaten in police custody and that he lost consciousness as a result of police brutality. Authorities claimed his death was due to a heart attack.

A first information report was ultimately filed against a head constable, Shailendra Singh, along with other unidentified police personnel under Section 105 (culpable homicide not amounting to murder)  of the Bharatiya Nyaya Sanhita and provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Also read: UP Cop Booked For Murder Amid Protests After Man Dies in Police Custody in Lucknow

On October 26, Mohit Pandey, a businessman, died in police custody. Mohit’s family accuses the police of torturing him during his detention, which they say ultimately led to his death. Police denied these allegations.

Following public outcry and mounting pressure, an FIR was filed late on October 26 against Ashwini Kumar Chaturvedi, the Station House Officer of Chinhat police station.

Retired IPS officer Amitabh Thakur has criticised the police for also detaining Mohit’s brother, Shobharam Pandey and for not allowing photos to be taken of Mohit’s dead body.

Thakur, who met with Mohit’s family, claimed that Shobharam was forced to stay in police custody even after the confirmation of Mohit’s death. “Police actions in these incidents are shocking and demand accountability,” he added, saying that senior police officials also need to be held responsible for oversight failures.

For IPS officer Darapuri also noted that only comprehensive police reforms, including accountability for senior officers, can curb custodial violence.

In response to the growing public outcry, the Adityanath government announced a compensation package for Pandey’s family, including Rs 10 lakh, a housing provision, and free education for his children. However, critics argue that this is far from sufficient. Thakur has demanded a larger compensation of at least Rs 1 crore and a government job for Pandey’s family. He also called on the Director General of Police (DGP) to address specific questions surrounding Pandey’s detention and subsequent death.

It is noteworthy that no such package has been announced for Gautam.

Darapuri criticised the government’s approach, arguing that both families deserve equal treatment.

The Azad Samaj Party (Kanshiram) also condemned the BJP government, accusing it of discriminating against Dalit people. Party leader Vivek Gautam stated that the lack of support for Gautam’s family reflects the ruling party’s casteist mentality.

Sudha Gautam, sister of the late Aman, expressed frustration over the government’s response. While talking with with The Wire, she alleged that Adityanath had neither met her family, nor offered any compensation. “Yogi acted promptly in cases involving upper-caste victims but ignored our Dalit family,” she said.

Also read: A Killing, Beatings, Maimings and Rape: The Extraordinary Torture of the Pardhi Community at the Hands of MP Police

Gajendra Singh Yadav, mentioned earlier, has filed three complaints with the National and State Human Rights Commissions regarding the custodial deaths of Gautam and Pandey. On October 13, Yadav filed a complaint related to Gautam’s case, seeking a high-level investigation and alleging that police brutality was to blame for the young man’s death. The Uttar Pradesh Human Rights Commission responded by ordering an investigation into the incident, directing the Police Commissioner of Lucknow to submit a detailed report by November 20, 2024.

Yadav’s complaint detailed the family’s version of events, citing CCTV footage that allegedly contradicts police claims of a “natural” death due to heart failure.

 Yadav asserted that the family’s claims of beatings in custody and the preliminary post-mortem findings must be scrutinised thoroughly.

The Commission’s order reads, “Looking into the nature of allegations made in the complaint, it would be appropriate to call for a report from the Police Commissioner, Lucknow. The commission directed the police commissioner that  after necessary inquiry associating the complainant, send his report to the Commission before 20.11.2024.” This matter will be heard on November 21.

Yadav also filed a second complaint regarding Pandey’s case, asserting similar issues of police misconduct and lack of transparency.

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