Jammu Family Demands Answers as Magisterial Probe Begins in Man's Custodial Death

Srinagar: For Uttam Chand’s family, what began as a dispute over an allegation of molestation ended in a loss.

Thirty-two-year-old Chand from Rakh Chakroi in Jammu’s Suchetgarh area, was taken to the Border Police Post (BPP) at Chakroi for questioning on September 8. This was after he was in a scuffle with a man who Chand's sister-in-law had accused of molesting her.

Hours later, Chand was declared dead at Government Medical College (GMC) at Jammu. His family has alleged that he was assaulted inside the police post and demanded an impartial investigation and strict action against those responsible.

“On the day of the incident, I was going to a house a few kilometres away to get milk in the morning. The accused lived near our house and was known to our family. He offered me a lift on his bike, which I accepted. After riding a short distance from our house, he touched me inappropriately. I was terrified and jumped off the moving bike,” Chand’s sister-in-law told The Wire over phone.

She said that she reached the house from where the family collected milk and once there, reported the incident to her father-in-law. According to the General Diary entry, BPP Chakroi received the complaint on September 8 against Naresh Kumar alias Bawa Ram, a resident of Rakh Chakroi.

The family said police later informed them that the accused had been arrested and that when told that they could come to the police station in the evening, they informed the police that they would go the next morning. Later in the evening, the family said, they learnt that the accused had already been released.

The family alleged that Chand then went to the accused’s residence and asked him to come outside.

“The accused abused him from inside the house. When he eventually came outside, a scuffle took place and my brother-in-law’s clothes were torn," Chand's sister-in-law said.

Police account

The police account, however, records the incident differently. According to the General Diary, at around 10.30 pm on September 8, the wife and mother of the accused approached BPP Chakroi and informed police that Chand had gone to their residence and entered into a physical altercation.

According to the family, the police called Chand and asked him to visit BPP Chakroi at night.

“Instead of taking action on our complaint, the accused then filed a complaint against my brother-in-law. When my brother-in-law was called to the police station, we followed him,” Chand's sister-in-law said.

She alleged that Chand asked police to call the accused to the post as well and, during a heated exchange, questioned the police and asked whether they had taken a bribe to release the accused. “The police became furious. They dragged my brother-in-law in and did not allow us to enter the police station. We could hear him screaming, but we were prevented from going inside,” she added.

The family said that one of the acquaintances accompanying them attempted to climb over the gate after hearing Chand’s screams and was subsequently arrested by police.

Police records state that Chand was brought to BPP Chakroi for interrogation and underwent a medical examination for alcohol at Sub-District Hospital (SDH) at R.S. Pura at around 1.30 am on September 9. He was subsequently brought back to the police post, say the records, which add that Chand later became unconscious and was again shifted to the SDH at around 3 am. Doctors there referred him to GMC Jammu for further treatment. There, he was declared brought dead at around 4.40 am.

The police have described the death as having occurred under “suspicious circumstances” and initiated inquest proceedings under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to ascertain the actual cause of death. The matter has also been brought to the attention of senior police officers and the Executive Magistrate.

Family asks questions

“Why was the family not intimated about his condition if he was so critical?” a family member asked.

Police officials have maintained that Chand was taken for medical examination after he became unconscious and that there was no delay in shifting him for treatment.

The superintendent of police of the Jammu Police Headquarters, Anna Sinha, said Chand was allegedly in an inebriated condition and was unable to walk properly when he was brought to the police post. She said he was given CPR during the medical examination and that his oxygen saturation had fallen to 52%. According to her, another medical examination and another round of CPRs were subsequently carried out, but Chand could not be saved.

Chand's family and locals have been protesting against his death at Chakroi Chowk, demanding an impartial investigation, termination of the police personnel posted at BPP Chakroi, compensation of Rs 1 crore and a government job for Chand’s next of kin.

“They killed my brother. We will not call off our protest until everyone responsible for his death is held accountable. My brother was not intoxicated. The police are lying. They tortured him and killed him. We want justice and strict action against all those responsible," Jackie Kumar, Chand's brother, told the Wire.

Amid the protests, Sinha said the BPP Chakroi in-charge and other police personnel deployed there had been removed with immediate effect.

“Before completion of the inquiry, we cannot term anyone accused or guilty. We have ordered a magisterial inquiry into the death. The statements of the victim's family and witnesses will be recorded during the investigation. After culmination of the inquiry, whosoever is found guilty whether from the police or the other side, will be punished as per established procedure of law,” SP Sinha told reporters.

Two police officers and three special police officers have been suspended so far in the case.

The family also said it has repeatedly sought a copy of any FIR registered against police personnel but have not received one.

“We have been told that it takes time. We still do not have a copy, and we have no way of knowing whether an FIR has actually been registered against the police or not,” Chand's sister-in-law said.

The Wire has reached out to SP Sinha for responses to the individual allegations and will update this report if she responds.

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