Guna (Madhya Pradesh): In March 2023, an FIR was registered in the Cantt police station against four policemen and a civilian in allegations of the custodial killing of a Muslim man in November 2022 in the Guna district of Madhya Pradesh.
Israel Khan, a daily-wage labourer, was detained by the police while he was returning home after attending a three-day religious congregation in Bhopal. A magistrate inquiry was immediately ordered following protests by locals and Israel’s family.
The FIR came three months after the incident, yet none of the accused have been arrested. Israel was survived by his wife, three daughters and one-year-old son.
This was the third instance of custodial death in the state within three months. According to National Crime Records Bureau data, India reported 88 custodial deaths in 2021, with Gujarat on top with 23 custodial deaths, followed by Maharashtra with 21 and Madhya Pradesh with seven.
There was an increase of 13.6% in custodial deaths in comparison to 2020, which reported 76 custodial deaths. 1,888 custodial deaths have been reported in India over the last 20 years.
Manohar Mirota, Israel’s advocate, told The Wire that the report of the magisterial inquiry has been recently released and sent to the superintendent of police (SP) and Human Rights Commission in Bhopal.
“Despite our applications, it has not been given to us. Immediate police action was required given the grave circumstances of Israel’s death, yet nobody has been arrested after three months of registering the FIR,” Mirota said.
“The Guna Police has failed in taking action because the accused belong to the police department. They have not even arrested the civilian who is in fact threatening the family. The SP told us nothing about the magisterial inquiry report. It is sidelined; however, we suspect that the town inspector could have been named in it and that’s why an FIR was registered in a hurry before the report,” he added.
Also Read: Behind India’s Custodial Death Numbers Are ‘Brazenly Ignored’ Guidelines, Say Experts
What exactly happened?
According to Israel’s father, 65-year-old Munawwar Khan, the incident happened at 8 pm on November 21, 2022.
He said Israel was on a call with his mother-in-law when four policemen stopped the auto-rickshaw in which he was returning and detained him at the Kushmuda police chowki. His family was informed of the incident by Israel’s mother-in-law. Along with a few locals, Munawwar reached the chowki, where they could hear the merciless beating of his son.
“He was groaning in pain. We could hear his painful screams outside the chowki. I pleaded with the policemen to let go of my son and said I will pay them with whatever they wanted. They thrashed us when we tried to enter the chowki, and then my son was silent after 15 minutes,” Munawwar said.
He continued: “We were at peace that he stopped screaming because [we thought] there was no more beating. We were confident that they would not beat him to death as he was innocent.”
A few minutes later, the policemen at the chowki asked Munawwar and two other men present with him to reach the Cantt police station, as they were taking Israel there. Khan and the men reached the police station and waited there for at least 45 minutes, when they received a call from the Kushmuda chowki to reach the hospital where they had taken Israel.
“‘He is doing a drama. We are taking him to the hospital for a medical checkup,’ the policeman on call had said. My son’s body was lying on the stretcher when we reached the hospital. He was dead already and the police were not present there,” Munawwar said.
Mirota, Israel’s lawyer, said that the administration was forcefully taking his body from the hospital.
“They were pressuring the family for burial, but we urged them for a post-mortem. The post-mortem report said that Israel died of a heart attack – which led to the protest – and the superintendent of police assured us of a magistrate inquiry. Twenty-three witnesses gave their statements in front of the magistrate on the same night,” he explained.
Mirota further added that Israel’s viscera report revealed that he died of cardiorespiratory failure and a head injury. Following the report, an FIR (0185/2023) was registered on March 5 against three police constables, a home guard and one other individual under Sections 302 (murder) and 34 (involvement of two or more persons in crime) of the Indian Penal Code.
The names of the accused in the FIR are Ravindra Solanki, Shivkumar Raghuvanshi, Pran Singh, Lakhan Jatav and civilian Saddam Khan. Four policemen named in the FIR have been line attached (transferred) since the date of the incident.
The March 2023 FIR filed against four policemen and one civilian. Photo: Huneza Khan.
Mirota alleged that Israel’s family has been under political pressure to withdraw their complaint since they made it.
“Even I was lured to withdraw from the case. Saddam Khan, an accused in the FIR, is a police agent. It is his business to spy upon people and trap them into false charges for making money,” Mirota said.
The Cantt police station denied allegations of death threats to the victim’s family.
A report by The Week last year said that Israel was reportedly part of a group of people that had a confrontation with local police while attempting to save a gambler who tried to escape from them.
He was reportedly detained and questioned by the police over the same and allegedly died in their custody.
Maktoob Media also reported that the then-SP of Guna Police said a case was filed against Israel on November 18, 2022. Its report said a group of six people playing cardsgot into a verbal confrontation with local police that same day while Israel was sitting near them, and quoted the SP as saying that Israel was taken into custody in relation to this case when his condition deteriorated.
However, Israel’s father denied these allegations. The Wire accessed a copy of an FIR (0888/2022) filed by the Guna Police on November 18 against six individuals who allegedly asked a man for gambling money and then assaulted him. The individuals named are Saleem Khan, Khaleel Khan, Altaf Khan, Shahid Khan, Ibrahim Khan and Afsar Khan.
The FIR filed in November 2022 in the gambling case. Photo: Huneza Khan.
Israel’s name was not mentioned in that FIR. Mirota said that Israel’s name was added to the FIR after he died to cover up his death. Notably, the said FIR was filed by complainant Saddam Khan, who is an accused in the alleged custodial killing of Israel.
The family’s plight: No government aid provided
Reena Bano, 30, is Israel’s widow. She is devastated by the death of her husband.
“My husband was innocent. He was on a phone call with my mother when the policemen held him. He was the sole breadwinner of the family. His death has led us to live on other people’s mercy,” Bano told The Wire.
“The administration didn’t provide us with any aid. I have become lonely. My children are helpless without their father,” Bano continued, breaking into tears.
The thought of the old days made Bano nostalgic. She said they were a happy family living together in harmony without any problems.
“Now it’s all grief surrounding us. We are helpless even for food. My children cry for their father. They ask questions, ‘Do we deserve to live in this poor condition?’ We are living in fear. They killed my innocent husband. They might kill us for not signing a compromise. I only want justice for my husband,” Bano said.
Also Read: The Struggles of Widows of Men Who Died in Custody in Uttar Pradesh
She alleged that her in-laws have been receiving death threats from the start. She demands a job from the administration to compensate for her husband’s murder. “I want to give a good education to my children and take care of my in-laws. I want to be independent for them.”
Munawwar is struggling for the survival of his family. Calamities are no stranger to him – he lost his elder son and now another of his sons met with a brutal accident while searching for livelihood. Bedridden, his voice cracked as he narrated his situation.
“Israel used to run the family. We are very poor now. We get food for the morning and have no hopes for the evening,” he said, adding that his son was innocent and there are no criminal records in his family’s history.
He alleged that his family was put under political pressure to take their complaint back. “I would prefer dying to compromising in this situation. I only want justice for my son and his children.”
Munawwar Khan and Israel’s four children. Photo: Huneza Khan.
Guna superintendent of police Rakesh Sagar told The Wire that an FIR was registered in the case but the accused have not been arrested due to some new facts coming to light.
“They have accepted in the inquiry report that the man died in police custody. The CSP [chief superintendent of police] was investigating the case, but as per the directions of the inquiry report, we have handed over the diary to SDPO [Sub-Divisional Police Officer],” Sagar said.
He added that the proper investigation is done when a case is registered to ascertain whether the accused committed the crime or not. “The report was released recently. We will try to wind up the case soon.”
SDPO Vivek Asthana said that the FIR was registered before the magisterial inquiry report, which lies with the superintendent of police.
“The diary was handed over to me recently. We are investigating the case and even took statements from key witnesses a few days back. The witnesses haven’t informed me about any threats. If there is any such thing, then they may register a separate FIR with the Cantt police station,” Asthana told The Wire.
“The CSP investigated the case and registered an FIR, and the case was handed over to me later. We will try to resolve it as soon as possible,” he added.
Delaying an FIR is criminal neglect: Ex-bureaucrat
Ex-bureaucrat Swaran Ram Darapuri said that an immediate FIR is mandatory in the case of custodial killing, which was not done in a timely manner in Israel’s case. He added that delaying this is a violation of the Human Rights Commission and Supreme Court’s orders.
“It is criminal neglect to delay the FIR for three months. The supervising authorities should also be held liable along with the perpetrators, as they are responsible for the jurisdiction within their area,” Darapuri said.
He added that the threats against family and witnesses are obvious.
“The state must ensure that there should not be any undue pressure or threats against them. Those who are accused are not enough, because nothing goes without the knowledge of the SHO. He should also be named in the FIR, but it is clear that they are trying to protect him. The state is also responsible for compensating the deceased’s family,” Darapuri concluded.