annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
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INDIA HUMAN RIGHTS REPORT 2005 Orissa<br />
following public protest. 8 On 9 August<br />
2004, the Orissa High Court directed the<br />
Superintendent of Police of Angul to file a<br />
<strong>report</strong>. 9<br />
On 15 September 2004, one Nandu<br />
Badaik, a murder suspect, died in the<br />
custody of the Biramitrapur police station<br />
in Sundergarh district. He was picked up<br />
along with a truck driver, Arjun Xalxo <strong>for</strong><br />
interrogation after the dead body of their<br />
truck cleaner, Rama Xalxo, was recovered<br />
on 12 September 2004. The truck cleaner<br />
bore injuries on different parts of his body.<br />
The police claimed that while being<br />
interrogated at the Biramitrapur police<br />
station, Nandu Badaik developed<br />
uneasiness and fainted. He was<br />
immediately rushed to a nearby private<br />
nursing home and later shifted to a<br />
government hospital at Rourkela, where he<br />
succumbed to his illness. 10 But according<br />
to statements of Bimala, wife of Arjun<br />
Xalxo alias Raju Sonani, and Raju’s<br />
nephew, when they had gone in the night<br />
to the police station to offer dinner, they<br />
saw police officials severely thrashing<br />
Nandu. 11 The state government ordered a<br />
judicial inquiry into the alleged custodial<br />
death of Nandu. 12<br />
On 10 May 2004, the Orissa High<br />
Court ordered a judicial inquiry by retired<br />
High Court judge C R Pal into the<br />
custodial death of one Pitambar Pradhan<br />
of Bhakuda village under Balichandra<br />
police station of Jajpur district. The<br />
deceased’s widow, Ahalya Pradhan had<br />
petitioned the High Court following<br />
closure of the case by the police as suicide.<br />
The deceased was arrested by Mahanga<br />
police on 29 January 2003 <strong>for</strong> his alleged<br />
involvement in some crimes. He died in<br />
the police custody on 30 January 2003. On<br />
the next day i.e. 1 February 2004, the<br />
deceased’s wife Ahalya Pradhan was<br />
asked by the Officer-in-Charge of Salipur<br />
and circle inspector to come to Mahanga<br />
police station <strong>for</strong> the bail of her husband.<br />
However, when she went there<br />
accompanied by one Sudhir Mishra, she<br />
found her husband dead. She alleged that<br />
after taking her signature on a blank paper,<br />
her husband’s body was sent <strong>for</strong> autopsy.<br />
But instead of handing over the body to the<br />
family after the autopsy, the police<br />
allegedly cremated it without the family’s<br />
prior consent. 13 While police claimed that<br />
Pitambar had committed suicide by<br />
hanging himself with his shirt, Ahalya<br />
alleged that her husband was tortured to<br />
death and ef<strong>for</strong>ts were being made to<br />
suppress facts. Earlier, the case had been<br />
closed after the police, backed by postmortem<br />
<strong>report</strong> and <strong>for</strong>ensic <strong>report</strong>,<br />
dismissed the case as a suicide. 14<br />
ii. Arbitrary arrest, detention and<br />
torture<br />
Arbitrary arrest, detention and torture<br />
of the suspects and innocent persons are<br />
widespread in Orissa.<br />
On 14 January 2004, the court of the<br />
sub-divisional judicial magistrate (SDJM)<br />
in Cuttack directed the Inspector in charge<br />
of Lalbag police station to appear be<strong>for</strong>e<br />
him to explain how a woman was arrested<br />
in place of a male accused. As per case<br />
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