annual report print final.qxd - Asian Centre for Human Rights

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