Fact-finding report claims ‘crucial procedural lapses’ in Channagiri custodial death : Valley Vision

A fact-finding report on a custodial death in Channagiri, a town in Karnataka’s Davanagere district, claims that there were “crucial procedural lapses” in arrest and documentation by local police. These lapses undermined the victim’s constitutional protections, the report stated.

In a press conference held in Press Club Bangalore on 30 August, the fact-finding team demanded a comprehensive compensation package for the deceased’s family, including immediate financial aid, educational assistance for his children, and employment opportunities for his spouse.

On 24 May 2024, a Muslim local, Adil, died in police custody after being detained on gambling charges. His family was unaware of the death until the post-mortem was finished.

The death sparked large protests outside the police station, where crowds demonstrated in protest against suspected police brutality. A few people in the crowd threw stones at police and vehicles. In response, 6 FIRs were filed against 300 people for unlawful assembly, rioting, and causing harm. 47 people were arbitrarily arrested as per the fact-finding team’s investigation. The CID took over the investigation into the custodial death.

The joint report by All India Lawyers Association for Justice (AILAJ), Association for the Protection of Civil Rights (APCR), Bahutva Karnataka, and People’s Union for Civil Liberties Karnataka (PUCL) also demand an investigation into the adherence to due process in the mass arrests that followed, the quashing of proceedings against protestors, and legal and financial redress for affected families in Channagiri.

District Secretary, APCR Davangere Nizamuddin, pointed out glaring gaps in the facts regarding the time of the arrest and subsequent death. The family of the deceased was unaware of the reasons behind his arrest and was left without answers until late into the night. The lack of CCTV footage inside the police station, where Adil was detained, worsened the situation, leaving many questions unanswered.

This incident caused widespread fear, pushing some residents of Channagiri to leave the area. 

Ameya Bokil, a member of AILAJ, spoke about the offence for which the deceased was arrested as non-cognizable, meaning that an arrest should not have been made in the first place, without a warrant. The police station lacked CCTV cameras, violating a Supreme Court order that mandates CCTV coverage in all corners of police stations. Moreover, the necessary procedures for handling a custodial death, such as conducting a magisterial inquest, were also not followed.

“Though the death was reported as an unnatural death, we are unsure as to whether the death was caused by health issues or by police intimidation. Despite three months having passed since the incident, no FIR has been filed, and the exact cause of death remains under investigation”, he said.

Kishor Govinda from PUCL recounted the events following the arrest about how nearly 2,000 people gathered at the police station in the days following the incident, seeking information about what had happened. The police arrested 47 people, many of whom were not even present in the area at the time, as relayed by their family members. Interviews with the families of those arrested revealed the arbitrary nature of these detentions. Some families were not even aware of their relatives’ arrests. They also told the fact-finding team that some of the arrested were beaten brutally in custody. Many of the detained hail from poor and economically backward households and were the sole breadwinners, and hence their families were very adversely impacted after their arrest. 

“We also demand a speedy, fair and transparent investigation regarding Adil’s arrest and subsequent death. This is because whether Adil died due to custodial torture or his health condition, he died in police custody,” PUCL’s Aishwarya Ravikumar added.