Son dies in custody, mother protests outside: Questions raised in police investigation

Shree Krishna BK was found hanging inside the police custody in Khurkot on April 20. The victim's family and Dalit rights activists are saying that this cannot be concluded as a mere 'suicide'.

Jestha 7, 2083

Shikha Shrestha

Son dies in custody, mother protests outside: Questions raised in police investigation

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The body of 23-year-old Shree Krishna Bik has been kept in the morgue of the Tribhuvan University Teaching Hospital for a month. Outside, on the road of Maitighar Mandal, his mother Bindamaya is sitting on a daily dharna demanding justice.

She has refused to accept the body after her son died in police custody. 'I will not accept the body until there is a fair investigation, action against the guilty and justice is ensured,' she says.

Shree Krishna, who was arrested on the basis of a complaint from the girl's side after running away and marrying, was found hanging in the police custody in Khurkot, Sindhuli on Baisakh 7. But the family and Dalit rights activists are saying that it cannot be concluded as a 'suicide'.

The victim's family is demanding a fair investigation into the death, compensation, and action against the guilty. 'The husband also passed away, now the son who earned and fed him has been killed. Whose support do we have now?' says Bindamaya.

The permanent home of the BK family is Jumlidanda, Sunkoshi Rural Municipality-3, Sindhuli. Shree Krishna is the youngest son of Bindamaya among the five children. Shree Krishna, who lives in Lalitpur, was in a love relationship with a girl living in the same area. After a three-year relationship, they eloped and got married, according to mother Bindamaya.

Initially, on Chaitra 30, the girl's brother filed a complaint with the Satdobato Police Circle in Lalitpur, saying that his sister was missing. On Baisakh 30, the police called both the families for a reconciliation. However, since the girl was only 16 years old, the girl's family filed a rape complaint, saying that they would file a case of child marriage.

On Baisakh 40, Shree Krishna was taken to the Area Police Office in Khurkot, Sindhuli in the morning. The family of the deceased says that they were not given this information. However, Satdobato Police Chief DSP Purnima Chand claims that the family is aware that Shree Krishna was sent to Khurkot in coordination with Lalitpur and Sindhuli police.

'It is a mistake for the Satdobato police to register a case of rape against a person who had gone to the house voluntarily, it is the fault of the Khurkot police, the CDIO,' says mother Bindamaya, 'No one who makes a mistake should be spared, whether it is me or someone else? The culprit must be dealt with sternly.'

The deceased's sister Nirmala Bishwakarma says that even though the police called her at 10 am the next day at the Satdobato Police Office, they had already taken her brother to Khurkot by 8 am. 'We did not know. We went to Satdobato police station and waited, but they did not give us any information,' she said, 'They told us that my brother had been taken to Khurkot post only at 3 pm.'

Why was Srikrishna not investigated while staying in Satdobato? DSP Chand says that he was sent to Khurkot with a missile based on the latest incident. The district court had extended Srikrishna's remand for seven days to be investigated by keeping him in custody in Khurkot. However, he died in custody during the investigation.

Son dies in custody, mother protests outside: Questions raised in police investigation

Sindhuli police spokesperson Suryapak Subedi said that Srikrishna was found hanging in the toilet of the detention center. However, the victim's side is expressing doubts that the police did not show the CCTV footage to find out the truth inside the detention center.

According to the deceased's mother Bindamaya, the police had said that they would go to Sindhuli and show the CCTV footage even after the incident. But Bindamaya says that the police and the Chief District Officer informed her that there was no CCTV footage. She said that they all pressured her to find the body.

The police, however, have stated that the footage is not available, citing 'technical reasons'. Meanwhile, the National Dalit Commission has also urged the government to conduct an impartial investigation and make the truth public, stating that it has drawn serious attention to the incident.

In fact, it is not only Shree Krishna who lost his life in police custody; according to the Prison Management Department, 37 prisoners and detainees have committed 'suicide' in prison so far. Police headquarters has data showing that 27 people committed suicide in police custody alone in the last 10 years during the investigation.

Dalit rights activist JB Bishwakarma says that the state has not facilitated the judicial process. He alleges that the government is insensitive to justice for Dalits. 'The state should have provided the most support in the judicial process.' But the fact that the state is only drawing attention after such a big movement is a sign that the state is not yet sensitive to the justice of Dalits,' he said, 'It seems that the government is also trying to normalize the discrimination and atrocities against Dalits. As a result, the victims are becoming more and more victims.'

Bishwakarma says that the state structure needs to change its approach to the Dalit community. 'Especially the law enforcement agencies, especially the Nepal Police, should take such issues seriously. Such incidents can be reduced to some extent if studies, sensitivity and commitment can be increased on this issue,' he said.

The report found the police irresponsible

Shree Krishna, who was in police custody due to an inter-caste love affair, was found dead on the third day of his detention. The family is demanding that his death not be limited to suicide. The family says that Shree Krishna died after being accused of child marriage and rape due to his love for a non-Dalit girl.

The girl's family initially filed a complaint with the Satdobato police station claiming that her daughter was missing, but the complaint was changed to child marriage and rape. Dalit rights activists have been calling it a result of inter-caste relations.

The family, Dalit rights activists and ruling party MPs took to the streets, saying that the death was suspicious. Federal MPs Khagendra Sunar, Rima Bishwakarma, Sushma Swarnakar, Ashish Gajurel and others sat on a dharna at the main gate of the District Administration Office Sindhuli. After all-out pressure, the Nepal Police formed a five-member investigation committee led by DIG Dinesh Acharya.

The report made public by the same committee has mentioned that the police were irresponsible. Although the committee report did not find evidence of physical or mental torture in custody, it has been concluded that the 'Detention Management Guidelines 2081' were completely violated.

The report states that the cause of death was suicide based on the postmortem report and circumstantial evidence. However, the report states that a dedicated security personnel were not assigned to monitor the detainees, alternative arrangements were not made while the Custody Management Officer was on leave, and regular monitoring of the detainees was not carried out for a long time. Similarly, the report also points out the unavailability of CCTV footage as a serious weakness.

The report also states that the relatives of the deceased have further doubts about the incident due to the unavailability of CCTV footage. The investigation committee has also recommended departmental action against Area Police Office Khurkot Chief Police Inspector Basanta Bahadur Bhujel. Action has also been recommended against Sentry Arjun Singh for negligence on duty. Duty Officer Bal Bahadur Majhi, Subedar Major Police Assistant Inspector Daulat Bikram Joshi, Police Assistant Inspector Ram Kaji Karki, Guard Commander Rajkumar Upreti and Police Constable Arun Kumar Shrestha, who is in CCTV monitoring, have been warned and asked to be removed from their responsibilities immediately. The

report has also raised questions about the role of the Satdobato Police Circle. Attention has been drawn to the fact that sensitive issues related to inter-caste love relationships and minors were sent elsewhere without taking them seriously when they needed to be investigated immediately at the same place. Similarly, the committee has suggested improving the supervision system, noting that the District Police Chief of Sindhuli inspects only twice a year. The

investigation committee has also suggested making the 'Dalit Cell' within the police as resourceful and reliable as the Women and Children Service Center to prevent such incidents from recurring in the future. It has also been suggested to improve the risky structures of the detention cells, install 24-hour CCTV surveillance, and limit sentry duty to a maximum of three hours at a time.

Shikha

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