Thiruvananthapuram: Chief Minister Pinarayi Vijayan has ordered a judicial probe into the custodial death of Raj Kumar in Nedumkandam police station. Retired Justice Narayana Kurup will head the Commission. “We have asked the judicial commission to submit its report within six months,” the chief minister told reporters after a post-cabinet briefing here on Friday.

A judicial commission was a demand the opposition UDF had raised twice in the Assembly. On July 4, opposition leader Ramesh Chennithala had even dared the chief minister to declare a judicial probe. “In 2015, when I was home minister, I had ordered a judicial probe into allegations of custodial torture. I challenge the chief minister to do the same,” Chennithala said.

The demand was first raised by Chennithala and Congress leaders like V D Satheesan on July 2. It was argued that it would be improper to let the police investigate a crime committed by the police. Pinarayi Vijayan had then sought a clarification from Chennithala. “Won't a judicial probe delay the investigation,” he had asked. Chennithala and other opposition leaders said that the police probe should go on simultaneously.

On Friday, the chief minister was asked why he did not seem open to a judicial probe in the Assembly. “I wanted to know whether the Opposition wanted a judicial commission first and only then a police probe. But they made it clear that the judicial probe should go alongside the police probe. I wanted to hear this from them before announcing a judicial probe,” the chief minister said.

Pinarayi Vijayan said that only a judicial probe could look into the various aspects of custodial deaths and suggest remedial measures. “How it happened, what led to this, what were the circumstances that obtained at the time of such a crime, and how to prevent this in future. Recommendations of such nature can be provided only by a judicial commission,” the chief minister said. “There will be no recommendations in a police probe, there will only be action. The police themselves will take action as and when the probe progresses,” Pinarayi said.

Contrary to power minister M M Mani's clean chit to the Idukki SP, the chief minister said that various complaints had come up against the SP. “These are being looked into,” he said. Inside the Assembly, too, the chief minister had made it clear that Idukki SP K B Venugopal was accountable for what had happened. The SP's stand was that he had no knowledge of Raj Kumar's custody. “If someone was in illegal detention for some days, the police chief in the district should have been aware of this,” the chief minister had said in the Assembly.

The chief minister reiterated that criminal elements in the police would be weeded out. “The LDF government had taken timely action against guilty policemen. Those with a criminal record were treated without mercy. Many were removed from service and some were terminated,” the chief minister said.

When he was asked why A V George who was accused in Sreejith's custodial death was given promotion as Kozhikode city commissioner, the chief minister said: “The Home Department will not allow itself to be used as a pawn by others to settle scores. Whoever has done something wrong will not be spared. But we will also not crucify officers who had functioned in the proper manner.”

The chief minister also ruled out a CBI probe. “We don't see the need for such a probe now as the police investigation has been effective. Already two people have been arrested. I have also assured the family of Raj Kumar of a fair probe, and they were fully convinced,” he said.

Kumar was tortured for three days: Crime Branch

A Crime Branch report has confirmed that financier Kumar was subjected to extreme brutality after his arrest on June 12. Earlier, his autopsy report had stated that he was subjected to the notorious custodial torture known locally as 'uruttal' which is practised by rolling a heavy wooden log over a person.

Sub-inspector K.M. Sabu, police driver and civil police officer Sajeev Antony, and two other officers tortured him, said Johnson Joseph, DSP (Crime Branch), in his report before the first-class judicial magistrate court in Nedumkandam.

The report warned that the accused would try to intimidate witnesses and the next of kin of Kumar if they are let out on bail.

Key findings

The report says Kumar was kept in custody and tortured From June 12 till 15. The policemen, who knew well that physical assault could cause death, did not hesitate to inflict injuries.

The report says the cops used third-degree torture on his limbs, making it difficult for Kumar to walk and move about. There were other bruise marks and contusions on the body. These contusions caused pneumonia and delayed treatment aggravated his condition.

SI Sabu did not prevent his subordinates from taking law into their hands. He also joined the assaulters.

The report said Kumar was assaulted on the first floor of the police station and in the jeep.

The police registered Kumar’s arrest only on June 15. He was taken to the hospital and then to the Peerumade sub-jail on June 16. He was taken to the hospital on 19 and 20 as he became too weak.

The report adds that the policemen manipulated the police station records and entries.

Autopsy report

In all 14 wounds and seven bruises were found on Kumar’s body, and four of his rib bones were broken, as per the autopsy report made available earlier. This report also said that pneumonia was the cause of the death. The forensic experts had earlier explained that the brutal assault coupled with starvation led to pneumonia.

The skin on his legs had worn off. Fingers on his legs, hands and even lower lips had injuries.

The autopsy report also pointed out that Kumar was forcefully banged at some place. Four unnatural bruises were found from thighs to the foot. Most of the injuries were below the knee.

The forensic experts said that blunt objects could have been used for the assault. The autopsy report also support the allegation that Kumar was not even given water to drink.