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In cases of custodial deaths, the police usually exert all kinds of pressure on the victim's family and also try to give them inducements. In some cases, it has also been seen that the families of the victims make settlements with the police. But these settlements are often out of helplessness after the death of a close member.
The Quint brings one such case from Uttar Pradesh's (UP's) Mau district, where in the case of custodial death of a person, the police are facing serious allegations of not taking action against the accused fellow police officers after making settlement with the victim's family and being found guilty in the magisterial investigation.
On 9 September 2019, 35-year-old Okesh Yadav died during police custody in Ghosi Kotwali of Mau district. Okesh was arrested on 7 September on the charge of battery theft.
Surprisingly, neither a First Information Report (FIR) was registered against Okesh nor did the police register any entry for his arrest in the police station.
According to the deceased's uncle Rikhai Yadav, Okesh used to work on farms and mostly stayed at home. On the morning of 7 September 2019, he got the information that some people had taken his nephew Okesh to the neighbouring Hajipur village on charges of stealing the battery of Raghunath Yadav, who lives in the neighborhood. People said that Okesh and Yogesh Rajbhar of Manikpur village were involved in the theft.
Yogesh confessed to the theft and also took the name of Okesh. During this, apart from Raghunath's sons, Achchelal Yadav, a resident of Hajipur village, was also present there, who was the watchman of the village at that time.
What Is the Justification for a CO Investigating Battery Theft?
In a viral video from the day of the incident, it can be seen that along with Achchelal Yadav, many people are standing there surrounded by Okesh and Yogesh. Yogesh is claiming that he along with Okesh stole the battery. However, Okesh continued to deny these allegations.
He also slapped Yogesh angrily. During this, Yogesh asked Achchelal Yadav for permission to leave his hand and as soon as he got the permission, he started beating Okesh. It is seen in the video that Yogesh slammed Okesh once or twice.
Okesh's Uncle Rikhai Yadav told The Quint that though the theft took place in Tilai Khurd village, Okesh was taken to Hajipur. "Had Okesh been a thief, Yogesh would have taken his name? Or hit him? Yogesh did all this at the behest of Achchelal Yadav. When the theft took place in Tilai Khurd village, what was the point of taking it to Hajipur village?"
"We came back with Okesh, there was a discussion of a settlement, that Achchelal Yadav (then-watchman) said that there will be no settlement. He said he had called CO Shweta Ashutosh Ojha," he said.
"The talk was going on that by then the CO had come. The CO informed the police station, the police came from the police station and the CO sent OKesh to the police station. After all, what was the point of calling the CO directly?"Rikhai Yadav (Uncle of Okesh)
Police Registered FIR Against Deceased To Save Himself
The uncle of the deceased alleged that Achchelal Yadav had conspired with Raghunath. He had no dispute with Achchelal. However, there was a land dispute with Raghunath, and Achchelal was a close friend of Raghunath. That is why Raghunath made a false allegation of battery theft. His entire family has never been accused of theft till date.
He went to the police station to rescue Okesh, but officer Neeraj Pathak used to say that the CO has ordered his arrest, he will be able to leave only after talking to the CO. Otherwise she would question them for letting Okesh go.
It was claimed that during the two days that Okesh was in custody, the accusing party was also ready to settle but still the police did not spare Okesh.
Meanwhile, on the morning of 9 September, news came that after Okesh's health deteriorated, he was admitted to the hospital, where he died. However, the post-mortem report revealed that the reason for the death of Okesh was 'ante-mortem head injury.'
He was hit on the back of his head, due to which a blood clot had accumulated. It is alleged that in order to hide their mistake, the police tried their best to keep themselves safe in this case by ridiculing the guidelines of National Human Rights Commission of India (NHRC).
After the death of Okesh, the police registered an FIR against him for battery theft. Upon the request of Okesh's uncle, another FIR against Achehelal Yadav was also registered by the police. In which the section of culpable homicide was imposed against him, and others for beating up Okesh.
Why Was Okesh Not Released After Initiation for Reconciliation?
After Okesh's death, the local people protested. People alleged that the main culprit in the death of Okesh was CO Shweta Ashutosh Ojha. People said that when both the parties wanted to reconcile, Okesh was not released after a written conciliation. The police officer kept on saying that he cannot leave him until the CO agreed to.
Citing the CO, they tortured Okesh badly in the night as well. Some people also made serious allegations of extortion of money through such cases against the CO. But no action was taken against the CO. Under pressure, the district administration transferred the CO.
In the case of custodial death of 35-year-old Okesh Yadav, the police are facing serious allegations of extortion of money. But even after a lapse of more than two years in the case of beating on the charge of alleged theft and an arrest without FIR or even without GD entry, justice has not been served till date. The FIR that should have been filed two years ago on the police, has not been filed even after being found guilty in the magisterial inquiry.
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