Custodial death: A mother’s long fight for justice

Of the several cases of custodial torture and deaths reported in Kerala, the Udayakumar case that took place in Thiruvananthapuram in 2005 stands out, due to the 13-year-long fight by the victim’s aged mother to get justice. The relentless crusade of Prabhavathi, over 70 years old now, resulted in the conviction of five police officials, including the death penalty for two. Her story was also depicted in the Marathi film ‘Mai Ghat: Crime No. 103/2005’.

The incident took place at the Fort police station in Thiruvananthapuram city. Udayakumar, who was then 27, was resting at a park in the city along with his friend Suresh Kumar.

Also Read | Police brutality: No functioning redressal system

A police team took the two into custody on suspicion of robbery, as Suresh had some cases pending. The police found Rs 4,000 with Udayakumar, which they accused him of stealing. Despite the fact that Udayakumar had no criminal record, the police subjected him to third-degree torture.

He succumbed to the internal injuries caused by the torture.

Also Read | Cops in Mumbai reinstated despite encounter allegations

Despite several attempts to sabotage the investigation into the case, the police crime branch filed a charge sheet against the accused in 2006. However, during the trial, several witnesses turned hostile.

Subsequently, Udayakumar’s mother Prabhavathi, who was around 60 then, approached the Kerala High Court for a CBI probe. CBI took over the case in 2008.

Also Read | Torture is a common tool Karnataka police wields

On July 25, 2018, the CBI special court in Thiruvananthapuram awarded capital punishment to the first accused K Jithakumar and the second accused S V Sreekumar, who were then police constables. Then Fort assistant commissioner T K Haridas, then circle inspector E K Sabu and then sub-inspector Ajith Kumar were awarded three-year imprisonment for charges including perjury.

Prabhavathi is now waiting for the execution of the verdict. The appeal filed by the convicts is now pending before the High Court. “But for the relentless fight by Prabhavathi, the accused could have easily sabotaged the investigation,” recollects her brother Mohanan.