Custodial death case referred to HC full bench

Kochi, Sep 13 (UNI) Expressing shock over incidence of custodial deaths, a single judge bench of the Kerala High Court today referred to the full bench a petition filed by a woman, seeking a CBI inquiry into the death of her son in lock up on September 27, 2005.

Mr Justice V Ramkumar, referring the petition filed by Ms J Prabhavathiamma of Thiruvananthapuram to the full bench, observed ''that custodial torture of helpless and defenceless captives arrested by the custodians of law, who turn out to be perpetrators of crime, was the most barbarous and savage degeneration of a civilised society.'' The Court said ''it is shocking to realise that police lock ups in the country turn out to be death chambers.'' Pointing out the facts and circumstances of the case, the court said ''I have no hesitation to hold that this is pre-eminently a fit case for entrusting investigation with the CBI and it is not too late to hand over the investigation to the CBI for the purpose of further investigation so that justice will not be a casualty.'' The petition was filed by the mother of one Udayakumar, consequent to key prosecution witnessses turning hostile during trial of the case before the Additional Sessions Court, Thiruvananthapuram. The petitioner also sought a direction to remove from service those police constables who turned hostile during trial and a direction to the trial court to take action against them for perjury.

UNI