Ambasamuthiram

Context of Torture                                                               

Victims were arrested in connection with an FIR registered at Ambasamudram Police Station. The Victims were brought to Ambasamudram police station. There they were subjected to Brutal Torture led by Mr. Balveer Singh, an Indian Police Service Rank officer, acting in capacity of Assistant Superintendent of Police (ASP). Mr. Balveer Singh instructed the Police officers of Ambasamudram to turn off the CCTV cameras which were installed in accordance to the guidelines in Parimvir Singh Saini Case (which was a result of Strategic Legal Intervention by the People’s Watch before Supreme Court).

The ASP himself, had used stones and pliers. He had forced the victims to open their mouth, stuffed their mouth with stones, and then used his hands to hit them hard on their cheeks. Several police personnel had assisted the ASP in carrying out this torture mission and they all had also beaten the victims with lathis.

After torturing the victims, they were taken to the Government Hospital at Ambasamudram and there, without proper examination of the victims, the doctors conspired with the police and provided false medical fitness certificates for remanding the victims. Further, the victims were also taken to the Judicial Magistrate, Cheranmahadevi since the jurisdictional Judicial Magistrate, Ambasamudram was on leave that day where the victims with faces, mouths swollen, and bleeding in the mouth, were said to have presented before the Judicial Magistrate for remand. But without proper examination, and following due procedure, and without the remand Advocate of the District Legal Services Authority being informed in advance about their remand, and produced them before the Judicial Magistrate. They are subsequently remanded to judicial custody.

Type of Torture

On 10.03.2023, Mr. Balveer Singh I.P.S., the ASP had come into the hall, saw the arrested victims in FIR Nos 49/2023 and 65/2023 of the Ambasamudram and VK Puram police stations respectively, and asked them to take off their clothes, ordered them to stand with underwear, and left. After about 10 minutes Mr. Balveersingh IPS, the ASP changed his clothes inside the police station and came wearing a gray Colour T-shirt, a cement Colour shorts, and white gloves on both his hands, came to the hall at the Ambasamudram Police Station. Then the ASP along with the other police personnel dragged in five minutes interval each of the arrested victims one by one into the room, that was opposite to the hall at the Ambasamudram Police Station.

The ASP himself, had used stones and pliers. He had forced the victims to open their mouth, stuffed their mouth with stones, and then used his hands to hit them hard on their cheeks. If the victim refused to open their mouth, then the ASP hit their lips using stones and after they opened their mouth with unbearable pain, he rubbed the teeth and gum using the same stones. He also hit the teeth with stones, broken the teeth, and used pliers to pluck their teeth. Several police personnel had assisted the ASP in carrying out this torture mission and they all had also beaten the victims with lathis and minor boys were also amongst the victims.

The victims were then asked to clean the room where this torture had taken place which was fully stained with blood from the injuries caused.

Perpetrators

ASP Balveer Singh, Inspect Rajakumari, SI Abraham Joseph, HC Sudalai, SBCID Rajkumar, Gunman Sadam, Drive Andrews, SBCID Bazeer, SBCID Thivasha Shiek Barid, SBCID Padmanaban and Constable Essaki.

Physical and Psychological Effects

The victims suffered Abdominal pain, liver abscess and enamel fracture of the upper central Incisor tooth. Their faces and mouths were swollen, there was bleeding in the mouths.

Description of assistance to be provided

• Medical Assistance to the torture victims
• Representation was sent to Superintendent of Police and other high officials to seek immediate action.
• Intervention before Judicial Magistrate seeking registration of the First Information Report.
• Representations to preserve the CCTV footage (basing on the guidelines obtained through our Strategic Litigation in the case Parimvir Singh Saini which was mentioned in a case study),
• Intervention in the Bail applications filed by the preparators,
• Intervention before the inquiry commission,
• Writ Petitions in Madurai Bench of Madras High court seeking:
• Inquiry report[i]
• Compensation[ii],
• Issue a direction to complete the investigation and to seek CCTV camera footage relating to the custodial torture[iii].
• Seeking direction to file a final report.[iv]
• Complaint was filed before National Human Rights Commission, which registered in case No 816/22/37/2023.
• Complaints were filed and the victims were provided assistance and were constantly kept under watch due to the threat they faced from the perpetrators. An FIR in crime No.4/2023 was registered against the perpetrators and the case is still pending investigation before the CBCID Tirunelveli branch.
• The victims were produced and they deposed before the high-level enquiry officer Ms. P. Amudha IAS appointed by the Government to probe the case and also before the PSO inquiry conducted by the Sub Collector Cheranmahadevi.

• A detailed memorandum was filed before the high-level enquiry officer Ms. P. Amudha IAS and Advocate Mr. Henri Tiphagne had also deposed before her. The inquiry report is being kept without the reach of the victims and the public the accused being an IPS officer is being protected by the government and he is not arrested even till today.