Police habits don’t change despite court judgements: Odisha HC

CUTTACK: In a scathing indictment of the Odisha police in cases of custodial deaths, the Orissa High Court has observed that several judgements by the court in such matters have failed to bring about a change in the ‘habits’ of police.

A division bench of Chief Justice S Muralidhar and Justice M S Raman on Wednesday made the stinging observation while admitting that the legal system had completely failed in the case of Pidera Kadaiska from the Kandha tribe, a particularly vulnerable tribal group (PVTG), who died in police custody 13 years ago.

The bench stated, “Although there have been numerous instances of custodial deaths which have been dealt with by this court from time to time, it is as if those judgements have not persuaded the police to change their habits.”

The court directed payment of Rs 10 lakh compensation in the case to the victim’s wife Maria Kadaisma, who had approached the high court in 2010 seeking justice. Pidera of  Gerengaguda village in Rayagada district was arrested on June 1, 2010 on charges of being a Maoist. He was in custody of CRPF and later state police till his death on June 3 that year.

The bench said, “It is not a mere coincidence that the deceased tribal person who was tortured to death while in custody after being labelled a Maoist with not even an iota of evidence belonged to the poorer sections of the society. He had no one to represent his interests or to give him legal assistance while in custody. The legal system appears to have completely failed him.”

‘A tribal person with no means of survival and in search of firewood armed with just country made weapon used for hunting birds and animals was ‘caught’ by the CRPF SOG on the presumption that he belonged to the CPI (Maoist) cadre. Except the FIR enclosed with the counter affidavit and the version of the police, there is nothing which persuades the court to conclude that there was sufficient material with the police to infer that the petitioner’s husband belonged to the CPI (Maoist) group or that he was indulging in criminal activities, the bench ruled.

The court directed the CRPF and Odisha Police to pay compensation of `5 lakh each to Maria Kadaisma within a period of eight weeks, failing which the amount would be payable along with six per cent simple interest for the period of delay.

The court also observed that the medical report submitted on the death of Pidera attempted to help the state authorities, CRPF and police. “The court would urge the authorities whose control and jurisdiction such government doctors have operated to institute a proper inquiry into such conduct and take to its logical conclusion,” the bench recommended in its order.