The Munsiff-magistrate of Idukki 'committed' procedural lapses while remanding an accused, who died on June 21 due to alleged custodial torture, an inquiry ordered by the Kerala High Court has found.
The report of the Chief Judicial Magistrate (CJM), Thodupuzha, submitted to the high court, was obtained from the high court registry by RTI activist and lawyer D B Binu under the Right to Information (RTI) Act.
Rajkumar (49) was taken into custody on June 12 in connection with a financial fraud case and died on June 21 in Peermedu sub-jail allegedly due to custodial torture by police personnel at the Nedumkandam police station.
The Kerala government which initially ordered a judicial probe had last week decided to transfer the case to CBI.
According to the report of the CJM, the arrest of Rajkumar was recorded at 9.30 pm on June 15 but he was produced before the Munsiff-magistrate of Idukki at 10.40 pm on June 16 beyond the statutory 24 hour limit.
"Magistrate has neither noticed nor noted (in the remand order) that the accused was not produced within 24 hours," the report said.
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Noting that the magistrate had seen the accused seated inside a vehicle in front of her residence, it said she asserted she herself had verified the identification marks of the accused. One of such mark was on chest.
"It is difficult to believe that the lady Magistrate herself had verified it, while the accused was sitting inside the vehicle," the report added.