Report on death in police custody of Shri Anil Pandey
PUCL Muzaffarpur Constituted an enquiry team to enquire into the Custodial
death of Shri Anil Pandey, a resident of Madhaul village under Turki Out
Post (henceforth referred to as O.P.) of Kudhani P.S. of Muzaffarpur District
on 1st June 2001. The team consisted of the following persons: 1. Surendra
Kumar, General Secretary, PUCL Muzaffarpur; 2. Dr. Anil Kumar, 'Arun',
Member, Executive Committee, PUCL Muzaffarpur; 3. Prem Kumar Shrivastava,
Member, Executive Committee, PUCL Muzaffarpur.
The enquiry team went through the following: 1. Two F.I.R. relating to
incident, 2. Post-mortem Report, 3. News-paper reports, 4. The team visited
Madhaul and met the family members of the deceased Anil Pandey and talked
to other villagers. The team also met shop-keepers of Turki Bazar and
Shivaji Rai, a local Doctor. The members of the team met Shri Ashok Kumar,
Officer Incharge of Turki O.P. in his Chamber.
The details of the incident, according to the FIR - 113/2001 dated 1st
June, 2001 at 22.30 recorded by literate constable Shri Panchdeva Singh
(653) states as the following: Shri Satish Chandra Madhav, officer Incharge,
Turki O.P., accompanied by Lal Babu Prasad, ASI, and other two armed constables
went to arrest the accused of Case No.- 18/2001 of Kudhani (Turki P.O.)
P.S. at 17.00 on 31.5.2001. The officer Incharge with the raiding party
returned to the O.P. at 19.00 hours. He brought Shri Anil Pandey of Madhaul
Village, the accused in the aforesaid case with him. Shri Anil Pandey
was kept in the lock-up. The constable Panchdeva Singh was told by officer
Incharge that during the arrest Anil Pandey sustained some injuries due
to falling and scuffles. Anil Pandey desired to be allowed to pass urine
on way to Turki O.P. He got down before Turki chowk. As soon as he sat
to urinate, he escaped and ran in the western direction. Then they chased
him and shouted for help to capture him. Ten to fifteen persons chased
and captured him. The accused was severely beaten up before we (police)
caught up with him. The accused was taken to Primary Health centre for
treatment. The doctor was not available there. Therefore, after getting
first aid from a local Doctor, Shri Shivaji Raik, the accused was brought
The accused complained of severe pain when the lock-up was opened at 7
a.m. on 1st June, 2001. Shri Arun Kumar Pandey and two other persons were
present at the O.P. at that time. Anil Pandey was brought in their presence
to Dr. Shivaji Rai for Medical checkup, Dr. Rai advised the police to
take him to Sardar Hospital for further medical help. Shri Lal Babu Prasad,
ASI, Shri Arjun Ram ASI, Vishwanth Chaudhary, ASI, Shri Anil Ram, Driver
constable and Genalal Paswan, Chowkidar took Anil Pandey to Sardar Hospital,
Muzaffarpur. There he(Anil Pandey) was declared dead. Shri Arun Kumar
Pandey and three others became furious and carried back the body of Anil
Pandey to Turki O.P. "I (Panchdeva Singh) was the only man present
at the O.P. at that time with an armed constable. A crowd of about hundred
people armed with lathi came to the O.P. The crowd abused me and forcibly
opened the lock-up to put the dead body in it. A Danda was also kept on
the body of Anil Pandey. The men among the crowd kept several bottles
of wine on the tables. I (Panchdeva Singh) was severely beaten with "Lath-Mukka"
by the unruly mob. As a result I along with other Constables sustained
injuries. They threw away records here and there. The mob also damaged
the wireless set. The crowd accused me of helping the officer Incharge
in escaping from the O.P. The unruly mob was bent upon killing me. But,
I (Panchdev Singh) was saved with the help of the armed police present
there. The mob remained in the O.P. campus. Senior officials reached the
O.P. B.D.O. Kudhani prepared the death examination report and the dead
body was sent to S.K.M.C.H., Muzaffarpur for postmortem. The officials
of O.P. did not return to O.P. Therefore, I am registering this statement."
(b) FIR No. 114/2001, dated 1st June, 2001 (22.45 hrs.) (Statement by
Anurag Parimal S/o Anil Pandey, vill.+P.O.- Madhoul)
"Shri Satish Chandra Madhav, officer Incharge, Turki O.P. accompanied
by Shri Lal Babu Parsad and five other constables came to my house at
Madhaul on 31st May, 2001 at 4'o clock in a afternoon. They arrested Anil
Pandey while he was sitting in his house. Anil Pandey wanted to know the
cause of his arrest. Shri Madhav, Officer Incharge became furious and
began to abuse him. There was scuffle between him and the Officer-Incharge.
In the meantime neighbours and villagers, e.g. Ashoka Pandey, Shrikant
Pandey, Nilam Devi, Kumar Pandey, Pankaj Lochan Pandey came and enquired
about the cause of arrest. The Office-Incharge became more furious and
ordered for beating him. Satish Chandra Madhav began to assault my father
after throwing him on the ground with the bun of rifle and boot. Anil
Pandey requested him (Office-Incharge) to allow him to deposit his valuables
with his family. But the Office-Incharge did not allow him and he was
forcibly dragged to the jeep. He was taken to the O.P. I along with Sunil
Pandey and other villagers went to the police outpost. We saw that Satish
Chandra Madhav assisted by Lal Babu Prasad, S.I. were beating my father.
As soon as we protested, he (Office-Incharge) ordered his men to beat
us also. We were forcibly pushed out from the outpost. We ran away due
to fear. We came to Turki O.P. in the morning at 5 a.m. on 1st June, 2001.
We came to know that the police had killed my father Anil Pandey in the
Hazat. His dead body was not there. We went to Sardar Hospital, Muzaffarpur.
We came to know that the dead body had been taken to Turki O.P.I came
back to Turki O.P. and there found the dead body of my father in the Hajat.
The Office-Incharge had left the place."
The application of Anurag Parimal is addressed to S.P., Muzaffarpur and
received by D.S.P.(Head Quarter). Thereafter, FIR had been recorded.
The enquiry team reached Madhaul on the 22nd June, 2001 at 9:00 a.m. The
team visited and talked to the family members of late Anil Pandey. The
team also met several villagers. The villagers who met the team were Ram
Naresh Pandey, Ramjanm Pandey and others. They said that the police went
to the house of late Anil Pandey after leaving the jeep on the road. The
Office-Incharge began to beat late Anil Pandey on the demand of the warrant
of arrest by him. Constables beat him with the butt of their rifles. The
police dragged him to the jeep and took him away to the Police Station.
The villagers followed him. They saw that after bringing Late Anil Pandey
to the Police Station, he was laid down on a platform before the O.P.
The officer Incharge was standing on his chest. Other Constables were
beating him with the buts of their rifles. They were forced to leave the
place when they protested. Sunil Pandey with some other villagers went
at night with food for Anil Pandey. Anil Pandey took little food. He was
talking at that time.
Arun Pandey, Sushil Pandey and other villagers went to Turki O.P. in the
morning between 5 a.m. to 6 a.m. They came to know that Anil Pandey had
been taken to Muzaffarpur for treatment. They went to Sardar Hospital,
Muzaffarpur. They came to know that Anil Pandey was brought there dead.
The dead body had been taken away to Turki O.P. They found the dead body
in the police lock-up on their return. There were no officials including
Office-Incharge at O.P.
Ram Janam Pandey told the enquiry team that the news of the death spread
like a wild fire in the area. Therefore a large number of villagers and
local people assembled near Turki O.P. After a hard struggle and due to
intervention of Shri Basawan Bhagat, the local legislator and Minister
of Bihar Government, the application given by the son of the deceased
was registered as FIR. The SP, Muzaffarpur ordered the suspension of Satish
Chandra Madhav, the Office-Incharge.
According to the villagers a Dalit of the village filed a case against
Anil Pandey, 4 to 5 months ago. The distance between the house of Anil
Pandey and that of the Dalit is 1.5 K.M. Anil Pandey was not an absconder
in this case according to the villagers. No warrant of arrest was issued
against him. He used to attend his duty regularly at RDS College, Muzaffarpur.
He had a betel shop near Malang Sthan on Muzaffarpur-Hazipur main road.
He used to sit there daily. He went to attend his duty on the day of the
arrest also. The villagers told the team that during the re-election of
Panchyat, Satish Chandra Madhav created terror to help a particular candidate.
Due to the terror many voters did not turn up.
According to the villagers on 3rd June 2001, Satish Chandra Madhav, the
suspended Office-Incharge went to dispose of pending work at Kudhani P.S.
The villagers of Madhaul and the local people gheraoed Kudhani P.S. The
people sat on dharna in the premises of Kudhani P.S. with demanding arrest
of Satish Chandra Madhav. The senior officials from Muzaffarpur reached
there keeping in view the gravity of the situation about the incident
of the firing on 11th April, 2001. They arrested Satish Chandra Madhav
and brought him to Muzaffarpur. He was sent to the hospital on the pretext
The enquiry team talked to the shop keepers on Turki Chowk and its surrounding
area. They did not confirm the incident of 31st May, 2001 about the attempt
of escape by any prisoner and his beating by passes by and the local people.
Dr. Shivaji Rai
The clinic of Dr. Shivaji Rai is situated in the southern direction from
Turki Chowk and is in between Turki Chowk and Turki O.P. He denied that
Anil Pandey was brought to his Clinic on 31st May, 2001 for medical check-up.
He was brought there on 1st June 2001. He said that he(Anil Pandey) was
dead. The police was accompanied by Shri Anil Pandey's near relatives.
I told them that in case they had any doubt they might go to Sadar Hospital
Shri Ashok Kumar, Office-Incharge, was present there. He is investigating
officer (I.O.) of both cases. He declined to comment on the incident.
He told the team that he joined O.P. at 10 p.m. on 31st May, 2001 after
the suspension of the then Office-Incharge. He said that all the officials
and men posted there on the day of the incident are either transferred
or suspended. Therefore, the team could not meet any policeman associated
with the incident. He confirmed that no warrant of arrest in the case
of atrocities against a member of the Scheduled Caste was issue against
the deceased by any Court, but the order for his arrest was issued from
the level of the S.P. He pleaded his inability in showing the order. He
confirmed that there were no other cases against late Anil Pandey.
It is to be mentioned here that a meeting of Police Association took place
in the conference room of the S.P. on 5th June, 2001 after the suspension
of Satish Chandra Madhav. At the meeting, it was alleged that Shri Sudharshan
Ram, Dy. SP(HQ) declared the false case of atrocities against Anil Pandey
to be true(in his supervision report) and ordered for his arrest. It was
thus this unwise act of the Dy. SP(HQ), which led to the tragedy. (Daily
Jagran, 6th June, 2001)
The FIR registered by constable Panchdeva Singh, the Postmortem report,
the statements of shopkeepers on Turki Chowk, and Dr. Shivaji Rai throw
sufficient light on the custodial death of Shri Anil Pandey. According
to the FIR of Police:
1. Anil Pandey was allowed to get down to urinate a few hundred yards
It is to be mentioned that the distance of Turki O.P. from that point
is about three hundred yards. It can be covered within a minute. Therefore,
the story of Anil Pandey being allowed to get down there is not believable.
2. The police jeep (Madhaul to Turki O.P.) proceeded in south direction
after arresting Anil Pandey. The jeep, if it was stopped before Turki
O.P., stood on the left side of the road i.e. towards the east. Anil Pandey
would have sat on the east side to urinate. The police was standing at
the back. Therefore, it is not possible for Anil Pandey(according to FIR
No. 113/2001) to flee in the western direction after crossing the road.
3. There is no population on the western side before Turki Chowk. Therefore,
it is not believable that Anil Pandey was beaten by villagers and persons
passing on the road.
4. Ten to fifteen unknown people allegedly caught Anil Pandey and beat
him. It is to be mentioned that the police was with Anil Pandey. It is
surprising that passers-by reached before the police.
5. The affected portion of Anil Pandey would have been his face and head
in case of beating by the mob. But according to the postmortem report
there is no sign of any injury on his face and head.
6. According to the FIR of the police persons from Madhaul village were
also in ten to fifteen unidentified persons who beat Shri Pandey. His
life was saved due to intervention of the police. He was seriously injured
before the police arrived.
It is surprising that the police did not record an FIR about the attempt
to escape from police custody by Anil Pandey and his beating by unidentified
7. According to the police, Anil Pandey, after getting injured was medically
treated by Dr. Shivaji Rai on 31.5.2001, but Dr. Shivaji Rai denied this
before the enquiry team.
8. According to the police following the complaint of severe pain in the
body, Shri Anil Pandey was taken to Dr. Shivaji Rai for check-up in the
morning of 1st June, 2001. Dr. Shivaji Rai advised the police to take
him to the Sardar hospital, Muzaffarpur. But Dr. Shivaji Rai told this
team that when the police brought Anil Pandey with some relatives for
check-up in the morning of 1st June 2001, he was found dead. The police
was not convinced of his finding. So, they took him to the Sadar Hospital,
9. The body of Shri Anil Pandey was expected to be sent to S.K. Medical
College for postmortem after declaration of his death by the doctors of
Sadar Hospital, Muzaffarpur. But the police brought back the dead body
to Turki O.P.
IT is clear that after the death of Anil Pandey, the police was nervous.
Therefore, they brought back his body to Turki O.P.
10. The police registered FIR 113/2001 dated 1st June, 2001 at 10:30 p.m.
in the night. The cause of delay in recording was said to be due to non-availability
of any police officer.
11. The police officials, Sri Arjun Ram ASI, Sri Bishwanath Chaudhary,
ASI and other policemen took Anil Pandey to the Sadar Hospital, Muzaffarpur
in the morning of 1st June, 2001. They had brought back the body of Sri
Anil Pandey to Turki O.P. It is surprising that these officials did not
record the FIR on their return to O.P. where there officials went away?
The FIR registered by police is at 22:30 p.m. Muzaffarpur-Hazipur road
was blocked in protest against the custodial death of Sri Anil Pandey
on June 1st 2001. The S.P., Muzaffarpur and D.M., Muzaffarpur reached
Turki O.P. and found the dead body in the Hajat. The mob was demanding
registering of murder case and arrest of the concerned police officials.
The senior police officials were not ready for this. Sri Basawan Bhagat,
minister, Government of Bihar(Local Legislator) arrived at the scene in
the meantime. The continued protest by the mob and intervention by Sri
Baswan Bhagat led to the registering FIR against the policemen. Therefore,
the police recorded the FIR in its defence in a hurry at 22:30 p.m.
12. Anil Pandey had serious injuries on his back and chest according to
the postmortem report. The blood clotted severely in these parts of the
body. His lever was also found damaged due to beating. The internal parts
of the body was also found damaged. Therefore, large amount of bleeding
took place in the lever and internal parts of the stomach. The postmortem
report states these causes for the death. It is clear that the police
brutally assaulted him with rifles butts and boots on the chest, the abdomen
and that back of Anil Pandey. This caused internal injuries.
13. The time of post-mortem is indicated at 6 p.m. on 1st June, 2001.
It is said that the death occurred before twelve to eighteen hours.
(a) It is very clear that the death of Anil Pandey took place in the night
of 31st May, 2001.
(b) The body was probably sent to S.K. Medical College, Muzaffarpur for
postmortem at 4 p.m. whereas the time for post-mortem was at 6 p.m. It
was possible to sent the body only when the mob became peaceful. So, under
what circumstances the FIR was recorded at 22:30 hrs. and 22.45 hrs.?
The enquiry team after analyzing the two FIRs and the post-mortem report
and talking to the affected family, the villagers of Madhaul, the shopkeepers
of Turki Chowk, Dr. Shivaji Rai, a medical practitioner, reached the following
A police squad under Sri Satish Chandra Madhav, Office-Incharge, Turki
O.P. reached Madhaul at 4 p.m. on 31st May, 2001. The police reached the
house of Anil Pandey, on foot leaving the jeep on the road. Anil Pandey
was arrested from his house(Ref. To FIR No. 18/2001, Kudhani(Turki O.P.)
P.S.. Anil Pandey wanted to know the cause of his arrest and demanded
to see the warrant for arresting him. The police had no warrant to arrest
him. Sri Ashok Kumar, present Incharge of O.P. also confirmed it. Sri
Satish Chandra Madhav, Office-Incharge Turki O.P. lost his temper on the
demand to show a warrant by Anil Pandey. He ordered the constables accompanying
him to beat Sri Anil Pandey. Some relatives and villagers gathered on
hearing the hue and cry. They resisted the beating by the police. This
raised the temper of the Office-Incharge and the other policeman. But
watching the mood of the gathered crowd, they (police) dragged Anil Pandey
to the police jeep and brought him to Turki O.P. Turki O.P. is hardly
7-8 Kms. from Madhaul. It might have taken ten to twelve minutes to reach
Turki O.P. It is unbelievable that Sri Anil Pandey was allowed to get
out of the jeep to urinate by the police at a distance of two or three
minutes before the O.P. The Office-Incharge himself with his men gave
severe blows on the chest and the back of Anil Pandey with the butt of
rifles and boots. The villagers were dispersed from O.P. by using force.
[Sri Satish Chandra Madhav was posted earlier in Hathauri P.S. of Muzaffarpur.
He had created region of terror there. According to people of the area
he used to extort money by falsely implicating people in cases. It is
said that he charged five thousand rupees to an FIR].
Anil Pandey was not brought to Dr. Shivaji Rai for medical check-up in
the evening of 31st May, 2001. Newspapers published photographs of wine
bottles inside the police station. O.P. Incharge and his men might have
beaten Anil Pandey during night after drinking. Anil Pandey died during
the night in police Hajat.
The police were upset when they unlocked the Hajat and found Anil Pandey
dead. The police took Anil Pandey to Dr. Shivaji Rai. He declared him
dead. The nervous police took the dead body to the Sadar Hospital, Muzaffarpur.
The police returned with the dead body of Sri Anil Pandey to Turki O.P.
instead of taking the body to S.K. Medical College, Muzaffarpur for post-mortem.
A few villagers went to Muzaffarpur with the body. The news of the incident
came to the knowledge of local people and the villagers of Madhaul. Muzaffarpur-Hajipur
road was blocked in protest. D.M., Muzaffarpur, S.P., Muzaffarpur, and
other senior officials reached Turki O.P. Due to strong public resistance
and intervention of the local legislator, S.P., Muzaffarpur suspended
Incharge of Turki O.P. and ordered for registering FIR against him. The
police in defence registered a concocted FIR in hurry. Anil Pandey had
no criminal antecedents according to police. There were no cases pending
against him except case No. 18/2001. He used to attend his duty at RDS
College, Muzaffarpur. He was not declared an absconder.
1. The suspended Office-Incharge Sri Satish Chandra Madhav should be charge-sheeted
within ninety days. The case should be disposed speedily.
2. The affected family should be given dues compensation.
3. The officials who registered a concocted FIR to defend the police should
be punished. The innocent villagers named in that FIR should be discharged.
P.S. Some of the people accused of beating Anil Pandey leading to his
death (in the FIR by the police) are members of his own family.
-- Surendra Kumar,
General Secretary, PUCL Muzaffarpur