THIRUVANANTHAPURAM: Close on the heels of the Directorate of Health Services (DHS) suspending its order directing the doctors to conduct detailed medical screening of suspects brought from police custody, Justice Narayana Kurup said the arguments raised against his suggestion are not grounded in reality.Kurup, who had recommended medical screening of suspects brought for check-up by the police from custody, said there were no practical difficulties in conducting the tests.
Kurup was the inquiry commissioner in the Nedumkandam custodial death case and suggested medical screening of those brought from custody to ascertain whether they had sustained internal injuries due to torture.
The police, medical and prisons departments had objected to the recommendation alleging that they posed practical difficulties. But Kurup appeared defiant and said those who opposed his suggestion were not ready to imbibe the spirit of his order. “The spirit of my order is that if a doctor on his initial examination finds that a person was tortured, then he should order certain medical tests. It’s not that all people brought from custody should be subjected to those tests,” he told TNIE.
Kurup also rubbished the objection that his suggestion would result in delayed production of the accused before the magistrate. “ If there is a fear of such a delay, the taluk hospital doctor can prescribe the tests and note it on the documents. The tests can be done after the accused is sent to judicial remand,” he added.
He said the recommendation is made in the context of Nedumkandam custodial death and the doctors are the ultimate judges when it comes to deciding what sort of treatment and tests should be done on their patients.“A mere physical examination can reveal if the person has been tortured or not. In Nedumkandam case, the suspect was brought in a moribund state to the hospital, yet he was not given proper treatment. If implemented, it will bring an end to the custodial torture,” he said.
Kurup added that he completely stands by the recommendation and is willing to give any clarification in this regard, if necessary.“It’s as if someone does not want to see the recommendation getting implemented. But I feel the government won’t allow them to do so,” he said.