Kerala police prepare draft code to produce accused in hospitals

As per the draft, the cops should ascertain the mental and physical condition of the people they are taking into custody. It should be also checked whether they are intoxicated.
Image used for representational purpose only.
Image used for representational purpose only.

THIRUVANANTHAPURAM: In line with the High Court directive, the state police have prepared a draft of additional protocol that need to be followed by the police personnel while producing those in custody before medical practitioners or magistrates. 

The home department discussed on Wednesday the draft prepared by the state police chief. The High Court had instructed the police to include new guidelines to the existing medico-legal protocol in the wake of the brutal murder of Dr Vandana Das.

The draft said the police department is ready to deploy State Industrial Security Force (SISF) to guard hospitals. The service of SISF men to government hospitals would be free of cost and the government has been asked to identify the hospitals, both in private and public sectors, that require SISF deployment.
As per the draft, the cops should ascertain the mental and physical condition of the people they are taking into custody. It should be also checked whether they are intoxicated.

The verification should be done by observation or by checking with relatives or people, who are present at the spot. If the person is found to be mentally or physically violent and intoxicated, the matter should be recorded on the personal notebook as well in the General Diary.

The draft further said that those in custody should be frisked thoroughly to prevent them from carrying sharp weapons that could cause harm. Also, the doctors should be directed to keep their medical equipment, including scissors, away from people who are brought for medical examination.

While producing a mentally disturbed person or those having behavioural issues, the doctors should be informed in advance. If such people are produced before magistrates, the information should be given by an officer of and above the rank of a sub-inspector.

Persons, who have been arrested without warrants, can be handcuffed if the situation demands so. While in the case of arrests with warrants and those who have been remanded by magistrates, handcuffing should be done with prior permission from the magistrates, the draft read.

The meeting chaired by home secretary V Venu was attended by various stakeholders, including Dr K Prathibha, whose legal fight had resulted in the state government framing a medico-legal protocol. Prathibha’s efforts were appreciated by Justice K Narayana Kurup, who had conducted an inquiry into the Nedumkandam custodial death.

Prathibha, sources said, told the meeting that the guidelines laid down by Justice Kurup should be strictly enforced. She said the freedom and safety of doctors should be ensured while conducting medical examination.

Proposed guidelines

  • Cops should ascertain the mental and physical condition of the people they are taking into custody
  • If the person is found to be mentally or physically violent and intoxicated, the matter should be recorded on the personal note book as well in the General Diary
  • Those in custody should be frisked thoroughly to prevent them from carrying sharp weapons that could cause harm
  • Doctors should be directed to keep their medical equipment, including scissors, away from people who are brought for medical examination

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