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Custodial death of an Undertral Prisoner – non compliance of procedure #Westbengal

Inline images 1

3 October 2012

To
The Chairman
Human Rights Commission
Bhabani Bhaban
Alipur
Kolkata – 27

Respected Sir,

We conducted fact finding on the custodial death of a prisoner (Under Trial Prisoner) at Calcutta national Medical College & Hospital, when he in judicial custody of Alipore Central Correctional Home, Kolkata. It is also revealed during the fact finding that the victim was subjected to torture in police custody , Murshidabad soon he was arrested. On 10.8.2012 the victim was sent to Lalbagh Sub-Divisional Correctional Home, by order of the ACJM Court, Lalbagh but his family members had no idea/information about his detention at Alipore Central Correctional Home, Kolkata. Though post mortem examination of the victim was held but there was no enquiry by any judicial magistrate on the custodial death of the victim in compliance of Section 176(1-A) of Criminal Procedure Code. Therefore the incident of the victim again proved that the law is incapable of granting succor to the victims of custodial violence/death and the entire exercise on the part of the government officials and judicial authorities in this case proves the arrogance of the entire system in refuting to implement the legal procedure and abide by the rule of law with which they are not comfortable.

Hence we demand your urgent action in this matter in the following manner:-
• The whole matter must be investigated by one neutral investigating agency
• The provisions of Section 176(1-A) of Code must be implemented in this case.
• The perpetrator police personnel of Lalgola Police Station must be booked under the law immediately for perpetrating custodial torture upon the victim and they must be punished in accordance with law.
• The concerned perpetrator jail authorities must be reprimanded for causing the death of the victim in custody and be punished accordingly.
• The victim’s family must be compensated adequately.

Thanking you,
Yours truly,

Kirity Roy
Secretary, MASUM
&
National Convener, PACTI

Particulars of the victim: – Mr. Ketabul Seikh (deceased), son of Late Rustam Ali, aged about – 24 years, by faith-Muslim, by occupation- car driver, residence at village – Natatala, Post Office – Paharpur, Police Station-Lalgola, District-Murshidabad, West Bengal, India.

Particulars of the perpetrators: – (1) Mr. Debasish Sarkar, Mr. Debabrata Sarkar, Mr. Kajal Babu, Mr. Rontu Babu (Constable), Subhasis Ghosh and the other involved police personnel of Lalgola Police Station; (2) The Superintendent of Labagh Sub-Divisional Correctional Home, Lalbagh; (3) The Superintendent of Berhampore Central Correctional Home, Murshidabad and (4) The Superintendent of Alipore Central Correctional Home, Kolkata.

Date & time of incident: – On 09.08.2012 and subsequent thereafter.

Case Details:-

It is revealed during the fact finding that the victim belonged from a poor family. He was a part time truck driver. On 09.08.2012 he was arrested by the police personnel of Lalgola Police Station from Lalgola Bus Stand with other three men who were also come there for finding a suitable job for them. Thereafter all of them were taken to police station. Reportedly he was tortured in the police custody as well as by the police personnel led by Mr. Debasish Sarkar (Officer-in-Charge). He was implicated Lalgola Police Station Case No. 407/2012 dated 09/08/2012 under sections 397/411/413/ 414 of Indian Penal Code. On the same date the victim’s family members came to the police station but they were also threatened by the police personal. The police personnel physically tortured the victim in front of his family members and moreover the torture continued upon him whole night on that day.

On 10.8.2012 he was sent to Additional Chief Judicial Magistrate, Lalbagh Court with the other accused persons. His application for bail was rejected and he was sent to judicial custody at Lalbag Sub – Divisional Correctional Home fixing 18.8.2012 for his further production before the court. In the mean time the victim’s wife went to the said Correctional Home but she was informed that the victim was shifted to Beharampur Central Correctional Home. When the victim’s wife went to Beharampur Correctional Home with the help of her relatives she was informed that there was no such person in the victim’s name detained there. The victim’s wife was allowed to search the victim inside the said correctional home but she could not found her husband there. On 18.08.2012 the victim was not produced before the court.

On 19.08.2012 the victim’s family received information that he died at National Medical College & Hospital, Kolkata. On 20.8.2012 the family members of the victim went to the said hospital and received the body of the victim. The disposal certificate of the victim disclosed that the victim was detained at Alipore Central Correctional Home, Kolkata before his admission to the hospital. Beniapukur Police Station registered one unnatural death case vide Beniapukur Police Station Inquest no. 547/2012 dated 20.8.2012. The post mortem examination of the victim was held at the Police Morgue at N.R.S Medical College & Hospital, Kolkata. Though the victim died when he was still under judicial custody at Alipore Central Correctional Home, Alipore, Kolkata but no enquiry by any judicial magistrate was held on the custodial death of the victim in compliance of provisions of Section 176(1-A) of the Criminal Procedure Code. Our fact finding revealed that Mr. Amiya Kumar Lahiri, Assistant Commissioner of Police, ACP-1 of Kolkata Police was entrusted with inquest, which was against the law. The victim’s family did not get the post mortem examination report of the victim till date. On 31.8.2012 the victim’s family lodged written complaint before the Superintendent of Police, Murshidabad for enquiry into the custodial death of the victim but till date there has been no action.

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