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#India- Torture to death by police & faulty post mortem examination procedure

18 March 2013

 

To

The Chairman

National Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

I want to draw your kind attention regarding a gruesome killing of a person in front of his wife and other passengers by Railway Police personal. The deceased was on his way to a pilgrimage place and taking rest at Berhampore railway station. The erring personal was in inebriated condition and came down heavily on the victim without any reasons. Later he was pushed to railway track by the said GRP personal and not provided with any urgent care either by other personnel presents at the adjoining Government Railway Police Station of the said railway station. He profusely bled at the railway track seething with pain, later admitted to hospital by his wife and other passengers.

 

As reported, the only fault of the couple was while inquired about the name of the woman by the said GRP personal, she used her paternal surname instead of her husband’s; the ‘moral police’ found it so offensive that he bashed him savagely and then pushed him to the railway track and whole personnel at GRP Station waited for his death by not extending minimum help to the victim.

Though, it has not come into fore but I have serious doubt that the woman was sexually assaulted by the said personal and while her husband tried to resist, he was meted with severe physical aggression.

 

I am providing you a photograph of the victim’s body, lying at the floor of the Bahrampur Morgue after post mortem examination was done over the body. Beside of the body, a hammer and chisel were lying. It is evident by the photograph that those two instruments were used to perform the examination and specifically to open the skull by the DOM.  The incident again proving our opinion that in all over the region post mortem examinations are routinely performed by illiterate doms instead of doctors. You can imagine the fate of an investigation when this major component of criminal jurisprudence is utterly neglected.

 

The procedure of autopsy maintained by the Home Department of government of not only unscientific but also inhuman and derogatory for dead.

 

I am appending details of the incident for your reference and demand for:-

 

  • The incident must be investigated by an impartial agency; not by the Government Railway Police, as the current status is, the wife of the victim and other passengers who were present during the incident must be incorporated with the investigation
  • The involvement of all the personnel present at the said GRP Station at the time of incident must be investigated
  • As the deceased’s movement  was technically under custody/ control of the GRP personal; the NHRC guidelines on custodial death must be followed in this case
  • The widow and other witnesses must be provided with proper safety and security
  • The widow must be financially compensated from the coffers of the errant personnel
  • The age-old wrongs on part of post mortem examination must be stopped to ascertain actual cause of death, which is prerequisite for criminal investigations in such cases

 

Sincerely Yours

 

 

 

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

 

 

Name of the victim: – Mr. Dilip Ghosh(deceased), Son of- Mr. Khagendranath Ghosh, aged about-47 years, By faith- Hindu, By profession- Quack, residing at- Khairamari (Nakpara), Police Station- Bongaon, District-North 24 Parganas, West Bengal, India.

 

Name of the perpetrators: – Mr. Paritosh Sarkar, On-duty Constable of Government Railway Police, Berhampore Court Railway Station, Police Station- Berhampore, Murshidabad. 2) Officer-in-Charge of Berhampore Court Railway Station GRPS. 3) On-Duty Station Master of Berhampore Court Railway Station.

 

Date and time of the incident: – On 12.03.2013 at about 1-30 am.

 

Place of the occurrence: – In front of Government Waiting Room at Berhampore Court Railway Station, Murshidabad

 

Case details: –

It is revealed during our fact finding that Mr. Dilip Ghosh and Ms. Ruma Biswas were married for last 15 years, though his family had objections on his marital status and the couple was forced to live at Kakdweep and not staying with the family. On 11.03.2013 at evening, the childless couple started for Tarapeeth (a pilgrimage) to sought blessings from the deity to fulfill the wanting of child.

 

On 12.03.2013 at midnight, the victim and his wife Mrs. Ruma Biswas reached at the Berhampore court railway station after making a long journey by a train. After reaching at Berhampore; they decided to commence their journey towards Tarapeeth at early morning by a bus and they decided for taking rest at the Government waiting room of the Berhampore Court railway station.

 

At about 1 am on that night, the Government Railway Police personal; Mr. Paritosh Sarkar suddenly came to that waiting room in an inebriated condition and at that time he was in uniform and started to drag both of them (the victim and his wife) towards the railway track. The perpetrator GRP personal asked the victim’s wife about the actual relation between them. The victim’s wife tried to satisfy the GRP personal by saying that they are married and as spouses to each other. But the said GRP personal was not satisfied. After that the GRP personal asked the victim’s wife about her name and she answered by using her paternal surname instead of her husband’s. The said GRP personal suddenly started to verbally abuse the couple after hearing the different surnames of the couple. The victim tried to protest. The victim was brutally thrashed by the said GRP personal and was dragged towards Government Railway Police Station of Berhampore Court station. Meanwhile, the said GRP personal suddenly pushed the victim on the railway track from the platform number 1 of the station. The witnesses told that the wife of the victim requested the said GRP personal to leave his husband. But the GRP personal refused to leave the victim and not rescued him either. The victim was laid down on the railway track for a long time. No railway staff came. After that the wife of the victim took him to Murshidabad Medical College with the help of other passengers present at the railway station by one cycle rickshaw. The On-Duty-Doctor of the said medical college declared the victim as brought dead at around 2 am. The wife of the victim lodged a written complaint which was treated as First Information Report (F.I.R) and a case has been initiated vide Berhampore Government Railway Police Station case no-04/13 dated 12.03.2013 under section 302 of Indian Penal Code at 5.45 am by the the offending police station. The post-mortem examination over the body was conducted vide post-mortem serial no. 221 at Berhampore Morgue. Mr. S. S Bhattacharya; Sub Inspector of the Berhampore GRPS has been appointed as Investigating Officer.

 

On the same day, the GRP personal was produced before the Additional Chief Judicial Magistrate Court, Berhampore and the court ordered for three days’ police custody (GRP). It is reported that Mr. Asis Roy; the then on duty officer of Berhampore GRPS has been suspended and closed at Dumdum for temporary effect.

 

On 14.03.2013, Mr. Khagendranath Ghosh; the father of the victim, lodged a written complaint on behalf of the victim to the Superintendent of Police, Barasat informing the death of the victim.

Inline images 1

 


    Body is lying at floor of Baharampur  Morgue and tools used by DOM to open the skull
 Inline images 2
 



Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity

 

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