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Archives for : custodial death

Mumbai Custodial death: CBI books 10 police officials #torture

Shibu Thomas, Nitasha Natu & Vijay V Singh,TNN | Jun 28, 2014,

Custodial death: CBI books 10 police officials
Agnello Valdaris allegedly died when cops at Wadala railway police station mercilessly beat him up in their custody.
MUMBAI: The CBI has registered an FIR against 10 Wadala railway police officials and charged them with offences that could attract the capital punishment in a custodial death case, but arrests are not imminent.”We will make arrests only after a detailed inquiry and examining the collected evidence,” said a CBI officer. “All the accused are government servants so there is a rare possibility that they will attempt to escape.”

Following a Bombay high court order, the CBI filed the FIR on Wednesday night after recording the statements of complainant Leonard Valdaris, father of Agnello Valdaris who was killed on April 18 while in the custody of the Wadala GRP, and of the prime witnesses, including two persons and a minor who were arrested along with Agnello and claim to be witness to torture in custody.

The FIR has named 10 personnel of the Wadala GRP as perpetrators. They include the then in-charge of the Wadala GRP outpost, Jitendra Rathod, a woman officer, A M Pujari, and sub-inspector Tondse, head constable Mane and constables Kamble, Pathan, Mane, Suryavanshi, Ganya and Satish.


Leonard Valdaris, vivtim Agnello Valdaris’s father. (TOI photo by Shriram Vernekar)

Senior GRP officials said the tainted personnel have been shunted out of the force.

Among the charges applied against them by the CBI are murder, assault, unnatural sex, criminal intimidation, kidnapping, wrongful confinement and provisions of the Protection of Children from Sexual Offences Act. If convicted, the officials could be sentenced to life imprisonment or the death penalty.

A source said the CBI’s next step is likely to be to record the statements of the other officials at the Wadala GRP station. The Wadala GRP currently has a working strength of around 140 personnel.

Agnello’s family is relieved the CBI is probing the case. “We are expecting an impartial and professional probe,” said Leonard, who has largely fought a lone battle for justice.

The Bombay HC had ordered exhumation of Agnello’s body and the medical report could form part of the evidence. Two other documents are important — a fax sent by Leonard to the commissioner’s office could point to illegal detention, and a reply to an RTI application by Sion hospital that Agnello had complained to the doctors when he was brought for a medical check-up that he was assaulted by the police.

The most crucial piece of evidence that the family is demanding is the CCTV footage from Wadala and Reay Road stations. Since the police stations are on the station premises, advocate Yug Chaudhry, counsel for the Valdaris family, said it could reveal that Agnello and the three others were illegally detained by the police. The railways claims the footage has been destroyed, but the family is hoping the CBI will be able to retrieve it.

“The GRP has been harping on the point that they arrested Agnello on April 17. But the footage (at Wadala station) would have shown railway cops taking me, my younger son Reagan, and three of Agnello’s co-accused to their chowky for inquiries on the night of April 15,” Leonard told TOI.

Read more here- http://timesofindia.indiatimes.com/city/mumbai/Custodial-death-CBI-books-10-police-officials/articleshow/37340572.cms

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NHRC- Custodial Death : Family was informed of arrest after his death

 21 February 2014

 

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023

 

Respected Sir,

 

We have received information that one under trial prisoner namely Ansar Ali, son of late Noor Islam Ali of village-Narayanpur, Post Office-Berbari, Police Station-Airport, District-North 24 Parganas, West Bengal died on 15.2.2014 at about 11.50 am at the inside hospital of Dum Dum Central Correctional Home, North 24 Parganas. He was detained in the said correctional home as Under-Trial Prisoner (UTP) in connection with one criminal case i.e. Lake Town Police Station Case no. 28 dated 27.1.2014 under section 379/411 of Indian Penal Code.

 

We have conducted a fact finding in this custodial death and gathered following information that the deceased victim was drug addict and he used to commit petty thefts when money was required to get drugs. He expired leaving behind three children. He used to live at his sister’s house with one child and his wife lives at her father’s house with two children.

 

On 18.2.2014 at about 1 pm our fact finding team contacted with the Superintendent of Dum Dum Central Correctional Home and he stated that the deceased was a drug addict and he fell ill from the evening on 14.2. 2014 and he expired at the inside hospital of the correctional home on 15.2.2014 at about 11.50 am. He also pointed out that the deceased was under-weight and also suffering from malnutrition when he was admitted in the correctional home. 

 

One unnatural death case has been registered at Dum Dum Police Station vide Dum Dum Police Station U.D. Case no. 17/2014 dated 15.2.2014. One information is received that one judicial magistrate namely Mr. Nirbhoy Tamang (Judicial Magistrate, 3rd Court under ACJM, Barrackpore) conducted inquest on the body of the deceased. The Superintendent of Dum Dum Central Correctional Home sent a message (SIGNAL 1280/RB DT 15.2.14) to the Officer-in-Charge of Airport Police Station for presence of the relatives of the deceased at the time of inquest, but due to delay in sending the information the relatives of the deceased could not be present at the time of inquest of the deceased.

 

The family members of the deceased received information of his death on 16.2.2014 at about 9.45 am from the police of Narayanpur Police Out-Post under Airport Police Station. The relatives of the deceased stated before our fact finding that no information was given to them either by the police or the officials of the correctional home that the deceased was arrested and detained in the correctional home in connection with a criminal case.  The family members of the deceased had to fulfill the exorbitant monetary demands at the Barrackpore police morgue to release the body of the deceased.

 

The facts and circumstances in this matter revealed the shocking truth that in practice the prison officials are not diligent to take proper care and attention of the jail inmates. The prison officials of Dum Dum Central Correctional in spite of having knowledge that the deceased victim was a drug addict and his physical condition was not healthy they detained him in the correctional home in gross violation of Section 74(4) of the West Bengal Correctional Services Act, 1992. The death of the victim reveals that he was not under proper care and medication and we assume that no effort was made to de-addict him, no effort was made to communicate the concerned court on his health condition, no effort was made to release him on bail on consultation with the concerned Legal Aid Committee and no effort was made to communicate his health condition to his family members by the prison officials of Dum Dum Central Correctional Home. 

 

We understand that several initiatives are going on in the name of Prison Reforms from the money of our taxpayers but in reality the jail inmates are not benefitted by such initiatives due to ongoing negligence and apathy of the prison officials.

 

Hence we demand that the whole matter must be investigated by one neutral investigating agency preferably by the Commission’s own investigating wing and appropriate recommendations must be passed to punish the prisons officials of Dum Dum Central Correctional Home on finding their negligence, improper care and illegal acts leading to untimely death of the deceased victim.

 

Your kind intervention and action in this matter would be highly solicited.

 

Thanking You,

Yours truly

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI  

 Inline images 2

 Inline images 3
      Ansar Ali’s sister’s house where he lived 
widow
 
   Widow of Ansar 

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#India – Custodial death , family being threatened in Murshidabad

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi– 110001

 

Respected Sir,

 

We lodge this present complaint in the matter of the victim Jhantu Saha (deceased), son of- Mr. Biren Saha, aged about- 40 years, by faith- Hindu, address-village- Bishnupur Kalibari, Post Office+ Police Station- Berhampore, District- Murshidabad, West Bengal. The victim was arrested by the involved police personnel of Berhampore Police Station on 11.5.2013 at about 9 pm near Berhampore Court area reportedly under intoxicated condition. The perpetrator police personnel of the said police station illegally detained the victim and on 13.5.2013 he was produced before the concerned magistrate (the Chief Judicial Magistrate, Berhampore) thereby implicating him in a criminal case. The magistrate rejecting his bail application sent him to judicial custody at Berhampore central Correctional Home.

 

In the morning on 04.06.2013, the physical condition of the deceased started to collapse. He was taken to Berhampore General Hospital in very critical condition by the jail authority. The examining medical officer of the said hospital declared him dead upon examining him. The hospital informed the incident to Berhampore Police Station and the police personnel of the said police station registered one unnatural death case vide Berhampore Police Station Unnatural Death Case No. 355/2013 dated 04.06.2013. The Post Mortem examination of the victim was done at Berhampore General Hospital on 5.6.2013 vide P.M. examination no. 486. The inquest on the body of the victim was done by one executive magistrate namely Mr. Ashok Pain.

 

Our fact finding team talked with the family of the victim and the brother of the victim stated that the victim was tortured and subjected to custodial violence during his illegal detention at Berhampore Police Station.  But the family of the victim is afraid to lodge complaint before the authorities in this matter apprehending police harassment.  The incident of the victim’s death in jail custody has been reported in two daily Bengla newspapers namely ‘Sambad Protidin’ (issue dated 5.6.2013) and ‘Anandabazar Patrika’  http://www.anandabazar.com/archive/1130605/5mur2.html

 

The facts and circumstances of the incident revealed that the victim suffered custodial death but there has been no enquiry by judicial magistrate in compliance of the provisions of Section 176(1-A) of criminal Procedure Code. Section 176(1-A) of Criminal Procedure Code mandates enquiry by judicial magistrate in case of custodial death.

 

We condemn the incident and seek your urgent intervention against the perpetrators involved in this case i.e. the Superintendent of Berhampore Central Correctional Home and the Officer-in-Charge and other involved police personnel of Berhampore Police Station.

 

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 Criminal Procedure Code must be complied with immediately in this case and the enquiry by judicial magistrate shall immediately be conducted in this case.
  • The perpetrator police personnel of Berhampore Police Station must be booked under the law immediately for committing custodial torture upon the victim and they must be punished in accordance with law.
  • The role of the Superintendent of Berhampore Central Correctional Home must be neutrally investigated into and punished according if found guilty for acts leading to the custodial death of the victim.
  • The victim’s family must be compensated adequately.

 

 

Thanking you

Yours truly

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

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Probe into custodial death of Bihari youth who attacked Amritandamayi Devi

By Ashraf Padanna/Thiruvananthapuram

 

Satnam Singh
The Kerala police have begun a probe into the ‘unnatural death’ of a Bihari youth charged with attempt to murder Mata Amritandamayi Devi, the hugging saint who has millions of devotees across the world.

 

Mystery over the death of 23-year old Satnam Singh Mann from Gaya in Bihar lodged at the Peroorkada mental health centre here continues.

Relatives of Satnam, who was arrested by the police four days ago after he advanced menacingly towards Matha Amrithananda Mayi in Vallikavu, allege he was beaten up while in custody. Police denied the allegation.

The postmortem of the body would be conducted at the medical college hospital here on Monday. During the inquest, several bruises were found on the body, said Satnam’s cousin Vimal Kishore. It is known, however, that a scuffle, or more, had taken place between Satnam and another patient(s) at the mental health centre on Saturday.

In Vallikavu, the Matha Amrithanandamayi Mutt organised a special prayer session condoling the death of Satnam. Mutt vice-chairman Amritha Swaroopanananda said that the Mutt was shocked at the incidents. “The mutt joins the family in their grief,” he said.

District collector in-charge P.K. Girija started a preliminary inquiry, while the Peroorkada police registered a case of unnatural death.Satnam’s father, Harendra Kumar Singh, is expected here by Monday.

Satnam’s other relatives who have reached here confirmed to the police that he was earlier under treatment for depression and was missing from his home since May.

Satnam was arrested on August 1 when he angrily pushed his way in the direction of Mata Amritanandamayi during her darshan programme. He was remanded to judicial custody on August 2 and sent to the Kollam district jail.

Prison superintendent Vinod Kumar said that during the late hour of August 2, Satnam took cleaning lotion kept at the toilet in the prison and poured it on eight other prisoners in his cell. As he behaved strangely, he was taken to the Kollam district hospital. As advised by doctors, he was shifted to the mental health centre here.
He was given sedation as he behaved violently.

Hospital sources said Satnam was admitted to the hospital by around 3am on August 3. After he was found to be stable, he was kept in a cell with another patient. However, following a scuffle between the two, they were kept in separate cells. By around 6.30pm on August 4, he was found in a collapsed state in the toilet area of the cell.

Subsequently, he was rushed to the medical college hospital where he died by around 8.15pm.
Satnam, reportedly doing his LLB course at Dr Ram Manohar Lohia National Law University in Lucknow, was reported missing for sometime.

Marks on Satnam’s body shock cousin

The death of Satnam Singh Mann has come as a rude shock to his cousin Vimal Kishore. “I had met him while in police custody the other day. He did not have any physical problem. However, now there are several marks on his body,” said Vimal.

Vimal, who sought a detailed probe into the incident, also said that though he had handed over a pair of clothes to Satnam before being remanded, he was found to be wearing a different dress when he died. “While in the police custody, he was allowed to wear only under garments,” said Vimal who came down to the state after being informed of Satnam’s arrest.

Satnam, son of businessman Harendra Kumar Singh, went missing from Bihar in May. “He was too much into spirituality and was highly informed. Finally he suffered some sort of depression,” recalls Vimal, who works with a national media in New Delhi.

Satnam’s family had even given ‘man missing’ advertisements in the local media in Bihar. Vimal, who was close to Satnam since his childhood, said Satnam was repeatedly telling a couple of words including ‘magnetic field,’ while he met him in police custody.

Satnam has three brothers, two of them studying for engineering and the other doing his CA in Delhi. His sister is in the US.

 

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Immediate Release- Fact Finding Report on custodial death in Andhra Pradesh

Date: 23-04-2012
FACT FINDING REPORT BY P.U.C.L, A.P
                                    (16-04-2012 to 19-04-2012),
                 On Lock up Death dated 15-04-2012 At Miyapur Police Station, Cyberabad, R.R Dist., A.P, India.

On 15-04-2012 another Lock up Death case occurred in the Miyapur Police Station. In the Past the death of Mr.Mekala Anjaiah was
picturized as a Suicide Death. The Government didn’t take any action or pass a memo on the Police Officials in the case of lock up death
occurred on 02-03-2012. The Station House Officer (C.I) then was suspended on the grounds that he was involved in land settlements at latter days.

On 15-04-2012, P. Ram Reddy aged 36yrs died in the Lock-up in the early hours around 4:30a.m to 5:00am in Police Station, Miyapur, R R District,  AP. We came to know of this matter through the news paper and we formed a Fact Finding committee of the P.U.C.L consisting of Jaya Vindhyala, Iqbal Khan and Salim visited the Miyapur Police Station. In the Past what reasons and stories they said of the death of Mekala Anjaiah the same reasons and stories are said on the death of P.Ram Reddy by the Station House Officer (SHO).

The S.H.O said that when P. Ram Reddy was feeling restless they joined him at the Lalitha-Gayathri Hospital (private) opposite of the Police Station. The S.H.O further stated that he said that the Hospital members have said that Mr. P. Ram Reddy died due to Cardiac
Arrest.       The S.H.O further said that On 11-04-2012 a person named Nagarjuna Rao has given a complaint in the police station on P.Ram Reddy and his associates. Nagarjuna Rao said that P.Ram Reddy and his associates were threatening him to give 10 lakhs to them. According to the police official’s plan, that Mr. Nagarjuna Rao said that he would give the money to them, and he called them for taking the money on 12-04-2012.

The S.H.O stated that on 12-04-2012,  Ram Reddy didn’t come instead he send people named Bellam Konda Sandeep, Rohith Kumar, Nethagani Vikas to collect 10 lakhs rupees. The S.H.O said that they arrested them that day and sent them immediately to the Judicial Remand.

On enquiring them the police authorities came to know that Ram Reddy is behind all these matters. So, on 14-04-2012 night around 10:30 P.M they have arrested Ram Reddy in the Gowli Guda (Imlybun Bus Depot) area. The Police officials said that they have informed his father Srinivas Reddy that his son Ram Reddy was arrested. In the same night Srinivas Reddy met his son. This is told by the Police officials andeven Srinivas Reddy agreed to it.

We came to know that Ram Reddy spent two lakhs rupees in constructing shuttle court in Alluru of Nellore District. Ram Reddy is a Shettle Player and that’s why he builds a shettle court and he was giving training to some people.

                 We came to know that Ram Reddy worked in Nagarjuna Rao’s Flour Mill from 2005 to2009. This was even confirmed by Nagarjuna Rao. Nagarjuna Rao’s saying that Mr. Ram Reddy stopped working in his flour mill in the middle of 2009. Nagarjun Rao is saying that Ram Reddy and his associates were threatening him and he gave them 40 lakhs in the Span of 2009-2012. From, now in April, 2012 he said that again they have been demanding to give ten lakhs rupees to them.

Nagarjun Rao is further stating that he was afraid so he couldn’t inform to the Police Officials in past days. He further says that as he had no other solution so now he informed this to the Police Officials.

OBSERVATIONS:-
1)      The death of Ram reddy is not a natural death.

2)      In the Miyapur Police Station between March, 2011 to April 15, 2012, there were two lock up deaths.

3)      Till now, the Government didn’t take any action on the police officials regarding any of these cases.

4)      There were financial dealings between the Low-Level Officers and the High Level Officers. The Low-level Officers are sending monthly “Mamools”.  So, the higher ups thoughts that “We should rescue our people in case of any mistakes/criminal acts” done by the authorities. Instead of Sincerity of the duty, some of the police officials are organized in the name of the   Caste Mark, Police Mark, etc. now it isspreading in every corner of the Department.

5)      There is no chance that the Higher-level authorities will not come out their chambers. They are not trying to make out what is happening in case of Lower authorities. Some Higher-Authorities are only enjoying the power they are getting from the seat and are not enjoying the power they get from their duty. This is the reason for the increase in cruelty in some of the police officers.

6)      On 14-04-2012, Nagarjun Rao and his associates attacked Ram Reddy in the Police Station. Ram Reddy was interrogated by Nagarjun Rao and his associates including the Police officials. As per their calculation there was no harm to them if they kill Ram Reddy, so they killed him.

7)      There has been Financial Dealings between Ram Reddy and Nagarjun Rao. Ram Reddy increased the pressure on Nagarjun Rao to settle all the things between them.

8)      The person who built 2 Lakhs worth Shettle Court, Will he be a Money extortionist????

9)      There are no relations between the information told by the S.H.O and the higher officials regarding lock up death.

10)     Mr. Nagarjuna Rao has good relations in the police department, he is openly declaring that and how they picked and murdered P. Ram Reddy. It is very quite un-natural behavior on the part of complainant, but, unfortunately, we are all shocked when we listened
these words while enquiry/facts findings period.

Demands:-
1)      The Government should take action on the officials who are involved
in this Lock up Death. The S.H.O should be suspended.
2)      An I.P.S Officer should be made responsible for these Lock up Deaths.
3)      The Government should take Disciplinary actions on the authorities from Low-Level to High-Level. All officers including from Constables to higher Level Authorities like SP/Commissioners etc, should be brought under this. Then only there would be a change in the behavior of the Police Officials and then only there would be confidence developed in the people and there would be an increase in the quality or way they work.
4)      The Government should give justice to the P. Ram Reddy Family;protection should be given for their family.
5)      The Government should order an enquiry by the sitting Judge of the High Court of AP.
6)      The third degree methods should be completely prohibited in custodyby implementation of guidelines in DK Basu Vs West Bengal (1996) Case by Supreme Court of India.
7)      Custodial deaths are increasing day by day, if a forum is formed with civil rights, human rights, other active groups and enlightened people in all levels to control illegal acts of police authorities.

When,  what ever the facts in the incident will come out and Justice will happen to general public than only we can control illegal
acts and we protect Human Rights…

JAYA VINDHYALA
ADVOCATE
PRESIDENT, PUCL-AP
16-8-908/7, MALAKPET “X” ROADS
HYDERABAD-500 024.

PHONE: 094404-30263.
FAX: 040-24414736

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