Custodial death allegedly by torture. Normal procedures violated by the administration to shield the perpetrators

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, G.P.O. Complex, INA

New Delhi-110023

Respected Sir,
I lodge this present complaint in the matter of alleged murder of the victim Nur Haque Ali in the custody of Dinhata Sub-Correctional Home, District-Cooch Behar. In gist it is alleged by the family of the victim that he was arrested by the police of Dinhata Police Station on 05.04.2017 at night from his residence and later he was sentenced by the court to undergo imprisonment for one month in connection with a maintenance case filed by his wife. Accordingly he was in detention at Dinhata Sub-Correctional Home, Dinhata, but on 08.05.2017 he died an unnatural death while in custody at the correctional home. The victim’s family in writing lodged complaint at Dinhata Police Station on 09.05.2017 that the victim was murdered in the said correctional home. Though the complaint was registered as FIR no action has been taken against the accused persons till date. Our attached fact finding report gives details of the incident.

It is further came out during the fact finding that no enquiry by any judicial magistrate has taken place till date in compliance of section 176(1-A) of the Criminal Procedure Code. Moreover till date the information of the custodial death of the victim as well as the video recording of the post mortem examination of the victim was not sent to the Commission which is a blatant violation of the guidelines issued by the Commission in case of custodial death.

Under the circumstances, I pray for immediate intervention of the Commission in the present complaint on the following points:-
· The whole matter should be inquired by the Commission’s own investigating wing.

· An inquiry by a Judicial Magistrate must be held to ascertain the actual cause of death of the victim in custody.

· The perpetrators/accused persons must be arrested forthwith and they must be punished in accordance with law.

· The concerned authorities must be directed to take action in compliance of the guidelines issued by the Commission in case of custodial death.

· The Government of West Bengal should be directed to provide compensation

 

Particulars of the victim: – Nur Haque Ali (deceased), son of Akkach Ali, aged about-65 years, by faith-Islam, residential address at village-Ratinandan Konamukta Payasti, Police Station-Dinhata, District-Cooch Behar, West Bengal, India.

Particulars of the perpetrators: – The Superintendent of Dinhata Sub-Correctional Home, District-Cooch Behar and the other involved personnel of the said correctional home.

Place of the incident: – At Dinhata Sub-Correctional Home.

Date of the incident: – On 08.05.2017

Fact Finding Details:-

It is revealed during the fact finding that the victim Nur Haque Ali was arrested from his residence by the police of Dinhata Police Station on 05.04.2017 at night. On the next day he was produced in the court of the Additional Chief Judicial Magistrate, Dinhata. He was sentenced to suffer one month imprisonment in correctional home in connection with a case for maintenance lodged by his wife Ms. Nurnahar Bibi. Accordingly he was sent to Dinhata Sub-Correctional Home to serve the sentence. He was supposed to be released from the correctional home on 08.05.2017.

On 09.05.2017 at about 3 am the police from Dinhata Police Station arrived at the residence of the victim and informed his family members that the victim was at Dinhata Sub-Divisional Hospital and asked them to sign on a paper. But they did not sign on the paper produced by the police. They reached at Dinhata Sub-Divisional Hospital and found that the victim was lying like a dead body beside the emergency ward of the said hospital and he had no cloth on upper portion his body except his body was covered with a blanket. The daughter of the victim asked the doctor Mr. Indrajit Das who was available there at that time about what happened with the victim. He stated that the victim was brought dead at the hospital at about 9pm on 08.05.2017. Mr. Mosufa Ali (son of the victim) and other family members who were present in the hospital at that time stated that they saw marks of injuries on several parts of the body of the victim. They further stated that there was no one present from the Dinhata Sub-Correctional Home when they were in the hospital and they heard that the personnel from the said correctional home left the hospital after leaving the victim’s body.

It is reported that one executive magistrate namely Mr. Manbind from Dinhata Sub-Division was present during the inquest conducted by Mr. B. K. Rai being the Sub-Inspector of Police of Dinhata Police Station.

The post mortem examination of the victim was held at M.J.N. Hospital, Cooch Behar on 09.05.2017. The cause of death of the victim is still pending due to non-receipt of chemical analysis report of viscera. The police of Dinhata Police Station registered one unnatural death case on the death of the victim vide Dinhata Police Station U. D. Case no.49/2017 dated 08.05.2017.

On 09.05.2017 Mr. Mosufa Ali submitted a written complaint before the Inspector-in-Charge of Dinhata Police Station alleging that he saw several marks of injuries on the body of his father i.e. the victim when he saw the body of his father lying at the hospital. He also alleged of murdering of his father i.e. the victim inside Dinhata Sub-Correctional Home in his written complaint. The complaint was registered as Dinhata Police Station Case no.456/2017 dated 09.05.2017 under sections 302/34 of Indian Penal Code against the Superintendent of Dinhata Sub-Correctional Home and other staffs of the said correctional home. However the Investigating Officer (I. O.) of the case is sitting idle on the investigation and he did not take any action against the accused persons till date.

It is further came out during the fact finding that no enquiry by any judicial magistrate has taken place till date in compliance of section 176(1-A) of the Criminal Procedure Code. Moreover, we came to know that till date the information of the custodial death of the victim as well as the video recording of the post mortem examination of the victim was not sent to the Commission which is a blatant violation of the guidelines issued by the Commission in case of custodial death.

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