Skip to main content

'Unnatural' custodial death in West Bengal: NHRC told to investigate incident

Mother, wife of the deceased migrant worker
By Our Representative 
In a complaint to the chairperson, National Human Rights Commission (NHRC), Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convenor, Programme Against Custodial Torture and Impunity (PACTI), referring to the “unnatural death” in police custody of a marginalised Muslim migrant labour in West Bengal, has demanded “independent and impartial inquiry” either by either an NHRC investigative team or CID.
Insisting that the “police should be held accountable for not following the guidelines of arrest”, Roy in a letter to the NHRC chairman said, the family of the deceased – who hailed from Panighata Purbapara under Kaliganj Police station area in Nadia district of West Bengal -- should be protected and awarded “adequate” compensation, and the “inquest report of the victim should not be deemed reliable because due procedure was not followed while conducting the examination.” He insisted, “A fresh inquest should done by judicial magistrate.”
Referring to the case, Roy said, the victim, Abdul Goni Sekh, was arrested by Bhimpur police station of Nadia district with allegations of using fake currency notes. The facts in this case have been manipulated by the police, starting from the arrest of the deceased, the lodging of FIR, admission to the hospital, conduction of inquest and post-mortem and so on.”
He added, “The police have presented the case as a death due to ill-health whereas there are several testimonies and facts that point towards the culpability of the police in the death of the victim.”
According to Roy, “ As per police record, the victim was arrested on December 04, 2021 but the locals have seen the police officials taking the victim along with them two days before the date of arrest”, adding, “The victim used to be a migratory worker and worked in Haryana as daily labourer. The family members of the victim residing in Panighata village had no information of his return or getting arrested by the police.”
Even though the family members were present in the hospital for inquest and autopsy, they were not let inside the morgue
He continued, “The police visited the house of victim in Panighata at around 3:00 am on December 5 and informed his family that the victim is ill and admitted to Shaktinagar District Hospital. The police took signature of the family members on a form.”
Roy regretted, “The family was informed about the death of the victim at around 7:30 am by police and asked to be present during the inquest and post mortem at Shaktinagar District Hospital. But even though the family members were present in the hospital for inquest and autopsy, they were not let inside the morgue during inquest and autopsy. They were called in after the inquest and autopsy was done.”
Pointing out that the inquest was conducted by one Executive Magistrate, Mr. Ajoy Kumar Saha and not any judicial magistrate as stated in the 176 1(A) of the CrPC”, he said, “The police of Bhimpur and Kotowali police stations with nexus with civil administration conducted their role in perfunctory manner and thus violated sections of Criminal Procedure Code, 41B(b), 41C, 50, 50A, 53, 54, 57, 58 and 176(1)A.”
Roy believed, “The incident violates Articles 19 and 21 of the Constitution of India. The incident also violates several sections of the Criminal Procedure Code, particularly those on arrest guidelines and Section 176 1(A) which requires inquest in cases of custodial death to be done by Judicial Magistrate. The police have also violated the DK Basu guidelines given by the Supreme Court of India.”

Comments

TRENDING

India’s climate tech ecosystem in dire need of both early, growth-stage funding: Report

By Our Representative India’s climate tech ecosystem, which boasts over 800 startups, is in dire need of both early and growth-stage funding to leverage its full potential, according to a report by Indian Institute of Management-Ahmedabad (Ventures) and MUFG Bank , Japan. Despite a robust initial funding landscape, with approximately two-thirds of climate tech startups receiving seed capital, growth-stage investments remain critically lacking. 

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

UNEP report on how climate crisis is impacting displacement, global conflicts, declining health

By Shankar Sharma*  A recent report by the United Nations Environment Programme (UNEP), titled "A Global Foresight Report on Planetary Health and Human Wellbeing," warrants urgent attention from our country’s developmental perspective. The findings, detailed in the report, should be a source of significant concern not only globally but especially for our nation, which has a vast population and limited natural resources. 

Industries fueling climate crisis draining public funds in Global South: ActionAid

By Our Representative  A new ActionAid report has exposed the alarming financial drain on the Global South, as climate-wrecking industries like fossil fuels and industrial agriculture receive over US$600 billion annually in public subsidies. The report, "How the Finance Flows: Corporate Capture of Public Finance Fuelling the Climate Crisis in the Global South", reveals that an average of US$677 billion in public finance is directed toward climate-destructive sectors each year, depriving crucial social sectors such as education. 

75 years of revolution: How China moved away from ideals of struggle for human liberation

By Harsh Thakor*  On October 1st, we celebrate the 75th anniversary of the Chinese Revolution, a pivotal moment in the struggle for human liberation. From 1949 to 1976, China achieved remarkable social equality and revolutionary democracy, outpacing other developing nations in literacy, health care, agricultural output, and industrial production. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

105,000 sign protest petition, allege Nestlé’s 'double standard' over added sugar in baby food

By Kritischer Konsum*    105,000 people have signed a petition calling on Nestlé to stop adding sugar to its baby food products marketed in lower-income countries. It was handed over today at the multinational’s headquarters in Vevey, where the NGOs Public Eye, IBFAN and EKO dumped the symbolic equivalent of 10 million sugar cubes, representing the added sugar consumed each day by babies fed with Cerelac cereals. In Switzerland, such products are sold with no added sugar. The leading baby food corporation must put an end to this harmful double standard.