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

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

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. 

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Plagued by opportunism, adventurism, tailism, Left 'doesn't matter' in India

By Harsh Thakor*  2024 elections are starting when India appears to be on the verge of turning proto-fascist. The Hindutva saffron brigade has penetrated in every sphere of Indian life, every social order, destroying and undermining the very fabric of the Constitution.

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.

Press freedom? 28 journalists killed since 2014, nine currently in jail

By Kirity Roy*  On the eve of the Press Freedom Day on 3rd of May, the Banglar Manabadhikar Suraksha Mancha (MASUM) shared its anxiety with the broader civil society platforms as the situation of freedom of any form of expression became grimmer in India day by day. This day was intended to raise awareness on the importance of freedom of press and to pay tribute to pressmen who lost their lives in the line of duty.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.