Skip to main content

Custodial death of Muslim youth: Govt of India told to ratify UN convention on torture

Counterview Desk 
Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convenor, Programme Against Custodial Torture & Impunity (PACTI), Hooghly, West Bengal, in a representation to the chairman, National Human Rights Commission (NHRC), has drawn to the custodial death of a Muslim youth following his torture in police custody after registering a "false case" based on manufactured records.
Seeking "proper investigation" the whole incident, Roy in his plea insists, the incident legitimizes his organisations' long-standing demand "for immediate ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment."

Text:

Here I want to draw your kind attention to one incident of custodial torture by the Deganga police personnel and the subsequent custodial death of one Muslim man from the Other Backward Class community in Dum Dum Central Correctional Home.
The name of the victim is Kutubuddin Mondal, son of late Ahamed Mondal, resided at Kharua Chandpur village under the jurisdiction of Deganga Police Station in the district of North 24 Parganas. This incident again proves how the perpetrator's police and jail authority is enjoying full impunity even after being responsible for the custodial death of a victim and irresponsible attitude toward the family members of the victim.
In this incident, the victim was allegedly falsely charged in a case of the Arms Act. He was arrested on April 5, 2022 at about 12.30 am from his own house by police personnel of Deganga Police Station. No memo of arrest was prepared during the time of arrest of Kutubuddin.
In the police custody at Deganga Police station, the victim was brutally tortured and mercilessly beaten by the perpetrator police personnel. From police custody, he was transferred to Dum Dum Central Correctional Home on April 5, 2022 following the direction of the court.
His health condition deteriorated and for this reason, he was sent to the SSKM Hospital. The victim died on April 11, 2022 at about 4.10 pm in the SSKM hospital. In the following fact finding, I'll narrate the details of the incident in this respect.
The family members of the victim were not informed when his health condition deteriorated and even after his death. On April 12, 2022 at about 10 am one civic volunteer of Deganga Police Station came to the house of the victim and informed Kutubuddin died on April 11, 2022 at about 4.10 pm at SSKM Hospital. That means the family members were informed after 18 hours of the death of the victim.
Bhawanipur Police Station initiated an unnatural death case (case number 436/22 dated April 13, 2022). After two days of the victim’s death, an unnatural death case was registered. The process of the inquest was not done in the right way. After two days after the victim’s death, the inquest was done by one magistrate.
The family members of the victim were not sure of the actual designation of the magistrate but they informed that the said magistrate did not examine the deceased, just took note of the details of the victim and went away. This is a violation of section 174/176(1)(A) of the Code of Criminal Procedure.
There is a confusion regarding the date of death of the victim. Our fact finding member talked with Bhawanipur Police Station. Bhawanipur police informed that on April 12, 2022 at about 4.10 pm Kutubuddin Mondal died in SSKM Hospital.
If we take this information as true, then how the civic volunteer of Deganga police station came and informed the family members of the victim about the death of Kutubuddin on April 12, 2022 at 10 am? If Kutubuddin died on April 12, 2022 at about 4.10 pm, then why the unnatural death case (Bhawanipur PS U/D case number 436/22 dated April 13, 2022) was registered on the next day i.e, on April 13, 2022?
On April 14, 2022 Ruma Bibi, wife of the victim lodged one written complaint to the Superintendent of Police, Barasat Police District regarding the above-stated incident but till date, no action has been taken against the perpetrators. Even the complainant is unaware whether her complaint was treated as FIR or not.
This again violates section 154 of the Code of the Criminal Procedure where it is mandated for mandatory registration of FIR after receiving any information of cognizable offences and without any cost provides one copy of FIR to the complainant.
The incident proves how police and jail authorities enjoy full impunity even after being responsible for the custodial death of a victim
The involved perpetrators violated the basic premise of Article 21 of the Indian Constitution as well as Articles 3, 5 and 7 of the Universal Declaration of Human Rights and the international obligations stated in Article 6 (1) and 7 of the International Covenant on Civil and Political Rights as well as the Goal number 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have an agreement.
The incident and subsequent impunity legitimize our long-standing demand for immediate ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment.
I demand:
  • This case should be investigated by the investigation wing of NHRC or state CID.
  • The erring police personnel of Deganga Police station and other police personnel related to this case who tortured the victim mercilessly in the police custody and tried to hide the truth of the case must be booked under appropriate legal provisions and be tried in an open court of law.
  • The Unnatural Death case initiated by Bhawanipur Police Station on April 13, 2022 must be investigated properly under the appropriate penal provision.
  • CCTV footage of police custody of Deganga Police Station on April 5, 2022 from 12.00 to 10.00 am should be checked by your Commission.
  • Jail hospital records, SSKM Hospital records and Inspection Memo and Memo of Arrest should be scrutinized properly.
  • Disciplinary action should be taken against the concerned magistrate who without examining the body of the deceased just note down the details of the victim.
  • Written complaint of Ruma Bibi, wife of the victim, dated April 14, 2022 must be treated as an FIR and the perpetrators should be arrested for the sake of proper investigation of the case.
  • As this case is in nature of systematic violation of criminal justice administration of West Bengal, the role performed by them should be checked thoroughly.
  • NHRC’s ‘Revised Guidelines/ Procedures to be followed in courses of deaths caused in police action’ must be adhered to in letter and spirit.
  • The family must be provided with financial compensation and adequate safety and security of the family members and witnesses must be ensured.

Comments

Post a Comment

TRENDING

Countrywide protest by gig workers puts spotlight on algorithmic exploitation

By A Representative   A nationwide protest led largely by women gig and platform workers was held across several states on February 3, with the Gig & Platform Service Workers Union (GIPSWU) claiming the mobilisation as a success and a strong assertion of workers’ rights against what it described as widespread exploitation by digital platform companies. Demonstrations took place in Delhi, Rajasthan, Karnataka, Maharashtra and other states, covering major cities including New Delhi, Jaipur, Bengaluru and Mumbai, along with multiple districts across the country.
Post a Comment
»

CFA flags ‘welfare retreat’ in Union Budget 2026–27, alleges corporate bias

By Jag Jivan  The advocacy group Centre for Financial Accountability (CFA) has sharply criticised the Union Budget 2026–27 , calling it a “budget sans kartavya” that weakens public welfare while favouring private corporations, even as inequality, climate risks and social distress deepen across the country.
Post a Comment
»

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.
59 comments
»

'Gandhi Talks': Cinema that dares to be quiet, where music, image and silence speak

By Vikas Meshram   In today’s digital age, where reels and short videos dominate attention spans, watching a silent film for over two hours feels almost like an act of resistance. Directed by Kishor Pandurang Belekar, “Gandhi Talks” is a bold cinematic experiment that turns silence into language and wordlessness into a powerful storytelling device. The film is not mere entertainment; it is an experience that pushes the viewer inward, compelling reflection on life, values, and society.
Post a Comment
»

From water scarcity to sustainable livelihoods: The turnaround of Salaiya Maaf

By Bharat Dogra   We were sitting at a central place in Salaiya Maaf village, located in Mahoba district of Uttar Pradesh, for a group discussion when an elderly woman said in an emotional voice, “It is so good that you people came. Land on which nothing grew can now produce good crops.”
Post a Comment
»

The Epstein shock, global power games and India’s foreign policy dilemma

By Vidya Bhushan Rawat*  The “Epstein” tsunami has jolted establishments everywhere. Politicians, bureaucrats, billionaires, celebrities, intellectuals, academics, religious gurus, and preachers—all appear to be under scrutiny, even dismantled. At first glance, it may seem like a story cutting across left, right, centre, Democrats, Republicans, socialists, capitalists—every label one can think of. Much of it, of course, is gossip, as people seek solace in the possible inclusion of names they personally dislike. 
Post a Comment
»

Paper guarantees, real hardship: How budget 2026–27 abandons rural India

By Vikas Meshram   In the history of Indian democracy, the Union government’s annual budget has always carried great significance. However, the 2026–27 budget raises several alarming concerns for rural India. In particular, the vague provisions of the VBG–Ram Ji scheme and major changes to the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) have put the future of rural workers at risk. A deeper reading of the budget reveals that these changes are not merely administrative but are closely tied to political and economic priorities that will have far-reaching consequences for millions of rural households.
Post a Comment
»

Penpa Tsering’s leadership and record under scrutiny amidst Tibetan exile elections

By Tseten Lhundup*  Within the Tibetan exile community, Penpa Tsering is often described as having risen through grassroots engagement. Born in 1967, he comes from an ordinary Tibetan family, pursued higher education at Delhi University in India, and went on to serve as Speaker of the Tibetan Parliament-in-Exile from 2008 to 2016. In 2021, he was elected Sikyong of the Central Tibetan Administration (CTA), becoming the second democratically elected political leader of the administration after Lobsang Sangay. 
Post a Comment
»

Michael Parenti: Scholar known for critiques of capitalism and U.S. foreign policy

By Harsh Thakor*  Michael Parenti, an American political scientist, historian, and author known for his Marxist and anti-imperialist perspectives, died on January 24 at the age of 92. Over several decades, Parenti wrote and lectured extensively on issues of capitalism, imperialism, democracy, media, and U.S. foreign policy. His work consistently challenged dominant political and economic narratives, particularly those associated with Western liberal democracies and global capitalism.
Post a Comment
»