Skip to main content

Custodial death of 27-year-old youth in West Bengal 'projected' as suicide

By Kirity Roy* 
In a grave instance of human rights violation, there was custodial death of Daud Seikh, a 27-year-old youth from village Hausnagar, Police Station Samshergunj, District Murshidabad, West Bengal.
Daud Seikh, son of Mainul Seikh, belonged to the oppressed Backward Caste of the Muslim community. Sabina Yasmin, his wife, and two children 7 and 2 years, were dependent on him. Daud Seikh was a wage labourer, did not possess any  land, and would fend for his family by all and sundry menial jobs. 
On April 7, 2024 at around 12:30 noon, he was apprehended by a sub-inspector of the Samshergunj Police Station Prashanta Ghosh and 3-4 other civic police personnel at the Patani More of Hausnagar under the Shamsergunj Police Station. 
While the arrest was made, the police party reached up to him at the place in a red coloured police vehicle with sticks and rifles. Sharif Seikh, son of Nur Seikh, a resident of Hausnagar, was witness to Daud's arrest. 
It was reported that Daud was arrested on April 7, 2024, in connection with the Shamsergunj Police Station Case No 110/24. His arrest and subsequent death on Apil 13, 2024 raises serious concerns, especially given the circumstances surrounding her demise. 
According to criminal procedure, each arrest by police should be followed by issuing memo of arrest which was not done in public view, and his family was not informed by the police about his arrest. 
It was further reported that Daud was under immense pressure from the Shamserganj police to act as an ‘informer’ but he refused the proposal. It is learned that while Daud was arrested, the involved police personnel made physical aggression and verbal abuses on him.
Daud left his home on April 7, 2024 at around 7: 00 AM, in search of a daily wage job, but did not return to his home on that day. The family members assumed that he might have got the work as a helper of a truck, which he used to do, and would have gone far-off places of other state, which was a regular phenomenon in his life. 
On April 13, at around 2:45 PM, one Firoz Seikh, a civic volunteer of the Shamserganj Police Station came to Daud’s home by a motorcycle and informed the elder brother of Daud, Lal Muhammad, and the wife of Daud, Sabina Yasmin, that Daud had committed suicide by hanging himself at the Jangipur Sub-Divisional Correctional Home, and his body was preserved at the Jangipur Sub Divisional Hospital’s mortuary. 
The civic volunteer informed the family that they have to procure a document from the Police Station to receive the body for burial and for this purpose he asked them to write down an application addressed to the police station. 
The civic volunteer then rushed for the police station and reached there before the family members, and with all swiftness, arranged the document and handed over it to the family members at Garuhata, a place adjoining the police station.
The father of the deceased, the widow and others reached the hospital, and while enquiring about the cause of death, the attending doctor informed them that there was a mark in front of the neck but not at the back of the neck, and it was an unnatural death. Another doctor said that the deceased was brought to hospital as dead, not alive. 
The family had no knowledge about the person who made an inquest over the body. The post mortem examination was done at the hospital, and the body was handed over to the family. 
NHRC intervention is crucial for upholding justice, protecting human rights, and ensuring that such incidents do not go unnoticed or unaddressed
The family members found many black bruise marks all over the body. The family members -- the widow and the father of the deceased -- suspected foul play and made an opinion that Daud was tortured to death, first in the police station and then in judicial custody. The family was in complete dark about his whereabouts from April 7, 2024 to April 13, 2024.
On April 15, 2024, the widow went to the Samsherganj Police Station to submit a complaint but the attending police officials Sumanta Kumar Das and Santosh Haldar,  Assistant Sub Inspectors, refused to accept and register her complaint. Thereafter she submitted the complaint to the office of the Superintendent of Police, Jangipur Police District. 
The family of the deceased, particularly his widow and other family members, is distressed, seeking justice for the untimely demise of Daud Seikh. It is necessitated that a thorough a judicial inquiry be conducted into the circumstances leading to his arrest, his long detention without informing the family members, and his unnatural death, and those responsible for any wrongdoing must be held accountable.
The National Human Rights Commission (NHRC) should initiate immediate and impartial judicial inquiry into the custodial death of Daud Seikh under section 176 (1) A of CrPC. Further, the family and witnesses must be protected from threats and allurements, and the family with two minor children must be provided with financial compensations. Also, there should be investigation, as suggested by the Istanbul Declaration and the Minnesota Declaration.
The NHRC intervention is crucial for upholding justice, protecting human rights, and ensuring that such incidents do not go unnoticed or unaddressed. As the arresting procedure was not followed and the written complaint of the widow was not registered, the version of the Samsherganj police cannot be trusted. The NHRC should take prompt action to investigate this matter thoroughly and provide justice to the aggrieved family.
---
*Secretary, Banglar Manabadhikar Suraksha Mancha; National Convenor, Programme Against Custodial Torture & Impunity. Based on author's representation to NHRC chairperson 

Comments

TRENDING

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’