Wed Nov 3, 2010 11:15 am (PDT)
* *
1st November 2010*
*The Chairman*
*National Human Rights Commission*
*Faridkot House*
*Copernicus Marg*
*New Delhi-110001*
* *
*Respected Sir,*
* *
*We conducted fact finding on the custodial death of a prisoner(Under Trial
Prisoner) at Kandi Correctional Home, Kandi, District-Murshidaba d namely
Mofik Sk, who had an unnatural death in prison on 26.9.2010. *
* *
*The body of the victim was kept in hospital morgue and on the next day i.e.
on 27.9.2010 there was an investigation by one executive magistrate under
section 176 of Criminal Procedure Code. There was also an inquiry done by
one judicial magistrate i.e. the Additional Chief Judicial Magistrate,
Kandi, Murshidabad. The inquiry by the judicial magistrate only came after
completion of the investigation by the executive magistrate who gave opinion
in his report that the death was probably occurred by disease. Therefore the
Executive Magistrate being part and parcel of the police and state machinery
was successful to manufacture one record to the end that there was no foul
play in the custodial death of the victim beforehand the inquiry by judicial
magistrate in this case. Our attached fact finding report gives details of
the incident. *
* *
*Under the new provision of law enumerated in Section 176(1-A) of Criminal
Procedure Code an executive magistrate is not empowered to hold any kind of
investigation/ inquiry in case of custodial death, such power is only given
to the judicial magistrate. This incident again shows that a systematic
violation of law is going on to screen the offenders in uniform and the
entire exercise on the part of the government officials and judicial
authorities in this case proves the arrogance of the entire system in
refuting to implement the legal procedure and abide by the rule of law with
which they are not comfortable. *
* *
*We with this letter attached one scanned copy of the report prepared by the
Executive Magistrate in a format supplied by the State Government to hold
investigation in case of custodial death under section 176 Cr. P. C. which
proves that a system has been maintained not sanctioned under the law. *
* *
*We demand that in all cases of custodial deaths, the inquiry must be
conducted by Judicial Magistrate at first hand upholding the mandates
enumerated in Section 176(1-A) of Criminal Procedure Code in its true
spirit. We further demand that where the Executive Magistrates and the
police have conducted inquest over custodial deaths after the introduction
of the new amended provisions of the Code of Criminal Procedure law so far,
the persons responsible for such lapse must be identified and properly dealt
with for dereliction of their duties. *
* *
*Thanking you,*
*Yours truly,*
*Kirity Roy*
*Secretary, MASUM * *&* *National Convener, PACTI*
* *
*Name of the victim**: -* Mofik Sk. (deceased), son of Late Firoj Sk., aged
about - 42 years, by faith-Muslim, by occupation- car driver, resided at
village-Angarpur, Police Station-Bharatpur, District-Murshidaba d.
*Name of the perpetrators* *: -* The Superintendent of Kandi Correctional
Home, Kandi, District- Murshidabad.
*Place of incident**: -* At Kandi Correctional Home, Police Station-Kandi,
District- Murshidabad
*Time & date of incident**: -* On 26.9.2010 at about 3pm
*Case Details**: - *The victim Mofik Sk. was an Under Trial Prisoner (UTP)
imprisoned at Kandi Correctional Home, Kandi, Murshidabad on and from
7.9.2010. He was an accused in connection with Salar Police Station Case no.
131/2010 dated 6.9.2010 under sections 413/414 of Indian Penal Code.
On 26.9.2010 the victim was brought at Kandi Sub-Divisional Hospital, Kandi
by the personnel of the said correctional home but he was declared 'brought
dead' by the on-duty medical officer of Kandi Sub-Divisional Hospital,
Kandi.
One unnatural death was started by the police of Kandi Police Station vide
Kandi Police Station UD Case no. 180/10 dated 26.9.2010. His (the victim)
body was kept at Kandi Sub-Divisional Hospital Morgue. Thereafter on the
next day on 27.9.2010 between 12.50 pm to 1.25 pm the inquest of the victim
was done by one Executive Magistrate at the said hospital morgue under
section 176 Cr. P. C.. The said Executive Magistrate opined in his report
that the death was probably occurred by disease.
Thereafter the post mortem examination of the victim was done at Kandi
Sub-Divisional Hospital Morgue on 27.9.2010 at about 3 pm. Reportedly our
fact finding team came to know that the post mortem examination was held in
presence of one judicial magistrate i.e. the Additional Chief Judicial
Magistrate, Kandi, Murshidabad.
Thereafter on 28.9.2010 Ms. Rejina Bibi, widow of the victim and two other
persons namely Mr. Abdul Sk. and Mr. Almin Sk., all residing at
village-Bharatpur, District-Murshidaba d were served with notice to appear
before the Additional Chief Judicial Magistrate, Kandi, Murshidabad on
29.9.2010 at about 3 pm to express their statement before the said judicial
magistrate as he was holding an enquiry on the custodial death of the
victim. The said persons duly met with the Additional Chief Judicial
Magistrate, Kandi, Murshidabad and expressed their definite apprehension
that there was foul play in the custodial death of the victim and he had no
such serious physical ailment to cause his untimely death.
On 18.10.2010 Ms. Rejina Bibi, widow of the victim sent one written
complaint through courier service to the Superintendent of Police,
Murshidabad complaining that there was foul play in the custodial death of
her husband (the victim) and she demanded that the concerned personnel of
the said correctional home must be punished for causing death of her
husband.
Our fact finding team talked with Ms. Rejina Bibi, widow of the victim and
other relatives and they told our fact finding team that on 26.9.2010 at
about 3.30 pm Ms. Rejina Bibi and her son in-law namely Mr. Kismat Sk. and
Mr. Md. Rejaul Haque were at Kandi Correctional Home, Kandi to meet with the
victim. But they were soon informed by the relatives of the other prisoners
of the correctional home that the victim in death like condition was taken
outside the correctional home by two jail wardens of the said correctional
home in a motor van. Then they were informed by one relative of another
prisoner that the victim was taken to Kandi Sub-Divisional Hospital. They
immediately rushed to Kandi Sub-Divisional Hospital, and found that the body
of the victim was lying unattended on a floor of the hospital. Then some
persons (identity not known) at the said hospital informed them that the
victim was brought in death like condition and the doctor declared him
'brought dead' before one hour ago and the jail wardens who brought him left
the place leaving him there.
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail :
kirityroy@gmail.com Web: www.masum.org.in