Particulars of the victim: - Mr. Ketabul Seikh (deceased), son of Late Rustam Ali, aged
about – 24 years, by faith-Muslim, by occupation- car driver, residence
at
village – Natatala, Post Office – Paharpur, Police Station-Lalgola,
District-Murshidabad,
West Bengal, India.
Particulars of the perpetrators: - (1) Mr. Debasish Sarkar, Mr.
Debabrata Sarkar, Mr. Kajal Babu, Mr. Rontu Babu (Constable), Subhasis
Ghosh
and the other involved
police personnel of Lalgola Police Station; (2) The Superintendent of
Labagh
Sub-Divisional Correctional Home, Lalbagh; (3) The Superintendent of
Berhampore
Central Correctional Home, Murshidabad and (4) The Superintendent of
Alipore
Central Correctional Home, Kolkata.
Date & time of incident: - On 09.08.2012 and subsequent thereafter.
Case Details:-
It
is revealed during the fact finding that the victim belonged from a poor
family.
He was a part time truck driver. On 09.08.2012 he was arrested by the
police personnel
of Lalgola Police Station from Lalgola Bus Stand with other three men
who were
also come there for finding a suitable job for them. Thereafter all of
them
were taken to police station. Reportedly he was tortured in the police
custody
as well as by the police personnel led by Mr. Debasish Sarkar
(Officer-in-Charge).
He was implicated Lalgola Police Station Case No. 407/2012 dated
09/08/2012
under sections 397/411/413/ 414 of Indian Penal Code. On the same date
the
victim’s family members came to the police station but they were also
threatened by the police personal. The police personnel physically
tortured the
victim in front of his family members and moreover the torture continued
upon
him whole night on that day.
On
10.8.2012 he was sent to Additional Chief Judicial Magistrate, Lalbagh
Court with
the other accused persons. His application for bail was rejected and he
was sent
to judicial custody at Lalbag Sub – Divisional Correctional Home fixing
18.8.2012 for his further production before the court. In the mean time
the victim’s wife went to
the said Correctional Home but she was informed that the victim was
shifted to Beharampur
Central Correctional Home. When the victim’s wife went to Beharampur
Correctional Home with the help of her relatives she was informed that
there
was no such person in the victim’s name detained there. The victim’s
wife was
allowed to search the victim inside the said correctional home but she
could
not found her husband there. On 18.08.2012 the victim was not produced
before
the court.
On
19.08.2012 the victim’s family received information that he died at
National
Medical College & Hospital, Kolkata. On 20.8.2012 the family members
of the
victim went to the said hospital and received the body of the victim.
The
disposal certificate of the victim disclosed that the victim was
detained at
Alipore Central Correctional Home, Kolkata before his admission to the
hospital. Beniapukur Police Station registered one unnatural death case
vide
Beniapukur Police Station Inquest no. 547/2012 dated 20.8.2012. The post
mortem
examination of the victim was held at the Police Morgue at N.R.S Medical
College & Hospital,
Kolkata. Though the victim died when he was still under judicial custody
at
Alipore Central Correctional Home, Alipore, Kolkata but no enquiry by
any judicial
magistrate was held on the custodial death of the victim in compliance
of
provisions of Section 176(1-A) of the Criminal Procedure Code. Our
fact finding revealed that Mr. Amiya Kumar
Lahiri, Assistant Commissioner of Police, ACP-1 of Kolkata Police was
entrusted with
inquest, which was against the law. The
victim’s
family did not get the post mortem examination report of the victim till
date.
On 31.8.2012 the victim’s family lodged written complaint before the
Superintendent of Police, Murshidabad for enquiry into the custodial
death of
the victim but till date there has been no action.
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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