Custodial Death:Family was informed of arrest after his death

 Sat, Feb 22, 2014 at 10:49 AM

21 February 2014

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi - 110023

Respected Sir,

We have received information that one under trial prisoner namely Ansar Ali, son of late Noor Islam Ali of village-Narayanpur, Post Office-Berbari, Police Station-Airport, District-North 24 Parganas, West Bengal died on 15.2.2014 at about 11.50 am at the inside hospital of Dum Dum Central Correctional Home, North 24 Parganas. He was detained in the said correctional home as Under-Trial Prisoner (UTP) in connection with one criminal case i.e. Lake Town Police Station Case no. 28 dated 27.1.2014 under section 379/411 of Indian Penal Code.

We have conducted a fact finding in this custodial death and gathered following information that the deceased victim was drug addict and he used to commit petty thefts when money was required to get drugs. He expired leaving behind three children. He used to live at his sister’s house with one child and his wife lives at her father’s house with two children.

On 18.2.2014 at about 1 pm our fact finding team contacted with the Superintendent of Dum Dum Central Correctional Home and he stated that the deceased was a drug addict and he fell ill from the evening on 14.2. 2014 and he expired at the inside hospital of the correctional home on 15.2.2014 at about 11.50 am. He also pointed out that the deceased was under-weight and also suffering from malnutrition when he was admitted in the correctional home. 

One unnatural death case has been registered at Dum Dum Police Station vide Dum Dum Police Station U.D. Case no. 17/2014 dated 15.2.2014. One information is received that one judicial magistrate namely Mr. Nirbhoy Tamang (Judicial Magistrate, 3^rd Court under ACJM, Barrackpore) conducted inquest on the body of the deceased. The Superintendent of Dum Dum Central Correctional Home sent a message (SIGNAL 1280/RB DT 15.2.14) to the Officer-in-Charge of Airport Police Station for presence of the relatives of the deceased at the time of inquest, but due to delay in sending the information the relatives of the deceased could not be present at the time of inquest of the deceased.

The family members of the deceased received information of his death on 16.2.2014 at about 9.45 am from the police of Narayanpur Police Out-Post under Airport Police Station. The relatives of the deceased stated before our fact finding that no information was given to them either by the police or the officials of the correctional home that the deceased was arrested and detained in the correctional home in connection with a criminal case.  The family members of the deceased had to fulfill the exorbitant monetary demands at the Barrackpore police morgue to release the body of the deceased.

The facts and circumstances in this matter revealed the shocking truth that in practice the prison officials are not diligent to take proper care and attention of the jail inmates. The prison officials of Dum Dum Central Correctional in spite of having knowledge that the deceased victim was a drug addict and his physical condition was not healthy they detained him in the correctional home in gross violation of Section 74(4) of the West Bengal Correctional Services Act, 1992. The death of the victim reveals that he was not under proper care and medication and we assume that no effort was made to de-addict him, no effort was made to communicate the concerned court on his health condition, no effort was made to release him on bail on consultation with the concerned Legal Aid Committee and no effort was made to communicate his health condition to his family members by the prison officials of Dum Dum Central Correctional Home. 

We understand that several initiatives are going on in the name of Prison Reforms from the money of our taxpayers but in reality the jail inmates are not benefitted by such initiatives due to ongoing negligence and apathy of the prison officials.

Hence we demand that the whole matter must be investigated by one neutral investigating agency preferably by the Commission’s own investigating wing and appropriate recommendations must be passed to punish the prisons officials of Dum Dum Central Correctional Home on finding their negligence, improper care and illegal acts leading to untimely death of the deceased victim.

Your kind intervention and action in this matter would be highly solicited.

Thanking You,

Yours truly

  

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI  

      Ansar Ali's sister's house where he lived 

   Widow of Ansar 

-- 

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

-- 
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