14 June 2013
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
On 14th February 2013, we made a complaint to your Commission on illegal detention, custodial torture and subsequent death of Safiqul Haque, but till date we have not received any information about the registration of the case from the Commission. The deceased was attached with an opposition political party of the state; Indian National Congress. The incident created ripples amongst the people of Murshidabad district and widely reported in regional media. The deceased was arrested from a mosque while he was performing prayer (nemaj) at the early morning by none other than the Superintendent of Police; Murshidabad. The person was accused of a criminal charge related to murder and a de facto complainant in a similar case.
His wife alleged that, he was severely beaten at the police stations while he was illegally detained in different police stations in subsequence, every procedure of arrest, medical care to an inmate/ accused, detention of an accused has been violated, further after his death, the inquest was made by an executive magistrate instead of a judicial magistrate which was in clear violation of set procedure. The person was deprived off medical care at prison, resulted to his death.
The deceased’s wife; Ms. Sakina Bewa lodged a written complaint to the District Magistrate, Murshidabad on 11 January 2013 alleging that the police tortured the deceased and not provided with proper medical care which resulted to his death.
Update information
I want to draw your kind attention on the continuous threats upon the family members of the deceased, physical torture meted upon the son of the deceased and false implication of criminal charges against the son of the deceased; Mr. Rafikul Alam by the police personnel of Nabagram Police Station. As alleged by the wife of the deceased; Ms. Sakina Bewa that while the District Magistrate directed for an investigation over the custodial death of her husband, the local police of Nabagram police station came heavily on her family. The police personnel of Nabagram Police Station started visiting the household frequently and each and every time made pressure to the members of the family to withdraw the complaint before the District Magistrate. But showing courage, the family refused to budge from their position.
On 11th May 2013 at about 5 am, the Officer-In-Charge along with 10/12 police personnel from Nabagram Police Station forcibly trespassed into the house of Ms. Sakina Bewa while the family members were fast asleep. The police party was without any women police. The police personnel wake them up from sleep and forced them to stand at the courtyard of the house. They pressurized the family members of the deceased to sign on blank papers. The police personnel then pushed all female members of the family to a room and locked the room from outside while they shown their disagreement to put signature on those blank papers. Thereafter, the raiding police party physically assaulted the deceased’s son; Mr. Rafikul Alam, subsequently the police personnel forcibly dragged the deceased’s son to their parked car. Later, the family members alleged that under order of Mr. Humayun Kabir, IPS; Superintendent of Police; Murshidabad police party took him to various places of Murshidabad for two days without producing before Magistrate and repeatedly threaten him and asked him to sign in a blank paper. But he refused. It was alleged that then after Mr. Humayun Kabir implicated him in a false criminal case; vide Nabagram Police Station Case No. 20/2013 dated 13/05/2013 under sections 147/148/149/332/353 of Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act, 1984. On14. 5. 2013 he was produced before the Lalbagh ACJM Court and sent to judicial custody. On 17.05.2013, Ms. Sakina Bewa; wife of the deceased and mother of Mr. Rafikul Alam lodged a written complaint before the District Magistrate, informing him about the whole incident, but no actions have been taken by any authority, till date. On 21st May, 2013 Rafikul released on bail.
Hence we seek your urgent intervention: -
· The family must provided with ultimate security and safety
· Illegal detention and custodial torture of Mr. Rafikul Alam must be investigated by the Commission’s own investigating team, as the involvement of Superintendent of Police; Murshidabad has been alleged and revealed
· The police personnel including the Superintendent of Police; Murshidabad Mr. Humayun Kabir, IPS must be booked under the law with a specific and appropriate criminal charges
Thanking You
Yours truly
Kirity Roy
Secretary, MASUM &
National Convener, PACTI