Backward class Muslim youth died in custody mysteriously, need thorough investigation
Kirity Roy
14 May 2024
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block – C, G.P.O. Complex, INA
New Delhi – 110023
Respected Sir,
I am writing to bring to your attention a grave matter of human rights violation concerning the custodial death of Daud Seikh, a 27-year-old youth from Village- Hausnagar, Police Station – Samshergunj, District - Murshidabad, West Bengal;
Daud Seikh, son of Mr. Mainul Seikh belonged to the Oppressed Backward Caste of Muslim community. Sabina Yasmin his wife and two infants of 7 and 2 years were dependent on him. Daud Seikh was a wage labour in every sense, as he had not possessed any piece of land and fend for his family by all sundry menial jobs. On 07.04.2024 at around 12:30 noon, he was apprehended by one Sub Inspector of Samshergunj Police Station; Mr. Prashanta Ghosh and 3-4 civic police personnel at Patani More of Hausnagar under Shamsergunj Police Station. While the arrest was made, the police party came at the place in a red colour police vehicle and they were carrying sticks and riffles. Mr. Sharif Seikh, son of Mr. Nur Seikh, a resident of Hausnagar was witness to Daud's arrest. It was reported that Daud was arrested on 07.04.2024, in connection with Shamsergunj Police Station Case No – 110/24. His arrest and subsequent death on 13.04.2024 raised 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 Shamserganj police to act as an ‘Informer’ but he refused the proposal. It was learnt that while Daud was arrested, the involved police personnel made physical aggression and verbal abuses to him.
Daud left his home on 07.04.2024 at around 7: 00 AM, in search of daily wage job, but did not return to his home on that day. The family members assumed that, he may get to work as helper of truck, which he used to do and went any far-off places of other state, which is regular phenomenon in his life. This assumption dissuaded to make any complaint to police. All of a sudden
On 13.04.2024 at around 2:45 PM, one Mr. Firoz Seikh, a civic volunteer of Shamserganj PS came to Daud’s home by a motorcycle and informed the elder brother of Daud; Mr. Lal Muhammad and wife of Daud; Ms. Sabina Yasmin that Daud has committed suicide by hanging himself at Jangipur Sub Divisional Correctional Home and his body was preserved at 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 to write down an application addressing the police station. The mentioned 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 enquired 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 neck and it was an unnatural death. Another doctor said that the deceased was brought to hospital as dead not alive while he was brought. The family has no knowledge about the person who made an inquest over the body. The post mortem examination was done at the mentioned hospital and the body was handed over to the family. The family members found many black bruise marks all over the body. The family members; the widow and father of the deceased suspected foul play and made an opinion that Daud was tortured to death, first at police station and then at judicial custody. The family is in complete dark about his whereabouts from 07.04.2024 to 13.04.2024.
On 15.04.2024, the widow went to Samsherganj Police Station to submit a complaint but attending police officials; Mr. Sumanta Kumar Das, an Assistant Sub Inspector and Mr. Santosh Haldar another Assistant Sub Inspector refused to accept and register her complaint, thereafter she submitted the complaint to the office of the Superintendent of Police; Jangipur Police District. From 7 April to 15 April the movement of Daud, the records belong with police and jail, including medical records, are vital to find out the truth behind the custodial death.
The family of the deceased, particularly his widow and other family members, is distressed and seeks 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 lastly his unnatural death, and those responsible for any wrongdoing must be held accountable.
Therefore, we kindly request the National Human Rights Commission to initiate an immediate and impartial judicial inquiry into the custodial death of Daud Seikh under section 176 (1) A of Cr.P.C.. 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. We also want to place the demand of investigation as suggested by the Istanbul Declaration and Minnesota Declaration.
We believe that your intervention is crucial in 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 Samsherganj police cannot be trusted. We trust that the National Human Rights Commission will take prompt action to investigate this matter thoroughly and provide justice to the aggrieved family.
Thanking you,
Sincerely Yours
(Kirity Roy)
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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