INDIA: A suspicious death of a man who was in custody of the Belghoria police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its partner organization in West Bengal, Manabadhikar Suraksha Mancha (MASUM), about the custodial death of Mr. Barun Chattopadhyay at the Belghoria Police on 27-28 September 2004.

The police claim that the victim committed suicide in the lock-up by hanging himself, but the victim’s family believe that the police are trying to cover up the actual circumstances of his death. The family reported that they found injuries on the victim’s head and face, but the postmortem was conducted in haste and in an improper way. The family also complained that the police did not inform them about the victim’s arrest, which is their mandate instructed by law. The family came to know about the victim’s arrest, only after the police informed them about his death the next day. ?lt;br />
Your urgent intervention is required to urge the government of India to intervene in this case immediately. Please send a letter to the government of India demanding an immediate and thorough investigation into this case to find out the real circumstances of the victim’s death. Please also request them to ensure that a postmortem of the victim should be conducted by qualified and independent doctors and that adequate compensation should be given to the victim’s family.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Mr. Barun Chattopadhyay, 45 years old, married with two daughters, residing in No. 28, Abdul Latiff Street, Kolkata, Rathtala
Alleged perpetrators: Officers attached to the Belghoria Police Station
Dates of the incident: 27-28 September 2004
Place of the incident: Belghoria Police Station in North 24-Parganas, West Bengal, India

Case details:

Mr. Barun Chattopadhyay (45), popularly known as Pakhi in the locality, was arbitrarily arrested by the police on 27 September 2004, and found dead in the lock up at the Belghoria Police Station the following day.

Mr. Barun Chattopadhyay has been looking for employment after his workplace, the Bengal Pottery, closed down several years ago. In the morning of September 27, he left the house to seek work as usual. However, his family was informed by the Belghoria police the next day that he had committed suicide in the lock-up while he was in their custody.?

According to the police version, the police arrested Mr. Barun Chattopadhyay at a local liquor outlet at about 10:35pm on September 27, and put him into the lock up at the Belghoria Police Station. The police claimed that Mr. Barun Chattopadhyay was found dead on September 28, having hung himself with the string from his underwear.

However, Mr. Barun Chattopadhyay’s family and his neighbors have challenged the details of the police report. The victim’s family reported that when they saw the victim’s body, they noticed there were injuries on his head and face. They added that there was an impression of a thick rope on the victim’s neck, clearly larger than the string that the police insisted the victim had used for his suicide.

The family’s suspicion was deepened when the postmortem of the victim was conducted in haste. They believe that the postmortem was conducted in favor of the police in connivance with the doctor, and that the police are trying to hush up the circumstances of the victim’s death. However, the police still maintain their original statement that Mr. Barun Chattopadhyay committed suicide, and have refused to take any action to initiate inquiry into the incident.

The victim’s family also argues that the police arbitrarily arrested Mr. Barun Chattopadhyay without any reason in order to reach the quota that is allocated to the police each month. The family insists that cannot think of any reason for the victim’s arrest, as he had no criminal record. The family further argue that the police did not inform them about the victim’s arrest which is the police’s mandate strictly instructed by law. The family maintains that they only came to know about the victim’s arrest the next day when the police informed them of his death. This act is in clear violation of D.K. Basu’s judgment of Supreme Court reported in AIR 1997 SC 610 that strictly specifies the procedure of arrest by the police.?

After learning of the incident, outraged local people protested in front of the police station, calling for an immediate and thorough inquiry into the case and punishment of the culprits. Mr. Manas Mukhopadhyay, a local member of Legislative Assembly (M.L.A.) of Kamarhati, told the people that the police could not avoid their responsibility regarding this case and that he would intervene into this matter to find out the real circumstances of the victim’s death. But no serious action has yet been taken by the police to investigate this case.?

The AHRC is deeply concerned about the custodial death of Mr. Barun Chattopadhyay. AHRC urges the government of India to order an immediate and proper inquiry into this case and take legal/disciplinary action against the responsible officers of the Belghoria Police Station. A proper and independent postmortem of the victim should be conducted by qualified doctors and its report should be accessible to the public, including the victim’s family.

It is regular practice of all police stations in West Bengal that the police arbitrarily arrest innocent and poor people to fill up the quota. Ironically, the police have tried to show that they are vigilant and maintain law and order by way of allotting a definite number of arrests monthly, irrespective of the incidents.

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