Dear friends
The Asian human Rights Commission (AHRC) has received information that a man died in police custody at the Hogelberia Police Station in West Bengal, India. The reason of his death is clear and the police have not yet taken serious action to investigate on this matter. Your urgent action is required to pressure local authorities to investigate immediately on this case.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
A man died in police custody at the Hogelberia Police Station
– Name of the victim: Mr. Deben Sardar, son of late Budu Sardar (46 years old)
– Address of the victim: Sardarpara, Arabpur Nadi District, West Bengal, India
– Perpetrators: Police officers attached to the Hogelberia Police Station
– Date of incident: from 12 October to 13 October 2003
At about 7:00pm on 12 October 2003, Deben Sardar, 46, of Sardarpara, Arabpur, Nadia District, West Bengal was arrested by the police from the Hogalberia Police Station. Deben Sardar, who is a labour worker from a tribal community called Santal, was a married man with six sons, and he was the breadwinner of his family. He was arrested along with four other friends, Vadu Sardar, Stefen Sardar, Suren Sard and a person whose name is not known. At the time of arrest, they were playing cards in a public place at Hogalberia, a remote village, at the Indo-Bangladesh border, which is about 200kms from Calcutta.
Allegedly, the arrest was made for an offence under section 290 of the Indian Penal Code (causing public nuisance), which is a petty offence and bailable. The maximum punishment for this offence is a fine of Rs. 200 (US$ 4). The police arrested Mr. Deben and his friends a violation of police procedure. They were not informed as to why they were arrested. None of their families were informed of the arrests. Mr. Deben and his friends were thrown into the police jeep and were taken to the Hogalberia Police Station. They requested bail but the police refused and all of them were put in the lockup.
The family members of Mr. Deban only came to know about his arrest the next day at noon. The police informed Deben¡¯s family that Deben was brought to the hospital at about 9:45am. He died at 1:45pm at the hospital. It is alleged that Mr. Deben developed some illness while in custody and he succumbed to this illness in hospital. However, Mr. Deben had no previous history of serious ailments.
By this time, Mr. Sogata Roy, the Officer-in-Charge of Hogalberia Police Station, released all of the four co-accused who were arrested along with Deben. The Sub Divisional Officer of Tehatta conducted an inquest on Deben¡¯s body. There were at least two external injury marks over Deben¡¯s abdomen, which was absent prior to arrest. The police, as well as the civil administration, are now trying to cover up the death without revealing the post mortem report, and no serious action has been taken by the police.
It is common in India for the police to arrest people at random and to torture them while in custody. In this case, all mandates regarding arrest were violated and the family members were not informed about the arrests of the victims. Had the family of the deceased been informed in time regarding the arrest, they could have at least known the actual cause of death. The manner in which the police and the civil administration are behaving after the arrest casts a shadow upon the entire incident. It is very unlikely that they will have access to the post mortem report in this case.
SUGGESTED ACTION:
Please send a letter, fax or e-mail to the addresses below expressing your concern about this serious case.
1. Dr. P.P.J. Abdul Kalam
President
Office of the President,
Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in
2. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in
3. Mr. Buddhadeb Bhattacharya
Chief Minister
Government of West Bengal
Fax: +91 33 22145480
Email: cm@wb.gov.in
4. Shri Justice Mukul Gopal Mukherji
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
5. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: <mailto:secrt.hchr@unog.ch>secrt.hchr@unog.ch
