UPDATE (India): Calcutta high court instruct the West Bengal government to inquire into custodial death of a young man 

The Asian Human Rights Commission wants to share an update with you regarding the case of Soumyendu Mondal, who was allegedly tortured to death by the Kharagpur police in Midnapur District, West Bengal, India on about 7 July 2004 (See further: UA-87-2004).

According to the information we have received, on 19 January 2005 the Calcutta High Court ordered the Director General & Inspector General of Police of the Government of West Bengal to conduct an inquiry into this matter within one month and furnish the report before the Court. The case was heard on the day after the victim’s mother moved a writ petition regarding the custodial death of Soumyendu before Calcutta High Court. The next case hearing is set for 21 February 2005.

While the court order is a great victory for the victim’s family, we are now concerned whether the inquiry will be conducted fairly and impartially. The Kharagpur police had already attempted to burn the victim’s body on 9 July 2004 to destroy the evidence, after the victim’s family, who suspected foul play by the police, filed a complaint on the previous day at the local criminal court demanding inquiry into the victim’s death.

We urge you to write a letter to the Chief Minister & Home Minister of West Bengal and request him to ensure that the inquiry into the case be conducted thoroughly and fairly.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFOMRATION:

Name of the victim: Soumyendu Mondal, aged 32 years
Address of the victim: Jagul Village, Arjuni Panchayat, Midnapur District, West Bengal, India
Alleged perpetrators: 1) Mr. Apurba Nag, the officer in charge (O.C.) of the Kharagpur Police Station and alleged main culprit of the incident 2) Several officers attached to the Kharagpur Police Station 3) Mr. Goel, the Superintendent of Police (S.P.), Midnapur
Date of incident: 6-7 July 2004
Place of incident: While the victim was in custody of the Kharagpur police from his house to the police station in Midnapur District, West Bengal, India

Soumyendu Mondal was allegedly tortured to death while in custody of the Kharagpur police during 6-7 July 2004. The victim’s mother, Ms. Biva Mondal, moved a writ petition before Calcutta High Court demanding a proper investigation into her son’s custodial death. The preliminary hearing of the case was held at Calcutta High Court on 19 January 2005.

The Court was astonished after learning from an advocate appearing for state that to-date Soumyendu’s family has not been informed about the actual cause of the victim’s death even several months after the incident. The Court also expressed its concern as to why this incident was not properly investigated for more than five months since the victim’s death. The Court then ordered the Director General & Inspector General of Police of West Bengal to conduct an inquiry into Soumyendu’s case and to submit the inquiry report before the court within one month, and set the first hearing of the case for 21 February 2005.

Welcoming the decision made by the Calcutta High Court, with regard to a proper and impartial inquiry into this case, the AHRC urges the West Bengal State Government to ensure that:

– the inquiry is conducted thoroughly and fairly by an independent agency in the state police department.
– the victim’s family is informed about the process and result of every inquiry into the incident.
– the inquiry report is opened to public including the victim’s family, as the Supreme Court of India declared the right to information as a fundamental right guaranteed by the Indian Constitution.

With regard to the alarming high rate of custodial deaths in India, we also urge the Government of India state government the following:

1. When a magistrate conducts an inquest into a custodial death, as mandated under Section 176 of Criminal Penal Code of India, the inquiring magistrate must take statements about the incident from persons, including the victim’s family, co-detainees and the doctor/s who examined the victim’s body, in order to obtain the facts of the case. In India, magistrates usually only take the police version and finalize their inquest report without a proper inquiry.

2. If there is any departmental inquiry made regarding the detainee (or under trial prisoners) in police custody, the report must be made to public.

3. The Government of India must conduct a thorough inquiry into the matter of a custodial death and establish realistic and effective mechanisms in the country to prevent such violence based on the findings of the report.

BREIF REMINDER OF THE CASE:

Soumyendu Mondal (32) was arrested at his house by police from Kharagpur Police Station at midnight on July 6-7, 2004. Soumyendu was then brutally tortured in the police custody. On July 8, 2004, the police informed the victim’s family that Soumyendu had died due to cardiac failure. The victim’s family alleges that Soumyendu died due to torture by the police.

Suspecting foul play, Soumyendu’s family filed a complaint on July 8 at the local criminal court demanding an inquiry into the custodial death of Soumyendu. The Kharagpur police attempted to burn the victim’s body on July 9, but the local villagers intervened and they buried Soumyendu’s body under the soil in order to preserve the injury marks on his body. The authenticity of post-mortem report is also doubtful. It was not made available to the victim’s family and it is easy for the police to get reports in their favor since the post-mortem is conducted at the instruction of the police.

On July 14, 2004, the S.P. Mr. Goel issued an order of transfer of Mr. Apurba Nag, the officer in charge (O.C.) of the Kharagpur Police Station and the alleged main culprit of the incident. However, the victim’s family and human rights groups criticized this act saying that the higher ranking officers were trying to shield the perpetrators. (Reference: UA-87-2004).

SUGGESTED ACTION:
Please send a letter to the Chief Minister and Home (Police) Minister of West Bengal and urge him to ensure that a thorough and fair inquiry be conducted into this serious case.