Friday, January 01, 2010

one custodial death and denial of legal mandate by the criminal justice administrators

West Bengal

Name of the victim: Ucharan Roy (deceased) son of late Sankar Roy, aged about-27 years, by faith-Hindu, residential address at Bijoyram Ghoshpara, Police Station & District-Burdwan, West Bengal, India.

Name of the perpetrators: (1) The Superintendent of Alipore Central Correctional Home, Alipore, Kolkata; (2) Mr. Sujit Kumar Mitra, Assistant Commissioner of Police (II), Kolkata.

Place of incident: At Alipore Central Correctional Home, Police Station-Alipore, Kolkata, District-South 24 Parganas.

Date of incident: On 22.12.2009

Fact Finding Details:
The victim Ucharan Roy imprisoned at Alipore Central Correctional Home allegedly committed suicide on 22.12.2009. Alipore Central Correctional Home falls under the jurisdiction of Alipore Police Station. He was reportedly imprisoned at the said correctional home for last two years and earlier he was detained Burdwan Sub-Divisional Correctional Home, District-Burdwan. He was reportedly convicted in a criminal case lodged by her wife and mother-in-law.

On 22.12.2009, Ms. Fuli Roy, the mother of the victim came to visit her son at Alipore Central Correctional Home and upon arrival the officers of the said correctional home told her that her son committed suicide inside the correctional home. She was taken to the spot of incident and she found that the body of her son was hanging. Then one officer came and he examined the body. Then his body was sent to hospital. She stayed at the compound of Alipore Police Station for the whole night and in the next morning i.e. on 23.12.2009 she went to Kolkata Police Morgue along with her son-in-law Mr. Ujjal Santra. Our fact finding team met with them at Kolkata Police Morgue and came to know the above noted facts.

Our fact finding team also gathered information that the unnatural death of the victim was registered vide Section-V, G.D.E. no. 1904 dated 22.12.2009 at Alipore Police Station. The post mortem examination of the victim Ucharan Roy was held at Kolkata Police Morgue vide P.M. no. 1126 dated 23.12.2009.

Our fact finding team met with a police officer of Alipore Police Station at Kolkata Police Morgue and from his mouth came to know that the inquest upon the body of the victim was done by Mr. Sujit Kumar Mitra, Assistant Commissioner (AC ll), Kolkata Police.

Our fact finding team tried to confirm whether any inquiry by any judicial magistrate was done upon the custodial death of the victim in view of Section 176(1-A) of Criminal Procedure Code and during our such effort Alipore Police Station was contacted over telephone on 1 January 2010 at about 11 am in the morning. Mr. J. Mondal, Sub-Inspector of Police of the said received the call. The said police officer, on being asked whether any inquiry by any judicial magistrate was done upon the custodial death of the victim, told that Mr. Sujit Mitra, Assistant Commissioner (AC-II), Kolkata Police conducted the inquiry by order of the Chief Judicial Magistrate, Alipore, Kolkata.

Our fact finding team during fact finding effort could get one photocopy of the disposal order certificate of the victim and we noticed in the photocopy of the disposal order certificate that it was written as “...Magistrial Inquest No. 157 dt. 22.12.2009” though as per information provided to our fact finding team from Alipore Police Station as mentioned above there was no inquiry/inquest by any magistrate.

Our fact finding team tried to get copy of alleged ‘order’ of the Chief Judicial Magistrate, Alipore, Kolkata under which the police officer held the inquiry into the death victim but the team though several efforts was not successful in getting the same.

Report by:

Kirity Roy

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