Unnatural Death in Custody

   We conducted fact finding on the custodial death of a prisoner at Alipore Central Correctional Home, Alipore namely Mr. Ucharan Roy who allegedly committed suicide in prison on 22.12.2009.

Our fact finding reveals that one inquiry was done by an Assistant Commissioner of Police, Kolkata Police and there was no inquiry by any Judicial Magistrate.  In this particular case we found that the so called inquiry was done the said police officer reportedly under ‘order’ of the Chief Judicial Magistrate, Alipore. Our attached fact finding report gives details of the incident.

The holding of inquiry by one Judicial Magistrate in case of custodial death of a person in addition to the inquiry or investigation held by police is mandatory under Section 176(1-A) of Criminal Procedure Code. But in this case such requirement of law was reportedly dishonored in practice by the Chief Judicial Magistrate, Alipore in allowing a police officer to hold inquiry instead of a judicial magistrate. The police officer being a part of the our legal system and bound to follow the law blindly carried out the alleged order of the said magistrate without slightest hesitation. 

The entire exercise of the administration, police and the judiciary in the incident of the victim reminded us one previous incident where we conducted our fact finding and it revealed that Paran Molla (deceased), son of late Jamat Al Molla, aged about 55 years, of Bhagabanpur village, Post Office: Pakagola, Police Station: Kashipur, District: South 24 Parganas died in police custody of Kashipur Police Station on 22.03.2008. His body was kept at morgue without holding any inquiry and post mortem examination due to ongoing conflict between judicial magistrate and executive magistrate over the holding of inquest in cases of custodial death. Ultimately on 27.03.2008 at about 15:30 hours in afternoon inquest was done by the Executive Magistrate namely Mr. Rashbihari Das, Alipore instead of any judicial magistrate. 

Any unnatural death in custody, whether homicidal or suicidal in nature, the custodian can not deny their responsibility and any lapse in fulfilling such duty, must be brought under legal consequences.

The incident of the victim again proved that the law is incapable of granting succor to the victims of custodial violence as the saviors of citizen’s rights pays no heed to the law and entire exercise on the part of the government officials and judicial authorities on this issue proves the arrogance of the entire system in refuting to implement the legal procedure and abide by the rule of law with which they are not comfortable. All these go to show that the scant respect for rule of law, gradually or ultimately.

We demand that in all cases of custodial deaths, the inquiry must be conducted by Judicial Magistrate. Since now, where the Executive Magistrates and the police have conducted inquest over custodial deaths after the introduction of the new amended provisions of the Code of Criminal Procedure law so far, the persons responsible for such lapse must be identified and properly dealt with for dereliction of their duties.  

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