Muslim person died in custody : Delayed Post Mortem
Mr. Anwar Mondal was
an accused of a criminal case; vide Gopal Nagar Police Station (PS), case
number 297/08 dated 08.11.2008 under sections 399 (preparation for
committing dacoity) /402 (assembling for purpose of committing dacoity) of
Indian Penal Code (IPC). On 4th July 2010 he was arrested by personnel of
Bongaon PS and was taken to the police station by a motorcycle. The
arresting police party did not follow the guidelines as framed by the
Supreme Court of India i.e. D K Basu judgment. It was reported by the family
that one Warrant Babu and Dak Master Mr. Narayan came to their home by the
said motorbike. Next day, i.e. on 5th July 2010 he was produced before the
Additional Chief Judicial Magistrate (ACJM) of Bongaon. The defence lawyer
moved bail petition for him but the same was rejected by the said
Magistrate. Mr. Anwar was sent to Bongaon Subsidiary Jail by Magistrate’s
order.
On 6th July 2010 Mr. Saheb Mondal; son of Anwar Mondal visited his father at
the jail. Anwar told his son that he was under severe pressure for paying
bribe of Rupees 3000/- to the Jailor. He also informed that the jailor
himself pursuing the demand through the convicted inmates of the jail. He
was being physically assaulted by few of the inmates having direct instance
from the jailor and further informed to his son that making his life
comfortable the money should have to be paid. On 8th July a fresh
application for bail was moved for Anwar before the ADJ of Bongaon Court.
His family members were present at the ACJM court of Bongaon for organizing
his bail application.
On 8th of July the trial judge Mr. Lakkhi Kanta Das; Additional District
Judge of Bongaon Court, heard the bail petition moved by the defence lawyer
for Anwar vide CMC No. 307/10, which was opposed by the public prosecutor;
Mr. Krishna Gopal Roy and the said judge granted Anwar bail but appallingly,
the person was died well before. The incident only proves the dismal
condition of criminal justice system. Anwar was in judicial custody while
died but as usual for the related judiciary, his existence and wellbeing was
not a concern.
The family members of Anwar, while present at the court premises overheard
some media persons while talking that one under trial prisoner namely Anwar
Mondal died at Bongaon Subsidiary jail in the morning of the very day. Saheb
Mondal and few family members rushed to the jail gate and came to know that
around 8.45 am on that day, Anwar was sent to Sub Divisional Hospital at
Bongaon. It was also alleged that body of Anwar was sent to Sub Divisional
Hospital by the Jail authority while he was found dead. Doctor D Mazumder,
attached with the Hospital declared him as dead and after keeping the body
for 3 hours made the certificate of death. An unnatural death case has been
initiated vide Bongaon PS U/D Case No. 191/ 10 dated 8.7.2010. Mr. Manindra
Nath Sarkar; Executive Magistrate; conducted the inquest over the body at
Bongaon PS.
Mr. Saheb Mondal lodged a written complaint before the Inspector-in-Charge
of Bongaon PS against the Jailor of Bongaon Subsidiary Jail. On basis of his
complaint a criminal case was initiated at the said police station against
the Jailor, Bongaon PS Case No. 309 dated 08.07.2010 under sections 384
(commits extortion)/304 (commits culpable homicide not amounting to murder).
Our fact finding team got information that on 8.7.2010 at around 8.45 am
Anwar was sent to the Hospital by Dr. P. K. Chattopadhyay, Doctor attached
with Bongaon Subsidiary Jail without any medical documents. Only around at
2.25 pm of that day those medical papers were sent to the Hospital. It was
an example of sheer irresponsibility by the authorities of that jail. Though
on regular basis PM Examinations were being done at Bongaon Sub Divisional
Hospital, but in this case, PME over the body of Anwar was not done.
On 9th July around 13.00 hrs the dead body was sent to Nil Ratan Sarkar (NRS)
Medical College & Hospital for Post Mortem Examination (PME), the body was
brought to the said hospital by the Investigating Officer, Mr. Animesh Bala,
Sub Inspector of Police, of the said U/D case attached with Bongaon police
station. Again we noticed not only complete irresponsible attitude by the
doctors of NRS Medical College & Hospital and violating the procedures
related to PME in case of custodial death. Dr. (Prof) Tapas Kumar Basu, Head
of Forensic Department, NRS Medical College & Hospital entrusted Dr. (Ms)
Mouli Banerjee to conduct PME over the body of Anwar on 9th July. The PME
was not done on that day because Dr. (Ms) Mouli Banerjee denied to perform
her duty. On 10th July we sent an application to the Superintendent, NRS
Medical College & Hospital for conducting PME without further delay and it
was done on that day by Doctor Swapan Kumar Bhowmick; NRS Medical College &
Hospital. No judicial enquiry has been initiated yet; which is mandatory in
any case of custodial death as per section 176 (1A) of Criminal Procedure
Code.
While on 9th July, we contacted Mr. Abdullah Kamal, Jailor of Bogaon
Subsidiary Correctional Home and an accused of the Bongaon PS Case No. 309
dated 08.07.2010 under sections 384 (commits extortion)/304 (commits
culpable homicide not amounting to murder), he summarily declared that Anwar
was a substance addicted and died due to withdrawal. The eye witnesses of
the case informed us verbally that there were injury marks on left leg and
left arm caused due to hitting by a blunt log.
On 14.07.2010, Ms. Rina Talukdar, Judicial Magistrate of Bongaon taken
statement from Ms. Anura Bibi, widow of Anwar Mondal first time in which
Anura Bibi recorded that her deceased husband was never an addict and he was
beaten to death by the said Jailor.