Asian Centre for Human Rights

Subject: Complaint against the custodial death of Mr Deben Sardar, 46, of Sardarpara, Arabpur, Nadia District, West Bengal in the custody of the Hogalberia Police Station on 12 October 2003.

Dear Justice Anand,

I am writing pertaining to the custodial death of Mr Deben Sardar, 46, of Sardarpara, Arabpur, Nadia District, West Bengal in the custody of the Hogalberia Police Station on 12 October 2003.

On 12 October 2003, the police from the Hogalberia Police Station arrested Deben Sardar, 46, of Sardarpara, Arabpur, Nadia District, West Bengal. Mr Sardar is a labourer 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 Sardar 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. Sardar only came to know about his arrest the next day at noon. The police informed Sardar'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 Sardar developed some illness while in custody and 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 Mr Deben Sardar. The Sub Divisional Officer of Tehatta conducted an inquest on Deben Sardar's body. There were at least two external injury marks over Deben Sardar'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.

I shall be grateful if the NHRC could kindly intervene and issue the following directions:

- Direct the State government of West Bengal to suspend OC Sugata Roy and all other police personnel for the custodial death of Mr Deben Sardar;

- Direct the State government West Bengal to pay an interim compensation of Rs 500,000 (five lakhs) to the family of Mr Deben Sardar and that the same be recovered from the guilty police personnel;

- Direct the State government of West Bengal to submit all the post mortem reports pertaining to the custodial death of Deben Sardar;

- Establish a legal cell within the NHRC for prosecution of the culprits responsible for custodial death;

- Direct the Government of India to ratify the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and

- Take any other measures that the NHRC deems fit.

Looking forward to your kind intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director