Asian Centre for Human Rights

Subject: Complaint against custodial death of a Dalit, Vasant Ravji Vankar who was found dead in the Sabarmati police station, Ahmedabad, Gujarat on 14 August 2003.

Dear Justice Anand,

I am writing to seek the intervention of the National Human Rights Commission against the custodial death of a Dalit, Vasant Ravji Vankar who was found dead in the Sabarmati police station, Ahmedabad, Gujarat on 14 August 2003.

Mr Vankar, who was a resident of Chandkheda, was arrested on a charge of theft in the evening of 14 August 2003. The police claimed that he had hanged himself.

But a huge group of Dalits including his family members alleged that there were injury marks on his body. The police did not inform even the family members that Mr Vankar was arrested.

The Joint commissioner of police (sector I) P C Thakur said: "This is a clear case of suicide and we have conducted all the formalities and even intimated the NHRC." Mr Takur stated, "this whole thing has been instigated by political elements since, there was nothing till Thursday morning."

Honourable Chairman, if NHRC were to conduct a study on custodial deaths in India, it would be found that most victims commit suicide "only" in the police lock-up according to the police reports. As the NHRC is aware, most victims are tortured to death in police lock up.

In addition, inability of the NHRC to investigate the cases of custodial deaths or follow them up properly has led to the belief amongst the police that their responsibility of the police ends with intimating the NHRC and conducting post mortem inquiries. As your honour is aware many doctors fudge post mortem inquiries for a host of reasons in violation of the medical ethics. Consequently, the police can cover up such custodial deaths.

If the NHRC is serious to arrest such problems, it must intervene by conducting a proper inquiry by its investigation in all cases of alleged suicides in police stations.

I shall be grateful if the NHRC could kindly intervene by taking the following measures:

- Direct the State government of Gujarat to order a judicial inquiry into the tortured to death of Vasant Ravji Vankar and submit it to the NHRC within four weeks;

- Direct the State government of Gujarat to suspend officer- in- charge of Sabarmati Police Stations and other police personnel who were on duty at that point;

- Direct the State government of Gujarat to submit the post mortem report which should have been conducted in conformity with the guidelines of the NHRC within four weeks;

- Direct the State government of Gujarat to pay interim compensation of Rs 500,000 (five lakhs) to the relatives of the victim and that the same be recovered from the guilty police personnel; and

- Take any other measures that the NHRC deems fit.

With kind regards,

Yours sincerely

Suhas Chakma
Director