Asian Centre for Human Rights

I am writing to seek the intervention of National Human Rights Commission of India against the torture and custodial death of one Pitambar Pradhan alias Bhalu on 1 February 2003 at Mahanga police station of Orissa.

Mr Pitambar Pradhan, a resident of Bhakuda village was arrested on the charges of stealing a colour television from the house of one Jayanta Bal of Alinagar. He was found hanging from the fan at the Mahanga police station. The police alleged that he had committed suicide.

However, President of the Orissa Pradesh Congress Committee (OPCC), Mr Sarat Patnaik alleged that Mr Pradhan was subjected to torture and succumbed to torture. Mr Patnaik demanded a judicial inquiry to find out the truth.

The body of Mr Pradhan was not handed over to the family members after the post mortem at the SCB Medical College and Hospital in Cuttack. Instead, the police cremated it at Khannagar crematorium without informing the family or seeking consent of the family. This clearly indicates that police had something to hide, most likely torture marks on the dead body. After more than 200 villagers of Bhakuda, Daulatpur and Mukundapur staged a road blockade on National Highway No 5 near Bhakuda under Balichandrapur police limits on 1 February night to protest against the custodial death Mr Pradhan, the police clearly could not hand over the dead body which bore torture marks.

The family members have registered a murder case against the concerned police personnel.

However, the Superintendent of Police, Cuttack, Mr Debasish Panigrahi instead of arresting the culprits on the charges of murder of Mr Pradhan suspended Assistant Sub-

Inspector (ASI) Pitambar Nayak and constable Bipin Bihari Nanda of Mahanga police station on the charges of negligence and dereliction of duty. This is nothing but a clear attempt to shield the culprits.

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

- Direct the State government of Orissa to arrest ASI Pitambar Nayak and constable Bipin Bihari Nanda and any other guilty police personnel of Mahanga police station for the murder of Mr Pradhan;

- Direct the State government of Orissa to order an inquiry by a Judicial Magistrate and not by an Executive Magistrate;

- Direct the State government of Orissa to suspend the Superintendent of Police of Cuttack or any other concerned official who gave the order to cremate the dead body of Mr Pradhan without handing it over the family;

- Direct the State government of Orissa to submit the autopsy report of Mr Pradhan which should have been conducted in full conformity with the directions of the NHRC on custodial death/rapes to the NHRC within two weeks;

- Direct the State Government to pay interim compensation of Rs 500,000 (five lakhs) to Mr Pradhan's wife and that the same be recovered from the guilty police personnel;

- 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.

With kind regards,

Yours sincerely

Suhas Chakma
Director