Custodial death of two Muslims in Bihar : Former bureaucrats urge CM Nitish to take stern action against those involved

2
Taslim Ansari and Gufran Alam

By Muslim Mirror Staff

A group of former IAS, IPS and IRS officers have urged Bihar Chief Minister Nitish Kumar to take stern action against police personnel involved in the custodial deaths of Mohammad Gufran Ansari (30) and Mohammad Taslim (35) who died after they were allegedly subjected to third-degree torture in police custody at Dumra police station in Sitamarhi district on March 7.

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Both were residents of Ramdiha village under the Chakia police station area in East Champaran district. The deceased were detained for interrogation in connection with a motorbike loot and murder case.

In a letter to CM they over three dozen bureaucrats have asked immediate arrest and prosecution of the absconding police officers under Sec. 302 IPC, a time-bound and independent inquiry under Section 176(1-A) CrPC be conducted immediately by a Judicial Magistrate, and report acted upon, besides sharing the report with the NHRC as required under law;

The have also  urged the CM to follow  NHRC’s guidelines on custodial torture and death, including instructions on conducting post mortem, video-filming, and magisterial enquiry Ensure that the investigation is conducted by police from outside the district, preferably by an SIT comprising of senior officers with impeccable integrity;

They have also demanded the state government to award compensation to the families for reparation of the loss, State government ensure victim/witness protection, and provision of legal aid to the families, seeing to it that the State Legal Services Authority appoint a senior lawyer to assist the family from this stage onwards.

 Full Text of the Letter

To,

Shri Nitish Kumar

Hon’ble Chief Minister, Bihar

Patna, Bihar

Subject: Torture and death of two men in police custody (Dumra PS, Sitamarhi district)

Dear Chief Minister,

1-It is with much anguish that we, members of Constitutional Conduct – a group of former civil servants that takes up, from time to time, matters of exceptional national interest – write to you, to express our alarm at the reported case of custodial torture leading to death of two men in police custody in Sitamarhi district on the 7th of March 2019. We urge you to take immediate action to conduct independent enquiry; follow set guidelines of the National Human Rights Commission (NHRC) and the Supreme Court in custodial torture and death cases; prosecute those found responsible, ensuring the severest punishment; and provide the families adequate compensation, besides protection where need be, and legal aid.

2-Media reports of the incident reveal grave violations by the police. These include the alleged torture to death of the men picked up in a case of robbery and murder. Families have shared photos and a video clip of the victims’ bodies showing marks of nails hammered into them. The police did not allow the families to see the bodies when they first informed them of the deaths, the bodies themselves having been handed over to the families only after 24 hours of death. And while the Director General of Bihar Police has confirmed the custodial death and called it “unacceptable”, it is being reported that the FIR registered does not mention the appropriate sections, viz. Section 302, IPC for murder, nor does it name the police personnel involved. These lacunae already raise serious suspicion about the police’s intent to probe this case lawfully.

3-You would agree, Mr. Chief Minister, that this is a very serious case of violation of right to life and due judicial process of the victims. In an environment of communal polarisation, concerns are being raised about this being, besides a case of police excess, also one that might be motivated by bias against a particular community. Given the circumstance, we urge you to ensure immediate action so as to restore trust in your administration.

4-We specifically demand the following actions:

1-Immediate arrest and prosecution of the absconding police officers under Sec. 302 IPC

2-Follow in full, NHRC’s guidelines on custodial torture and death, including instructions

on conducting post mortem, video-filming, and magisterial enquiry.

iii. Ensure that the investigation is conducted by police from outside the district, preferably by an SIT comprising of senior officers with impeccable integrity;

1-A time-bound and independent inquiry under Section 176(1-A) CrPC be conducted immediately by a Judicial Magistrate, and her report acted upon, besides sharing the report with the NHRC as required under law;

1-State government award compensation to the families for reparation of the loss

2-State government ensure victim/witness protection, and provision of legal aid to the families, seeing to it that the State Legal Services Authority appoint a senior lawyer to assist the family from this stage onwards.

5-We thank you for your consideration and look forward to speedy action against the perpetrators of the custodial crime.

Yours sincerely,

List of the signatories

1 Ambrose, SP IAS, Retd. Former Additional Secretary, Ministry of Shipping & Transport, Government of India (GoI)

2 Agnihotri, Anita IAS, Retd. Former Secretary, Ministry of Social Justice and Empowerment, GoI

3 Balagopal, Gopalan IAS, Retd. Former Special Secretary, Govt. of West Bengal

4 Balakrishnan, Chandrashekhar IAS, Retd. Former Secretary, Coal, GoI

5 Bhaduri, Madhu IFS, Retd. Former Ambassador to Portugal

6 Burra, Sundar IAS, Retd. Former Secretary, Govt. of Maharashtra

7 Chandramohan, R. IAS, Retd. Former Principal Secretary, Transport and Urban Development, Govt. of NCT of Delhi

8 Chaudhuri, Kalyani IAS, Retd. Former Additional Chief Secretary, Govt. of West Bengal

9 Dani, Anna IAS, Retd. Former Additional Chief Secretary, Govt. of Maharashtra

10 Dayal, Nareshwar IFS, Retd. Former Secretary, Ministry of External Affairs and High Commissioner to the United Kingdom

11 Deb, Pradeep K. IAS, Retd. Former Secretary, Deptt. Of Sports, GoI

12 Desiraju, Keshav IAS, Retd. Former Health Secretary, GoI

13 Devasahayam, MG Former Secretary, Govt. of Haryana

14 Ghate, Prabhu IAS, Retd, Former Addl. DG, Department of Tourism, GoI

15 Gupta, Meena IAS, Retd. Former Secretary, Ministry of Environment & Forests, GoI

16 Habibullah, Wajahat IAS, Retd. Former Secretary, GoI and Chief Information Commissioner

17 Hassan, Sajjad IAS, Retd. Former Secretary, Government of Manipur

18 Jaswal, Kamal IAS, Retd. Former Secretary, Department of Information Tech., GoI

19 Khanna, Vinod IFS, Retd. Former Additional Secretary, MEA

20 Kumar, Brijesh IAS, Retd. Former Secretary, Department of Information Tech., GoI

21 Kumar, Sudhir IAS, Retd. Former Member, Central Administrative Tribunal

22 Lal, Subodh IPoS, Retd. Former Deputy Director General, Ministry of

Communications, GoI

23 Mehta, Aditi IAS, Retd. Former Additional Chief Secretary, Govt. of Rajasthan

24 Mukhopadhyay, Pranab IAS, Retd. Former Director, Institute of Port Management, GoI

25 Nampoothiri, PGJ IPS, Retd. Former Director General of Police, Govt. of Gujarat

26 Pande, Amitabha IAS, Retd. Former Secretary, Inter-State Council, GoI

27 Perti, Alok IAS, Retd. Former Secretary, Ministry of Coal, GoI

28 Raghupati, NK IAS, Retd. Former Chairman, Staff Selection Commission, GoI

29 Ribeiro, Julio IPS, Retd. Former Adviser to Governor of Punjab & Ambassador to Romania

30 Sanan, Deepak IAS, Retd. Former Principal Adviser (AR) to Chief Minister, Govt. of Himachal Pradesh

31 Saxena, N. C. IAS, Retd. Former Secretary, Planning Commission, GoI

32 Selvaraj, Ananthappa IRS, Retd. Former Chief Commissioner, Income Tax, Chennai, GoI

33 Sen, Ardhendu IAS, Retd. Former Chief Secretary, Govt. of West Bengal

34 Sengupta, Abhijit IAS, Retd. Former Secretary, Ministry of Culture, GoI

35 Seth, Aftab IFS, Retd. Former Ambassador to Japan

36 Sharma, Ashok IFS, Retd. Former Ambassador to Finland and Estonia

37 Talha, Parveen IRS, Retd. Former Member, Union Public Service Commission

38 Tayabji, Hindal IAS, Retd. Former Chief Secretary rank, Govt. of Jammu & Kashmir

2 COMMENTS

  1. Nitish Kumar BJP ke talave chatkar zindagi bita rahe hain. Wo kuchh kar nahi payenge. Is election me unka safaya tai hai.

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