The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
13 January 2014
District Magistrate, Murshidabad (Ref No. MASUM/DM/MSD/483/3731/14)
Superintendent of Police, Murshidabad (Ref No. MASUM/SP/MSD/483/3732/14)
Respected Sir,
I want to draw you kind attention regarding one incident of custodial death of Mr. Rafikul Seikh (the deceased) who was brutally tortured by the prison officials inside the correctional home and due to that he died. Many inmates viewed that horrendous act, and few of them informed us from inside prison, through mobile phones, which was available with them. I am purposefully withholding their names for their safety and security but if the Commission constitutes an impartial enquiry over the issue, I will transmit their details before the enquiry. Our fact finding report provides the details of the whole incident.
The whole incident was brought into the notice of higher police authority, but no action has been taken till date. The parents repeatedly harassed by the police personnel of Berhampur and Hariharpara Police Stations while they tried to lodge complaints against the involved prison officials on respective police stations. The whole matter clearly reveals the utter violation of right to life as guaranteed under Article 21 of the Constitution of India. The jailor declared that the deceased committed suicide by hanging. In first instance the jail official declared him dead instead of a medical professional. The jail authorities showed a thin and small rope; supposedly used for hanging was primarily not enough in length and strength for hanging of a full grown young person. We have no clue about the inquest by a judicial magistrate over the custodial death in accordance to section 176 (1A) of Criminal Procedure Code. The district police connived with the prison officials trying to hush up the issue, though the incident was modestly reported in the media.
Hence we seek your urgent intervention regarding the following matters: –
The whole matter must be investigated by the Commission’s own investigating wing.
The role of the police personnel of Berhampur and Hariharpara must be investigated for their non compliance regarding registering the complaints of the father of the deceased
The perpetrator prison officials must be booked under the law and must be prosecuted under appropriate sections of murder and other which deem fit.
Immediate departmental proceedings against the prison official.
Purposeful avoidance of Section 176-1-A by the administration
Total compliance of NHRC’s guidelines on custodial deaths in letter and spirit
Adequate compensation must be provided to the deceased’s family.
Thanking You,
Yours truly
Kirity Roy
Secretary, MASUM &
National Convener, PACTI
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Name of the victim: – Mr. Rafikul Seikh @ Rafik (the deceased), son of- Mr. Namaji Seikh, aged about- 32 years, by faith- Muslim, residing at Village- Choa-Bilpara, Post Office- Choa, Police Station- Hariharpara, District- Murshidabad, West Bengal, India.
Name of the perpetrators: – 1) Mr. Rajib Ranjan Singha (Chief Controller-II of Berhampore Central Correctional Home), 2) Mr. Biswarup Biswas (Chief Controller-I of Berhampore Central Correctional Home), 3) Mr. Arindam Sarkar (Superintendent of Berhampore Central Correctional Home), 4) Mr. Atul Sarkar (Chief Discipline Officer of Berhampore Central Correctional Home), 5) Mr. Susanta Biswas (Sub-Jailer of Berhampore Central Correctional Home) 6) other few involved jail warders of Berhampore Central Correctional Home under Murshidabad district 7) Officer in Charge of Baharmpur Police Station and 8) Officer in Charge of Hariharpara Police Station & 9) The Sub Divisional Officer, Berhampore, Murshidabad.
Date and time of incident: On 19.11.2013 at about 10.30 pm.
Place of occurrence: – At the vicinity of Chouka (the place used or cooking purpose) inside Berhampore Central Correctional home.
Case details: –
It is revealed during fact finding that Mr. Namaji Seikh; the father of the deceased is living with his wife; Ms. Rijiya Bibi, with his two sons namely Mr. Hamid Seikh and Mr. Jamarul Seikh, with his daughter-in-law; Ms. Tanuja Bibi; the wife of Hamid Seikh and with two grandsons namely Mr. Taman Seikh; son of Mr. Hamid Seikh and Mr. Masud Seikh; son of the deceased at the abovementioned address. They have cultivation land measuring three Bigas; which was not sufficient for their sustenance and two sons were working as daily laborers. The deceased; Mr. Rafikul Islam was the second child of Mr. Namaji Seikh.
In the year of 2008, the deceased charged and later convicted for murder of one minor boy named Samim Seikh; son of Mr. Ashabul Seikh. We came to know that the deceased was mentally imbalanced during the incident and it was also reported in media during those days. The deceased was convicted in Hariharpara Police Station Case No. 109/2008 dated 04.05.2008 under section 302 of Indian Penal Code, the person was arrested from the place of incident and produced before the court vide Government Record No. 701/2008 under section 302 of Indian Penal Code. After that the District and Sessions Court; Murshidabad sentenced him for life vide Sessions Serial Case No. 884/2008 and Sessions Trial No. 8 (3) of 2009. In the said correctional home, the deceased was appointed as a cook after being convicted for life imprisonment. It was found that the wife of the deceased divorced him legally; while he was sentenced with life.
On 19.11.2013 at about 10.30 pm, the deceased was not present during the counting of inmates. The abovementioned officials of the said correctional home searched for the deceased at every nook and corners of the prison and at last, they found him near to chouka (the place for cooking) of the said correctional home. The furious prison officials started to beat him black and blue as alleged. The head of the deceased was seriously injured due to that atrocious physical aggression and blood was oozed and clotted on the left and back side of his head and both the knees were severely injured, and his lifeless body fell down on the floor; supposedly he was died at that moment only, though not confirmed by any doctor. The prison officials tried to hide the incident of murder of the deceased and propagated the he committed suicide. They also declared that the deceased has committed suicide by hanging with a piece of rope. On the same day, the body of the deceased was taken to Berhampur General Hospital from that said correctional home. One Dr. Jaya Mazumdar examined the body and declared as dead. Our local activist came to know that the person was died due to torture at 10.40 pm and he informed the incident immediately to a local media professional (Hindustan Times).
Later on 20.11.2013 at morning, the said media representative went to the house of the deceased and informed the incident of his death to his parents and other family members. On the same day at 12.30 noon, the parents and other family members of the deceased went to the said hospital with few co-villagers; they found the body of the deceased was lying on a stretcher with visible injuries at the entry door of the said hospital. It was alleged by the parents and the relatives of the deceased that they found several injury marks all over his body while they reached to the said hospital. They also noticed that the back side of the head was completely damaged and few teeth were broken. It was also alleged by deceased’s father that one small and thin rope was tightly tied on his neck which was noticed by all. Meanwhile, one police personal in uniform told the parents of the deceased to sign on a paper, but they told him that they could not sign on that paper as the guardian of the deceased; Mr. Hamid Seikh was not reached at that time. The police personal entered to the said hospital and did the formalities and after that the dead body of the deceased was taken to Berhampur Police Morgue by a cycle-rickshaw- van (a three wheelers vehicle) and on the said morgue, the post mortem was done by the medical officer, Dr. Rubel of the said hospital vide Annual Post Mortem Serial No. 1033/2013 dated 20.11.2013 and one unnatural death case was registered to Berhampore police station vide Berhampur Unnatural Death Case No. 733/2013 dated 20.11.2013. Ms. Purabi Ghosh, Lady Sub Inspector of Police attached with Berhampore police station was the Investigating Officer.
On the same day at about 4 pm, one letter as crash radiogram vide Memo No. 8664/DC/RB dated 19.11.2013 reached to the house of the deceased from Hariharpara police station regarding the death of the deceased and the neighbors of the deceased received that letter in the absence of the parents of the deceased. The letter was sent to the Inspector-in-Charge of Hariharpara Police Station by the Superintendent of Berhampore Central Correctional Home. The Superintendent of the said correctional home asked the Inspector-in-Charge of the said police station ‘whether near relatives of the deceased would like to attend Magisterial Inquest and Post-Mortem Examination or not. If they did not want to attend these procedures, it would be completed as per government rules’. On the same day, the parents of the deceased went to Hariharpara Police Station to lodge a written complaint against the perpetrator prison officials, but the then Duty Officer of the said police station refused to register any complaint and told them they would not take any complaint till they would not receive the post-mortem report of the deceased and told them to come after two or three days.
On 22.11.2013, Our activist took the parents and the brothers of the deceased to Berhampore Police Station with few co- villagers to lodge a complaint against the involved prison officials of the said correctional home. But, Mr. Joydev Dey; the Duty Officer refused to take that complaint. Afterwards, Mr. Jamarul Seikh; the brother of the deceased called Mr. Mochaimenul Haq; the Inspector-in-Charge of Berhampore Police Station in his number (Mobile no. 9434108806) and informed him about the denial of registering their complaint by the said Duty Officer. The said Inspector-in-Charge of Berhampore Police Station supported the view of the Duty Officer and told them to come and meet with him to his office if they want.
On 23.11.2013, Ms. Rejiya Bibi; the mother of the deceased lodged a written complaint before the Superintendent of Police informing the ineffectiveness of the police personnel of Berhampore Police Station to lodge any complaint against the prison officials and requested him to treat her complaint as a First Information Report against the prison officials. But till date none know about the fate of the complaint.
On 27.11.2013, Ms. Rejiya Bibi; the mother of the deceased again lodged a written complaint before the Superintendent of Police informing the incident of custodial death of her son inside Berhampore Central Correctional Home by the prison official and also informing the ineffectiveness of the police personnel of Berhampore Police Station and Hariharpara Police Personnel. But no action has been taken by the higher authority of the police till date.
We received information from few inmates of the deceased at the same correctional home at the time of the incident that the deceased was physically tortured and torture resulting his death. The act was perpetrated by the said prison officials while they failed to locate him for the regular counting of the inmates. The medical officer performed the post-mortem examination not obtained any signature of the family members of the deceased.
It was found that the Magisterial Inquest was done as illegal practice violating section 176-1A of Criminal Procedure Code; under order of the Sub Divisional Officer, Mr. Pallab Bhattacharjee, Executive Magistrate performed the inquest illegally.
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He has been a radio producer (Earthstar Radio, San Francisco), organized and worked with the homeless, and is an advocate/activist in the nonviolent protest movement for safe energy, human rights, and peaceful solutions.
He is USA Vice President of the World Constitution and Parliament Association whose mission is to build a parallel world body to the United Nations, an emerging Earth Federation with a Provisional World Parliament under the Earth Constitution.
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First published at:
">Roger Kotila PhD Dr Gary G Kohls MD[/caption]
is a retired physician who practiced holistic, non-drug, mental health care for the last decade of his forty year family practice career. He is a contributor to and an endorser of the efforts of the Citizens Commission on Human Rights and was a member of MindFreedom International, the International Center for the Study of Psychiatry and Psychology, and the International Society for Traumatic Stress Studies.
While running his independent clinic, he published over 400 issues of his Preventive Psychiatry E-Newsletter, which was emailed to a variety of subscribers. (They have not been archived at any website.) In the early 2000s, Dr Kohls taught a graduate level psychology course at the University of Minnesota Duluth. It was titled “The Science and Psychology of the Mind-Body Connection”.
Since his retirement, Dr Kohls has been writing a weekly column (titled “Duty to Warn”) for the Duluth Reader, an alternative newsweekly published in Duluth, Minnesota. He offers teaching seminars to the public and to healthcare professionals.
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">Gary G Kohls George Monbiot[/caption]
Studied in Oxford University, columnist with The Guardian newspaper, also the author of the bestselling books The Age of Consent: A Manifesto for a New World Order and Captive State: The Corporate Takeover of Britain, as well as the investigative travel books Poisoned Arrows, Amazon Watershed, No Man’s Land, How Did We Get into This Mess? Politics, Equality, Nature and other.
Prof Johan Galtung was born in Oslo. He earned the PhD degree in mathematics at the University of Oslo in 1956, and in 1957 a year later completed the PhD degree in sociology at the same university.
Prof Johan Galtung received nine honorary doctorates in the fields of Peace studies, Future studies, Social sciences, Buddhism, Sociology of law, Philosophy, Sociology and Law.
State Councilor of St. Petersburg, Russia. Founding President, Global Harmony Association (GHA) since 2005. Honorary President, GHA since 2016. Director: Tetrasociology Public Institute, Russia. Philosopher, Sociologist and Peacemaker from Harmony. Author of more than 400 scientific publications, including 18 books in 1-12 languages. Author of Tetrism as the unity of Tetraphilosophy and Tetrasociology – science of social harmony, global peace and harmonious civilisation. Director, GHA Web portal “Peace from Harmony”. Initiator, Manager, Coauthor and Editor in Chief of the book project “Global Peace Science” (GPS).
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writes for the Huffington Post, Common Dreams, OpEd News and TruthOut. He considers himself a “peace journalist.” He has been an editor at Tribune Media Services and a reporter, columnist and copy desk chief at Lerner Newspapers, Chicago. Koehler launched his column in 1999. Robert Koehler has received numerous writing and journalism awards over a 30-year career in USA. He writes about values and meaning with reverence for life. He is praised as “blatantly relevant” and “a hero of democracy”.
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has a lifetime commitment to understanding and ending human violence. He has done extensive research since 1966 in an effort to understand why human beings are violent and has been a nonviolent activist since 1981. He is the author of ‘Why Violence?‘
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an international relations scholar, professor emeritus of international law at Princeton University, author, co-author or editor of 40 books, and a speaker and activist on world affairs.
Since 2002 he has lived in Santa Barbara, California, and taught at the local campus of the University of California in Global and International Studies, and since 2005 chaired the Board of the Nuclear Age Peace Foundation. His most recent book is Achieving Human Rights (2009).
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is a member of the TRANSCEND Network for Peace, Development and Environment. He has published and posted articles, fiction and poems at hundreds of venues, including, TMS, The New York Times, Village Voice, Redbook Magazine and Counterpunch.
He has published 2 novels and 2 collections of poetry, and his dramas have been produced on PBS-Atlanta and elsewhere. He has performed his poems at the Carter Presidential Library and Museum and has taught in universities in the US and Japan, and in US public schools and prisons.
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born 1946, is the editor of the pioneering Peace Journalism website, TRANSCEND Media Service-TMS, an assistant to Prof. Johan Galtung, and Secretary of the International Board of the TRANSCEND Network for Peace, Development and Environment.
He completed the required coursework for a Ph.D. in Political Science-Peace Studies (1994), has a Masters in Political Science-International Relations (1990), and a B.A. in Communication (1988) from the University of Hawai’i.
Originally from Brazil, he lives presently in Porto, Portugal. Antonio was educated in the USA where he lived for 20 years; in Europe/India since 1994.
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John Scales Avery is a theoretical chemist, Associate Professor Emeritus, at the University of Copenhagen, Denmark. He is noted for his books and research publications in quantum chemistry, thermodynamics, evolution, and history of science. His 2003 book Information Theory and Evolution set forth the view that the phenomenon of life, including its origin, evolution, as well as human cultural evolution, has its background situated in the fields of thermodynamics, statistical mechanics, and information theory.
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For Ground Report India editions, Vivek had been organising national or semi-national tours for exploring ground realities covering 5000 to 15000 kilometres in one or two months to establish Ground Report India, a constructive ground journalism platform with social accountability.
He has written a book “मानसिक, सामाजिक, आर्थिक स्वराज्य की ओर”on various social issues, development community practices, water, agriculture, his ground works & efforts and conditioning of thoughts & mind. Reviewers say it is a practical book which answers “What” “Why” “How” practically for the development and social solution in India.
worked as a mediator for the church in Belfast; as faculty at The School of Peace Studies, University of Bradford, and as Executive Director, the Right Livelihood Award Foundation. He has founded several Indian NGOs, is an Officer of the Order of Canada, and a member of the TRANSCEND Network for Peace, Development and Environment.
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is the President of the Association of World Citizens, an international peace organization with consultative status with ECOSOC, the United Nations organ facilitating international cooperation on and problem-solving in economic and social issues.
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">Rene WadlowBaher Kamal[/caption]
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Baher Kamal
Egyptian-born, Spanish-national secular journalist. He is founder and publisher of Human Wrongs Watch. Kamal is a pro-peace, non-violence, human rights, coexistence defender, with more than 45 years of professional experience. With these issues in sight, he covered practically all professional posts, from correspondent to chief editor of dailies and international news agencies.
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credits:
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Director, Guru Arjan Dev Institute of Development Studies.
A recipient of Cultural Doctorate of Philosophy of Economics from USA. He is an active member of various professional bodies, namely -
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Dr Ron Paul served in U.S. House of Representatives three different periods: first from 1976 to 1977, after he won a special election, then from 1979 to 1985, and finally from 1997 to 2013.
During his first term as a member of the U.S. House of Representatives, Paul founded the Foundation for Rational Economics and Education (FREE), a non-profit think tank dedicated to promoting principles of limited government and free-market economics. In 1984, Paul became the first chairman of the Citizens for a Sound Economy (CSE), a conservative political group founded by Charles Koch and David Koch 'to fight for less government, lower taxes, and less regulation.' CSE started a Tea Party protest against high taxes in 2002. In 2004, Citizens for a Sound Economy split into two new organizations, with Citizens for a Sound Economy being renamed as FreedomWorks, and Citizens for a Sound Economy Foundation becoming Americans for Prosperity. The two organizations would become key players in the Tea Party movement from 2009 onward.
Dr Paul proposed term-limit legislation multiple times, while himself serving a few terms in the House of Representatives. In 1984, he decided to retire from the House in order to run for the U.S. Senate, complaining in his House farewell address that 'Special interests have replaced the concern that the Founders had for general welfare.... It's difficult for one who loves true liberty and utterly detests the power of the state to come to Washington for a period of time and not leave a true cynic.'
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He is international consultant of the UN – FAO and international consultant for sustainable development and sustainable future of humankind of Universal State of the Earth - USE.
On 8th October 2016 he was appointed as The Chairman of the Humanity, Nature, Space and Environment protection Committee of the USE, the Supreme Council of Humanity - SCH from Athens, Greece and London, UK.
He is researcher working on: Nature; the Nature, Space and Environment protection; the Climate change system; System thinking; Globalization and global studies; Networking, Complexity and Swarm research: Sustainable Development and Sustainable Future of Humankind. He was among the pioneers researchers (1986 – 1994) to apply nature, space, and environment protection in a local community by activities we call today Local Agenda 21 Processes – a holistic program for survival of our civilization under new challenges of the third millennium.“Commencing from Local Community Sustainable Future and moving towards Sustainable Future of the Global Community of Humankind”.
He is independent researchers with many domestic and international publications and talks. Together with many researchers in co-operation worldwide within philosophy, operational research, global studies, case studies and complex problem solving research, system thinking, requisitely holism, networking and complexity, swarm research, integration and disintegration of matter and energy and universal upbringing, education and lifelong learning. He is contributing a systemic, requisitely holistic and a better understanding of the present. His latest research within the system theory, system thinking, networking, complexity and swarm research may provide a possible answer enabling people to better understand our world of humans.
During 2014 he completed 50 years of research work (1964 - 2014). This year he completed 50 years of been Dr. Vet. Med. Since 1986 he worked on the protection of Humanity, Nature, Space and Environment and completed 30 years of research.
For research on the climate change system and the book “System Thinking and Climate Change System (Against a big “Tragedy of Commons” of all of us), Ecimovic, Mayur, Mulej and co-authors, 2002, he was nominated for the Nobel Prize 2003. His work on “The Information Theory of Nature” was his second nomination for The Nobel Prize during 2007 in Physics. His third nomination for The Nobel Prize in Physics 2010 was for “The Environment Theory of the Nature”, published in the book “Three Applications of the System Thinking”, Ecimovic, 2010. Within last 10 years he has contributed trilogies: “The Nature”, “The Sustainable Future of Mankind” and “The Life 2017” – please see at: www.institut-climatechange.si
I grew up in Chile, got my medical degree there, began an academic career in 1970, and left for the USA due to the military coup in early 1974. My first job in the USA was working as a public nutrition professor in the international programme of Meharry Medical College in Nashville, Tennessee.
I started to travel to Africa in 1975, and worked a year in Cameroun in 1980 helping to prepare their five-year nutrition plan. I then moved to New Orleans, to Tulane University’s School of Public Health, and taught in the department of nutrition for ten years, before moving to Nairobi where I was an advisor in the Ministry of Health. Seven years there got me into extensive consulting in Africa, often on nutritional issues. In 1995 moved to Vietnam where I worked for two and a half years in the Ministry of Health as a senior primary health care advisor.
Many years of touching the reality on the ground, in Latin America, then the USA, then Africa and Asia, has made me understand that the real challenge is in the social and political determinants of malnutrition. I have devoted my writings and teaching to that. Over the years, I have found an important shift in my colleagues’ attitude and understanding towards acknowledging the basic causes of malnutrition. But yet I see little happening as a result. I submit that it is our guild’s lack of experience in the political arena that explains this dichotomy. I devote much of my energy to bridge this gap, and am a fervent advocate of empowering claim holders to demand needed changes from duty bearers. Nutrition is a perfect port of entry for that. Equity, social justice and people’s empowerment in a human rights sense is what really will make a difference.
There is no alternative but to deal with nutrition problems as indivisibly linked to social, political and environmental problems. We need to address them as such. The question is: are we all prepared to do that? The answer, in my view, decides whether we are part of the solution or part of the problem. Travelling and living in different parts of the world has reinforced my conviction that we need to get down from our academic ivory towers, and need to change the curricula of our young and upcoming colleagues, to give them the tools to act in such a context. To me, public health nutrition cannot be anything but that.
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">Claudio Schuftan Dr MDProf. Ram Puniyani[/caption]
