The Police Commissioner
Sub: Seeking immediate action regarding Custodial Death of PUCl-DK, President Mr. David D’souza.
Reg: complaint Given By PUCL about the death of Mr. David D’souza dated 03.07.015
We are writing to you in regard to the shocking death of Mr. David D’souza while in police custody of Mangalore Rural police station between 4.00 pm and 12.00 midnight of 02.07.2015. We have already submitted a compliant dated 03.07.2015 seeking for inquiry in regard to the same.
As you are aware, Mr. David Dsouza the President of PUCL-DK was an active human rights defender raising several issues of human rights violations including against the police.
On 2nd July 2015, at around 4pm. Mr. David went to Mangalore Rural police station along with Stany Fernandes, as Mr. Stany Fernande’s had been called to discuss a family issue at around 4.00 pm, Mr Stany Fernandes wife and son who had filed a compliant against him came to the police station. at around 7.30 pm. In the presence of the police inspector Mr. Pramod there was an altercation of words between Mr David and wife and son of Mr.Stany Fernandes. There was a hot exchange of words, and Mr. Pramod called for Policemen and told them to take Mr. David to the adjoining room. Stany Fernandes who was made to sit in the inspector’s room could hear arguments between David, Inspector Pramod and the constables for 10 mints. He heard the shouts of pain and anguish from David. Thereafter to the utter shock, the 4 police carried Mr. David outside the room and took him to the car. That point Mr. David appeared to be unconscious. Subsequently, Mr. David’s wife was informed of his death at Indiana Hospital. The sequence of events related above, given by Mr. Stany clearly point to the fact that Mr David died in the police custody of Rural Police Station Kandanady .
A statement made by Mr Stany Fernandes is enclosed here with. Thereafter we have submitted complaints dated 03.07.2015 to the police, asking for an enquiry in to the same .
We are all deeply disturbed to read statement in the newspaper that suggest that the police is twisting the said issue and dismissing the question of a probe in to the custodial death .
We would like to draw your attention to the NHRC guidelines on the question of custodial death which mandates as follows: as per circular D.No 40/1/1999-2000 CD (NRR) dated 03.01.2001 enclosed
It would thus have been hoped that as per circular D.No 40/1/1999-2000 CD (NRR) dated 03.01.2001 (enclosed ) an enquiry by a judicial magistrate was initiated and the NHRC informed about this heinous incident. This is more so esstional in the light of the fact that person who has so died is a well known human rights activist. Who has time and again questioned several violations Committed by the police. It is absolutely necessary that this issue be dealt with seriously in order to ensure that justice is met and the officials responsible for this gruesome act are all brought to book.
Hence we demand the followings:
- The NHRC must be immediately informed about the custodial death of Mr. David D’souza.
- An enquiry by a judicial magistrate must be ordered in to the custodial death of Mr. David Dsouza in accordance with the NHRC guidelines.
- Protection must be provided to Stany Fernandes the eye witness for this incident as he is facing serious threats from police. His safety is paramount and steps must be taken to ensure the same.
- An FIR must be registered against the police officials responsible for the death of MR. David D’souza and impartial investigation be conducted into the same.
For People’s Union for Civil Liberties