http://timesofindia.indiatimes.com/India/Why-victims-of-custodial-deaths-in-Maharashtra-only-from-minorities-Bombay-HC-asks/articleshow/39378139.cms

Why victims of custodial deaths in Maharashtra only from minorities,
Bombay HC asks

Rosy Sequeira

<http://timesofindia.indiatimes.com/toireporter/author-Rosy-Sequeira.cms>
,TNN | Aug 1, 2014, 01.08 AM IST


[image: Why victims of custodial deaths in Maharashtra only from
minorities, Bombay HC asks]
Observing that custodial deaths are occurring routinely, the high
court added, "It seems to be happening only against certain persons
from the minority community."


MUMBAI: The Bombay high court observed on Thursday that the victims of
custodial deaths in Maharashtra appear to be only from the minority
community.

A division bench of Justices V M Kanade and P D Kode made the remark after
they informed advocate Yug Chaudhry of their decision to appoint him as
amicus curiae (friend of the court) in a case where a 23-year-old resident
of Nalasopara (East) mysteriously died in Thane Central Jail.

Observing that custodial deaths are occurring routinely, the high court
added, "It seems to be happening only against certain persons from the
minority community." Chaudhry agreed: "I have done my research and it shows
that the cases are mostly of Muslims and Dalits." The court questioned why
such deaths are happening in Maharashtra. Referring to the case at hand, it
said, "It is not reported as a custodial death but as a natural death." The
number of such cases is unknown, the court noted.

*READ ALSO: Maharashtra records most custodial deaths again
<http://timesofindia.indiatimes.com/india/Maharashtra-records-most-custodial-deaths-again/articleshow/37589735.cms>*

The same bench had recently handed over the investigation into two
custodial deaths to the Central Bureau of Investigation. The first case was
of Agnelo Valdaris, who died in the Wadala railway police lock-up this
April, and the other case was of Zulfar Shaikh, who died in the Dharavi
police lock-up in December 2012. While hearing a third case--of Akash
Kharade who died in the Samata Nagar police's lock-up in April this
year--the bench had directed the state director-general of police to form a
committee to examine cases of custodial deaths and suggest steps to prevent
them.

According to the National Crime Records Bureau, 1,418 custodial deaths took
place in India between 1999 and 2013, and around 23% of these (or 333) were
reported from Maharashtra. For the majority of the 15 years, the state
topped the custodial death charts.

The judges said on Thursday that they want to hear all custodial death
cases together. They asked Chaudhry to assist the court as "we want to do
something about this".

Chaudhry was appointed amicus curiae in a case in which the petition was
filed in 2012 by Alia Begum Ansari. According to the petition, Ansari's son
Taj Mohammad, a mobile repairer, was arrested by the Sion police on
February 21, 2012, for the alleged theft of a mobile phone. He was
initially kept in police custody and then transferred to judicial custody,
where he died. Alleging that Taj Mohammad was tortured by prison officials,
Ansari's petition sought compensation and urged the court to direct CBI to
probe the case. In July 2012 Ansari passed away and since then her husband
Deen Mohammad is pursuing the case.



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