See Original Appeal: Nandita Saha murdered within two and a half months of her marriage.
I, on behalf of HRCBM-Dhaka Adv.Rabindra Ghosh along with Md. Hussain and Tusher Kanti Saha rushed to the spot on the basis and application of Uttam Kumer Saha, the brother of the victim on 15th of September, 2006 at Sylhet to investigate the incident of murder of Ms. Nandita Saha 305 kilometers from Dhaka by Bus and reached Sylhet on 16th September, 2006 morning at 5 a.m. Before our journey to Sylhet we informed the matter to DIG of Police, Sylhet Range and Superintendent of Police, Sylhet but both of them took preparation to go to USA for official tour.
Back-Ground Information:
Ms. Nandita Saha (27) was the only daughter of her father late Adhir Saha of village Baroipara P.S. Kalia, District- Narail married to one Nilkanta Das (38) on 20th June,2006 Nandita got her mother Ms. Rekha Saha and elder brother Uttam Kumer Saha only. But within two and half months of her marriage Nandita Saha curiously murdered on 23-08-06 at the house of her husband at 39 Nobopushpo residential area, Jatrapur, Sylhet . Initially police took UD(Unnatural Death) Case no.52 dated 24th August,2006 submitted by Ranendra Kumar Das –father in law of the victim. But elder brother of the victim was informed of the death is suicidal in nature. Accordingly, brother of the victim Uttam Kumer Saha reached to the spot and came to know that the death is not normal in nature and he lodged an FIR at Kotwali police station, Sylhet alleging that his younger sister was killed by (1) Ms.Shankari Das (2)Ms. Uzzala Das (3)Ranendro Kumar Das being Kotwali P.S. Case no.84 dated 24-8-2006 started under section 302/34 of Bangladesh panel code. The victim’s death body was sent to Sylhet M.A.G. Osmani Medical College Hospital for postmortem examination and a Medical Board consisting of five members was formed to investigate the cause of death but the postmortem report dated 25th August, 2006 reveals that there is no mark of injuries but they found both the lunch congested and ultimately medical board have sent the matter to Dhaka for viscera report (Chemical Examionation) But till date no accused was arrested by police, nor did they take any initiative to apprehend the perpetrators of crime.
Investigation at Kotwali Police station:
We started investigation at Sylhet Kotwali police station on 16th September at 6 a.m. met with the Officer-in-Charge on same day, apprised him the situation, asked him why the perpetrators have not yet been arrested despite specific allegation of murder was there. In reply, the OC said that as murder case has been started the perpetrators are absconding. We have also visited the spot with one S.I. of Police and 3 constables and found none except Nilkanto Das, son of Ranendra Kumar Das at 39 Nabapushpa Residential areas at Jatarpur P.S.Kotwali, Sylhet. We have also interrogated Nilkanto Das but he denied the allegation of murder of his wife. Because he was absent at the time of occurrence. We have also asked Babul Miah who also the witness of the case denied that it was not a murder but it was a normal death. Thereafter we have brought Nilkanto Das and Babul Miah at Kotwali police station for interrogation. But the O.C. didn’t take any necessary steps to get proper evidences. It transpires from the report of U.D. Case No. 52 dated 24.08.2006 the informant was Ranendra Kumar Das – Date and cause of death: on 23.08.2006 between 11 p.m. to 7.45 a.m. on 24.08.2006 – cause of death not known. Distance of spot from Sylhet Kotwali Police station as stated is 1 kilometer. The date and time of sending the preliminary report on 25.08.2006 at about 10 am seems to be anti-dated, but the final signature of the O.C. Kotwali on the C.R. C. Form No.53-276 is on 24th August, 2006 which is highly contradictory.
We asked the following neighbor to know how Ms.Nandita was killed: They all certified that Nandita was good girl and she was found amiable in nature and she did not indulge any activity subversive to the lives of other people of the family. They also spoke badly about the family background of her father-in-law. It is apprehended that due to jealousy of sister-in-law they with ill motive caused death of the victim, or the victim might be forced to take poisonous pills.
1) Ms. Salma Begum wife of Nur Uddin
2) Ms. Islamuddin – Moazzem of Jatarpur Mosque
3) Ms. Rina Das wife of Manna Das
4) Mrinal Kanti Das son of Late Manindra KumarDas of 38, Nabapushpa Residential Area, Jatarpur, Sylhet.
5) Birendra Kumar Roy son of late Monmohan Roy – 95, Nabapushpa Residential Area, Jatarpur, Sylhet.
Examination by Medical Board: We have also visited M.A.G.Osmani Medical College Hospital on 16.09.2006 to examine the postmortem report of the Medical Board. We found Dr. Abu Ahmed Adil-uj –Zaman – Head of Medical Board of Sylhet M.A.G. Osmani Medical College Hospital. He has also informed us there is no indication of any assault or any report of poisoning upon the victim Nandita Saha. And it is indicated in the Postmortem report that the Board found two lungs congested, but there is no reason of such congestion in the lungs and he has already sent report for further investigation for viscera report from Dhaka by Chemical Examiner to the Government of Bangladesh and the question of genuineness of the report will be made available after publication of viscera report. We have also asked the medical board to justify their contention about the murder but the medical board seems to be silent over the matter and the postmortem report is far from satisfactory. The Medical Board seems to be annoyed with our investigation and they felt reluctant to take any picture of investigation.
We have obtained three pictures of dead body of Ms. Nandita which shows that there is a black stain on the neck and there shows that blood was pouring from the nose and the victim’s brother- Uttam Saha identified that black stain and blood from the nose at the time of funeral and he also drew the attention of the O.C. of such black spot on the neck and also blood under the nose. But the O.C. did not take any cognizance without the report of postmortem. It is also reported that no relatives or bereaved family was present during the funeral. The funeral was done hurriedly with a view to suppress the material facts on 24.08.2006.
It was known that she had not been treated well by her Father-in-Law Ranendra K. Das and Sister-in-Law Sankari Das since her marriage. Nandita’s husband Nil Kanta Das was in Dhaka at that time. Nilkanta called Nandita’s brother around 7 AM on Aug 24 to tell him Nandita was not doing well. Nandita’s brother Uttam left for Shylet immediately after hearing the news but she was no more when he reached there. According to Uttam, there were clear marks on her body- she is believed suffocated to death. Ranendra Das and Sankari Das are believed to the perpetrators of this killing. Apart from this Uttam disclosed that before the death of victim there was continuous mental torture upon her which prompted her to commit suicide. O. C. Kotwali opined that he will take initiative if the Medical report comes to light. We have also talked with the Public Prosecutor – Mr. Shamim who assured us for proper investigation by the police. We found enough evidence to show that the victim undergone cruelty or harassment before her death. Uttam Kumar Saha- informant of the case filed a G.D.E. No. 1026 dated 17.09.2006 requesting the O.C. to take further necessary action against more abettors of crime as the perpetrators are threatening for lives. We have video-taped all the statements of Police officers, D.C. and Medical board at Sylhet for future clarification.
Legal Opinion: As per Section 306 of Bangladesh Penal Code it is also clear that if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. It creates reasonable doubt that due to maltreatment by the sister-in-law and father-in-law of the victim she may commit suicide and liable to be prosecuted under this section 306. Continuous taunting or teasing the victim by accused husband, sister-in-law, father-in-law etc. on the same ground or other amounts to mental cruelty-wife committing suicide by taking poisoning accused liable to be convicted. We observe mens rea in the minds of the perpetrators during our investigation and the circumstantial evidences show that the victim was strangulated to death on the date of occurrence. It is also clear that if any poison is found in the viscera report then it would be clear that the victim took poison, if it is not found then it would be presumed that the death is not a suicidal in nature it must be a cold-blooded murder, although the opinion of the Medical board was dubious.
Statement of the Deputy Commissioner-Sylhet:
We have also gone to the official residence of D.C. Sylhet on 18th of September, 06 who is worried enough relating to sudden of death of Nandita Saha. D.C. took initiative to start case under section 302/34 of the Bangladesh Penal code setting a side the U.D. Case filed by the victim’s father-in-law. D.C. also assured us for proper justice in course of time.
Meeting with Chemical Examiner at Dhaka: We have met with Mr. Dilip Kumar Kar – the Chemical Examiner of CID Dhaka on 21st of September, 2006 at about 11 a.m. at his office – Mohakhali (Mobile No. +0187076537) and Dilip Kumar Kar informed us that the report has been sent to M.A.G. Osmani medical College, Sylhet on 14.09.06 with the opinion that there is no quinine or poisonous articles in the viscera report. We have also gone through the viscera report and found that there is no indication of any quinine or poisonous articles in the lungs. So it is clear that the death is not a suicidal in nature. So the postmortem report made by the Medical Board at Sylhet has got its ambiguity. As the Medical Board failed to clarify why both the lungs of the victim have been found contested, it is clear that there should be some reason of such death and that should have been investigated by the Medical Board at Sylhet.
Recommendations :
HRCBM-Dhaka is greatly concerned at the perfunctory investigation of Medical Board of M.A.G.Osmani Medical College,Sylhet in connection with Kotwali P.S. Case No.84 dated 24.08.2006 under section 302/34. Police has also miserably failed to apprehend the perpetrators of crime till date despite our repeated recommendations and opinion. They are found very much negligent in conducting the proper investigation. HRCBM-Dhaka are of the opinion that the police took U.D. Case No. 52 dated 24.08.2006 with a view to suppress the material facts and such process of investigation by police and medical Board might cause damage for doing fare justice to the victim as well as their near and dear ones. Media did not play good role in this case and they did not go deep into the matter. Medical Board of M.A.G. Osmani Medical College-Sylhet should be asked to be honest unbiased and re-examination of the report should be made with immediate effect for proper and genuine adjudication of matter in dispute.
HRCBM believes that this is a planned murder of an innocent and newly wed girl at the initial stage of her life. We urge the law enforcing agency of Bangladesh to take up the case, apprehend the killers and bring them to justice. The perpetrators must be dealt with iron hands immediately so that they can not dare to commit such heinous crimes in the future. We request the office of the Prime Minister to take appropriate steps and help bringing the perpetrators to justice.
We came back from Sylhet by Bus at night at about 10 p.m. and examined the Chemical Examiner for viscera report Dhaka later on 21st of September,2006.
Prepared and submitted by: -
(Adv.Rabindra Ghosh)
President-HRCBM-Dhaka-Bangladesh.