From: Kirity Roy <firstname.lastname@example.org>
Date: Tue, Nov 8, 2011 at 3:03 PM
Subject: Long Live Judiciary - after 8years of legal battle - witness assaulted, guilty police, doctor, magistrate are enjoying impunity
To: NHRC <email@example.com>, jrlawnhrc <firstname.lastname@example.org>
Cc: Chief Minister West Bengal <email@example.com>, Chief Secretary Gov of WB <firstname.lastname@example.org>, Secretary Home Dept Gov of WB <email@example.com>
8th November 2011
National Human Rights Commission
New Delhi - 1
With a grave concern I am to write you with a hope that you will intervene the matter with all seriousness. Though your good office was approached in 2004, but till date no such action has been taken.
We have received information that one Mr. Uttam Sahu, son of Mr. Nirapada Sahu of village-Issaripur, police Station-Kakdwip, District-South 24 Parganas came under attack on 21.10.2011 at about 10.30 pm. At the time of the incident he was returning from his grocery shop at Narayanpur Bazar and the miscreants namely (1) Mr. Bahadur Ari, son of Late Khudiram Ari; (2) Kanchan Ari, son of Mr. Bahadur Ari and another son of Mr. bahadur Ari caught hold him in a open field near 4th Ferry Ghat and they assaulted him mercilessly by fists and blows. They threatened him to kill on the spot abusing him filthy languages. They also robbed Rs.20, 000/- and one gold chain (weight-20 grams) from him. Mr. Uttam Sahu somehow freed himself from the grip of the miscreants and ran from the spot to save his life. He entered into one of his relatives house namely Mr. Sukumar Sahu and with his help he went to Kakdwip Police Station immediately. The police of the said police station heard the incident from him but did not register any First Information Report against the miscreants. The police only recorded the incident in the General Diary Entry Book vide Kakdwip Police Station GDE no. 1827 dated 21.10.2011 and sent him to Kakdwip Sub-Divisional Hospital for treatment. Later he was referred to Diamond Harbour Sadar Hospital for better treatment.
It is further revealed that Mr. Kanchan Ari who is one of the miscreants in assaulting Mr. Uttam Sahu, is an accused person in a criminal case vide Kakdwip Police Station Case no. 101/2003 where Ms. Mousumi Ari was murdered in her matrimonial house by the accused Kanchan Ari and others. Mr. Uttam Sahu was the maternal uncle of deceased Mousumi Ari.
Mr. Uttam Sahu is a witness in the said Mousumi Ari murder case and he is scheduled to depose in the court. The family members of Mr. Uttam Sahu stated before our fact finding team that the said Mr. Kanchan Ari and his accomplices threatened him with dire consequences if he dared to depose in court before the present incident of assault upon him. The family members of Mr. Uttam Sahu further stated that not only Mr. Uttam Sahu but other members of Sahu family who are witnesses in Mousumi Ari murder case were threatened by Mr. Kanchan Ari and the other accused persons and they regretted that the administration failed to provide any protection to them even well aware of the incidents of threats by Mr. Kanchan Ari and his other family members being accused persons in Mousumi Ari murder case.
The whole incident discloses that the police of Kakdwip Police Station deliberately and willfully did not provide any protection to Mr. Uttam Sahu and his other family members who are witnesses in a criminal case and such inaction encouraged the accused persons even to commit criminal offences upon them without any fear of law and this is quite evident from another gross dereliction of duty by the police of Kakdwip Police Station by not registering any FIR against the culprits over the incident of heinous assault upon Mr. Uttam Sahu on 21.10.2011. Needless to mention here that the same police station was previously accused of falsely tabling that Mousumi Ari committed suicide not murdered.
On 25 October,2003 Mousumi Ari @Sahoo aged about 16 years was murdered within 20 months of her marriage in her in-law's house, at 3rd Gheri, Narayanpur, Police Station Kakdwip, 24 Parganas (South). Mousumi's husband is Bidhan Ari, son of Swadesh Ari, Swadesh Ari is a policeman, posted at Kakdwip Police Station. Mousumi was pregnant at the time of her death.
There were blood stains in the floor, wall of the bedroom. Police started a case of dowry death. Police party forcibly obtained signatures from the eyewitnesses from the family members in blank paper. Enquiry of magistrate was held without informing the family members of the victim in violation to the mandatory provision 176 Cr.P.C. At the relevant time the members of the victim family were present at Kakdwip Police Station. Most interestingly, the inquest by the magistrate was done over a body which was not declared as "dead" by any doctor.
The autopsy surgeon, Dr. Gouranga Biswas, attached with Diamond Harbour State General Hospital conducted Post Mortem examination over the body of Mousumi in a malafide manner. There was not a single word or a talk of injury in the Post Mortem Report.
The Sub Divisional Judicial Magistrate of Diamond Harbour, in which court the case was heard, after hearing all the aspects, passed an order on 20.12.2003 for re-examination of the body, which was still then lying buried under the earth. Under of the Ld. Magistrate dated 20.12.2003 a second Post Mortem examination over the body of the Mousumi was conducted.
The Second Post Mortem examination over the body of Mousumi was conducted by the expert professors of Calcutta Medical College and Hospital, eminent doctors of Calcutta and the said examination was conducted at Calcutta Morgue under Medical College and Hospital in Calcutta.
That it appears from record that the investigation relating to the cause of death of Mousumi Ari was completed by the investigating agency at a date earlier to 4.1.2004 when the Second Port Mortem examination was conducted and soon after holding the said Second post-mortem on 4.1.2004 on the alleged basis of conclusion of the investigation a charge sheet being Chare Sheet No.8 dtd.31.1.2004 Under Section 498A/304B/302 IPC has been submitted impleading the inmates of the in-law's house of Mousumi Ari in the said charge sheet.
We, MASUM have conducted an independent fact finding enquiry and the revelations in the said fact finding enquiry, apart from the facts which have already been stated hereinbefore, are as follows :-
(i) At the time when on 25.10.2003 the police personnel of Kakdwip Police Station reached the spot where the body of Mousumi Ari was there, the police team was not accompanied by any Doctor nor the police had any occasion to call for any Doctor to ascertain the primary fact as to whether Mousumi was dead at that point of time or not. The assertion of the members of the victim family in this regard are those that at the time when access to the bed room with police party could be enforced body of Mousumi was warm enough so as not to conclude that Mousumi was dead at that point of time.
(ii) The police proceeded on the basis that as if the Mousumi was dead at the particular point of time when police reached the spot. The grievances of the members of the victim family in this regard are those that the police team / party was never accompanied by a doctor nor the police called for any doctor within about 24 hours but the police themselves decided that Mousumi has dead.
(iii) The evidences collected by the petitioners from the relatives of Mousumi including the parents of Mousumi go to show that after reaching the spot the members of family of Mousumi could find that Mousumi was there in her sitting posture in her bed room in a unnatural manner with blood stains in her body and wearing apparel, the body of Mousumi was not cold rather it was warm. Mousumi was found in her bed room in a sitting posture with multiple injuries. There were several and numerous marks of blood stains in the floor and wall, earthen floor and the bed room where the body of Mousumi was there. In the room one sandow ganjee with blood stains was there. Also, there was a pair of shoes. The height of the room is very low and there was a wooden cot allegedly standing upon of which Mousumi hanged herself. The story of hanging is simply belied by a mere fact that no one having a physical height like Mousumi can hang herself standing on the cot from the wooden beam of the straw thatched room where the body of Mousumi was there.
(iv) That further revelation by the fact finding enquiry is that the police personnel and investigating officer who were present at the spot asked the members of the family of the in-law's of Mousumi to get out Mousumi's father and other relatives out of their house to bring new saree, petty coat and upper garments for Mousumi. After arrival of new wearing apparel the police personnel caused removal of the garments containing blood stains from the body of Mousumi and the fresh garments were put in the body of Mousumi. The garments containing blood stains were kept in a polythene pack which was taken away by the police. Interestingly the garments so kept in the polythene pack were not shown in the seizure list.
(v) That further revelation by the fact finding enquiry of the petitioners are those that the police personnel who were present at the spot caused remover / eraser of the blood stains which were there in the earthen floor and the earthen wall of the room in question. The members of the in-law's family of Mousumi were made instrumental in causing disappearance of the blood stains / mark of blood which were there in the floor and the wall of the room. The police personnel also allowed the room to be kept open. The room was not locked or sealed.
(vi) That after the police personnel took the body of Mousumi to Kakdwip Police Station which is about 15 to 16 k.m. away from the in-law's of Mousumi, the members of the victim family went to the police station. The members of the victim's family reached the Police Station at about 11.00 a.m. when the body of Mousumi was kept in a cycle van tied by rope in front of the main entrance of the police station wrapped in a plastic sheet. Most interestingly, the police personnel of Kakdwip P.S. behaved like physician. They themselves decided that Mousumi is dead, they did not bother to consult any physician that Mousumi was still alive or not.
(vi) That the members of the victim family from the very point of their reaching the Police Station were tried to be persuaded by the police personnel to lodge an FIR simply stating that Mousumi committed suicide. The members of the victim family did not agree to lodge an FIR by simply mentioning that Mousumi committed suicide. The members of victim family wanted to lodge complain that Mousumi was murdered at her in-law's house. The members of victim's family were there at Kakdwip Police Station for the whole day. The process of persuasions (administration of threat in other words) continued for the whole day. At about 8.00 P.M. Shri Dipak Kumar Kanungo, Executive Magistrate, arrived at the police station. The said respondent had no occasion to conduct inquest of the body of Mousumi nor said Shri Dipak Kumar Kanungo, Executive Magistrate could contact any such inquest because the body of Mousumi was kept wrapped in a plastic sheet all along and all through.
(vii) That after Dipak Kumar Kanungo, Executive Magistrate arrived at the scene with the Officer-in-Charge of Kakdwip police station and other police personnel who were present at the Police Station in a combination at about 11.00 P.M. the members of the victim family compelled the members of the victim family to write on a piece of paper that Mousumi Ari has committed suicide in her in-laws house. Further revelations of the fact finding enquiry of the petitioners are those that the members of the victim family who were there at Kakdwip police station since morning were not in a position to continue with the battle till late at night because all of them did not have their bath and food and that all of them were physically exhausted due to fatigue and tiredness coupled with mental shock which was received by them due to the death of Mousumi and with continuous pressure upon them.
(viii) That on 26.10.2003 a purported post mortem was conducted at Diamond Harbour State General Hospital where Dr. Gouranga Biswas, conducted the post mortem of Mousumi Ari. The report of post mortem so conducted by Dr. Gouranga Biswas, no injury other than a ligature mark with a printed saree at the neck was found. It is to be noted that the autopsy surgeon of Diamond Harbour Hospital, Dr. Gouranga Biswas by his extraordinary capacity opined that Mousumi was hanged by a printed saree, not by any other saree or ropes.
(ix) That on 26.10.2003 after the post mortem was conducted on the body of Mousumi the members of the victim's family took the body from the morgue of Diamond Harbour State General Hospital and decided to keep the body buried in the adjoining land appertaining to the residential huts of the uncle of Mousumi. The members of the victim's family, they being all fishermen, thought that the body of Mousumi can be kept preserved in the same manner as they preserve fish. By digging the earth and after keeping the body of Mousumi 70 kgs. of salt was added to the body buried with salt.
(x) That after the body of Mousumi was kept buried with 70 kgs. of salt by the members of victim family as aforesaid the father of Mousumi Ari made several, successive and numerous representations / appeals both in writing and in person to all the Authorities but nothing positive could turn up. In course of his search for assistance the father of victim Mousumi Ari had occasion to meet some of the activists of Sramajibi Mahila Samity who suggested the father of Mousumi to establish contact with MASUM and by that process we got involved into the matter and conducted a detailed fact finding of its own.
(xii) That the police of Kakdwip police station, the Doctor conducting the first post mortem, the Executive Magistrate but the authorities have failed and/or neglected to discharge disciplinary and other administrative measures to regulate the conduct of all such governmental officials
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
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