From: Kirity Roy <firstname.lastname@example.org>
Date: Mon, Nov 7, 2011 at 12:01 PM
Subject: Searching for 'Maoists' - can State violate the constitutional mandate?
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>
7th November 2011
National Human Rights Commission
This is to inform and lodge complaint that on 23.10.2011 at about 5.30am the victims Mr. Sanjoy Mahato and Mr. Haren Mahato were illegally arrested by the police of Jhargram Police Station and the jawans of Joint-Force. The perpetrators engaged with the operation did not bother to issue any 'Memo of Arrest' at the time of arrest, thus violated the guidelines issued by the Apex court on arrest in DK Basu judgment (AIR1996 SC610). Though the victims were arrested on 23.10.2011, but they were not produced before any magistrate within mandatory period which is a violation of section 57 of Criminal Procedure Code and Article 22 (1) of the Constitution of India. The victims were subjected to suffer illegal detention for several days. Our attached fact finding report gives details of the incident.
In this case the rights of the victims guaranteed under Articles 21 & 22 of the Constitution of India were willfully and deliberately violated by the perpetrators. The area is under operation of state police and joint force of central government to hunt down "Maoists". Hence normal life and livelihood of the local villagers are being hampered for whimsical police actions in this area. Police excesses are very common daily affairs in their lives.
Hence we seek your urgent intervention in this matter in the following manner:-
· The perpetrators must immediately be booked under the law for violating the human rights of the victims as defined under the Constitution of India.
· Police and Joint Forces should obey the Constitutional mandate and uphold the rule of law.
· The whole matter must be investigated by an independent investigating agency appointed by the commission.
· The perpetrators must also be prosecuted in open court of law for their alleged criminal act.
· The victims should be provided with adequate compensation, protection and proper rehabilitation in society with dignity.
National Convener, PACTI
Particulars of the victims: - (1) Mr. Sanjoy Mahato, son of Mr. Nabin Mahato, residing at village-Banshpahari, Police Station-Belpahari, District- Paschim Medinipur, West Bengal.
(2) Mr. Haren Mahato, son of Late Sarad Mahato, residing at village-Nugahara, Post Office-Benashuli, District-East Singhbhum, Jharkhand. Both belong to Backward Class.
Particulars of the perpetrators: - The involved police personnel of Jhargram Police Station and the jawans of Joint Force who entered into Sonamukhi village on 23.10.2011 at about 5.30 am and raided the house of Mr. Dilip Mahato.
Place of the incident: - In the house of Mr. Dilip Mahato in village-Sonamukhi, Police Station-Jhargram, District-Paschim Medinipur
Date and tome of the incident: - On 23.10.2011 at about 5.30 am
It is revealed during our fact finding that Mr. Dilip Mahato resides in village-Sonamukhi, Police Station-Jhargram, District-Paschim Medinipur. On 23.10.2011 at about 4.30 am in the morning his two married daughters namely Ms. Rupma Mahato and Ms. Jhumpa Mahato came to his house along with their husbands on the occasion of 'Dewali'. On the same day at about 5.30 am the police personnel of Jhargram Police Station and the jawans of Joint Force entered into the village in search of the members of 'Maoist' group. The said police personnel of Jhargram Police Station and the jawans of Joint Force entered into the house of Mr. Dilip Mahato and started a search in the house. They started questioning Mr. Sanjoy Mahato (being husband of Rupma Mahato) and Mr. Haren Mahato (being husband of Ms. Jhumpa Mahato). The family members of Mr. Dilip Mahato and also some of the villagers who were present there at that time told to the police personnel and also the jawans of Joint Force that the husbands of Ms. Rupma Mahato and Ms. Jhumpa Mahato are well known in the village and they are innocent. But the perpetrator police personnel and the jawans of the Joint Force did not pay any heed and they took Mr. Sanjoy Mahato and Mr. Haren Mahato to Jhargram Police Station. At the time of arresting Mr. Sanjoy Mahato and Mr. Haren Mahato the perpetrator police personnel and the jawans of the Joint Force neither issued any memo of arrest nor disclosed any charge for apprehending them.
On 24.10.2011 and also on 25.10.2011 Ms. Rupma Mahato and Ms. Jhumpa Mahato along with other family members went to Jhargram Police Station to meet with their husbands but the police of the said police station did not allow them to meet with their husbands.
On 26.10.2011 Ms. Rupma Mahato and Ms. Jhumpa Mahato along with other family members again went to Jhargram Police Station to meet with their husbands, but this time the police of the said police station did not allow them to enter into the police station. After MASUM got the information, then and there we contacted the victim family. We took them to Jhargram Court to make a look for as to whether their husbands were produced in the court or not. But we came to know that their husbands were not produced in the court by the police of Jhargram Police Station.
Finding no other alternative, we took them to the office of the Sub-Divisional Officer (SDO), Jhargram to inform him of the illegal detention of their husbands in Jhargram Police Station. But we could not meet with the Sub-Divisional Officer (SDO), Jhargram as the office was closed due to holiday (Kali Puja). Then they sent written complaints to the Sub-Divisional Officer (SDO), Jhargram through courier service. Surprisingly, on 27.10.2011 the victims were released by police from illegal detention without any charge.
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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