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Thursday, November 10, 2011

Mr. Khokan Mahato and Mr. Biswajit Mahato were illegally arrested by the police of Jhargram Police Station



---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, Nov 10, 2011 at 4:49 PM
Subject:
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-mid-wb@nic.in, dmpmid@gmail.com


10th November 2011
 
To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001 

 

Respected Sir, 

 

This is to inform and lodge complaint that on 19.10.2011 at about 11 am the victims Mr. Khokan Mahato and Mr. Biswajit Mahato were illegally arrested by the police of Jhargram Police Station, District-Paschim Medinipur, West Bengal and the jawans of Joint-Force. The perpetrators engaged with the operation did not issue any 'Memo of Arrest' at the time of arrest nor disclosed any reason for the arrest. The guidelines issued by the Apex court on arrest in DK Basu judgment (AIR1996 SC610) were profusely violated by the perpetrator police personnel of Jhargram Police Station and the jawans of Joint Force. Though the victims were arrested on 19.10.2011, but they were not produced before any magistrate within mandatory period which is also a sheer 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 and ultimately they were produced before the ACJM Court, Jhargram on 23.10.2011 implicating them in old pending criminal case. 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. Moreover the perpetrators are also accused of violating the procedural laws in Criminal Procedure Code which provide safeguard to individual from unwarranted acts and atrocity by state agencies.    

 

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 Protection of Human Rights Act, 1993.

·               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 acts as they allegedly committed theft of valuable articles in the house of the victim Mr. Khokan Mahato and also involved in assaulting the victims while performing the illegal arrest.

·               The victims should be provided with adequate compensation, protection and proper rehabilitation in society with dignity. 

 

Thanking You,

Yours truly, 
 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI 

 

 

Particulars of the victim: - (1) Mr. Khokan Mahato alias Dibang Mahato, son of Bhabesh Mahato, aged about-25 years, by faith-Hindu, by Caste- Kurmi; (2) Mr. Biswajit Mahato, son of Sanatan Mahato, aged about- 30 years, by Caste-Kurmi, both residing at village-Ghritagram, Police Station-Jhargram, District-Paschim Medinipur, West Bengal, India. 

 

Particulars of the perpetrators: - (1) The Officer-in-Charge of Jhargram Police Station; (2) the involved police personnel of Jhargram Police Station and the jawans of Joint Force who raided the house of the victim on 19.10.2011 at about 11 am.

 

Place of the incident: - In the house of Mr. Khokan Mahato and also Jhargram Police Station.

 

Date & time of the incident: - On 19.10.2011 at about 11 am.

 

Case Details:-

 

It is revealed during fact finding that on 19.10.2011 in the morning the victim Khokan Mahato was working inside the premises of his house to build the mud roof of the house and Mr. Biswajit Mahato was also working there with him at that time. At about 11 am some police personnel of Jhargram Police Station and the jawans of Joint Force trespassed into the house for the sake conducting a search in the house to nab down the alleged members of 'Maoists' group. Suddenly they apprehended Mr. Khokan Mahato and Mr. Biswajit Mahato and forcibly dragged them outside the house. They openly started assaulting Mr. Khokan Mahato indiscriminately by fists and blows on the village road on full view of the villagers and his family members. In the meantime some of the jawans entered into the house of Mr. Khokan Mahato and started ransacking the almirah and other boxes kept inside there. They took away one gold ear ring, one silver necklace, one pair of silver Tora (and cash of Rs.3000/- by breaking open the almirah and the boxes. The police personnel and the involved jawans of Joint Force took the victims Mr. Khokan Mahato and Mr. Biswajit Mahato in their vehicle. Their family members asked the police personnel and the jawans of Joint Force the reason for their arrest, but they did not issue any memo of arrest, not disclosed any reason for the arrest.

 

On 20.10.2011 the family members of Khokan Mahato and Mr. Biswajit Mahato went to Jhargram Police Station to meet with them. But the police personnel did not allow them to enter into the police station and they simply told to the family members that both the victims were not confined in the police station. Subsequently the family members of the victims also went to Jhargram Court to look for them expecting that they might be produced in Jhargram court by the police. But the police did not produce them in the court for which they had to file one written complaint before the Sub-Divisional Officer, Jhargram on 20.10.2011 informing him of the illegal detention of the victims at Jhargram Police Station.

 

On 23.10.2011 the police of Jhargram Police station produced the victims at Additional Chief Judicial Magistrate(ACJM) court implicating them in a ole pending criminal case vide Jhargram Police Station Case no. 99/2011 dated 2.4.2011 under sections 341/302/34 of Indian Penal Code and 25/27 Arms Act. Police also submitted before the court the statement of the accused taken while they were in police custody.

 

On that day the police of Jhargram Police Station took them under remand in police custody for 7 days after making prayer before the ACJM Court. 



--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

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