From: Kirity Roy <kirityroy@gmail.com>
Date: Fri, Jan 27, 2012 at 6:16 PM
Subject: Illegal detention in police custody
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, 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
27 January 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi - 1
Hon'ble Sir,
I am forced to knock the door of your Commission repeatedly regarding the extra- Constitutional and illegal acts perpetrated by the police personnel attached with Jhargram police station of West Midnapur district of West Bengal. You are well aware of the volatile situation prevailing at the area due to political unrest. I made similar complaints to your good office with a request to restrain the police force and joint forces to act according the law and rule. In previous occasions I brought into your notice on unbridled illegal arrests and detentions by local police and joint forces in West Midnapur district. The police administration is trying to justify these unconstitutional and illegal acts on the pretext of 'Maoist' violence. Making ridicule to the Constitutional guarantees and other safeguards in criminal procedure code (Cr. P.C). Constitution of India clearly stated in Article 22(2) that 'person arrested or detained in custody should be produced before the nearest Magistrate within 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate, and that no such person should be detained beyond such period without the authority of the Magistrate'.
Throughout this geographical area, the local police with joint forces are terrorizing the poor and marginalized. Commoners are being identified and fabricated with false criminal charges by the police according to their whims. The situation became grimmer while police failed to provide security to the citizenry in one hand and in other snatching their Constitutional guarantees and legal rights. Not preparing arrest memo at the place of arrest, not obtaining signatures of family member or respectable persons of the area as a witness at the memo of arrest, not making true inspection memo, not producing accused before a magistrate within 24 hours of arrest, concocting persons in false cases by large numbers where they are not FIR named accused and depriving information about arrest to family members are few illegal and extra- constitutional acts of police force occurring without any check at the said area.
I am providing you the detail account of the incident herewith for appropriate action on your part.
In this regard I demand:-
- An independent investigation, not by the local police, over the illegal detention of Bikash Mahato
- Proper security and protection for Bikash Mahato and his family
- Adequate compensation for Bikash Mahato
- Initiation of specific criminal case with precise penal provisions against the police and joint force personnel for their involvement in illegal detention and fabrication of official documents (arrest and inspection memo)
- Thorough inquiry on widespread violation of constitutional and legal provisions by the police and joint forces posted at the area
Yours
(Kirity Roy)
Secretary
Banglar Manabadhikar Suraksha Mancha (MASUM)
&
Convener
Programme Against Custodial Torture and Impunity (PACTI)
Case Detail
Mr. Bikash Mahato, son of Bhusan Mahato, resident of village- Akhrasol, Post Office- Joypur, Police Station- Jhargram, and District- West Midnapur is a poor agrarian labour and having no active political connection. His family sustains themselves by agrarian works at others field and selling vegetables to nearby market and produce those in their small piece of land. On 4.12.2011 at around 2 pm, while Bikash was busy with household scores, the police personnel from Jhargram police station came to his house and asked for his name and identity. Bikash made satisfactory reply. After that the said police personnel forcibly took him to their parked vehicle without preparing any memo of arrest at the place and not obtained any signature of his family members who were present at the place of arrest. The family was in shock as Bikash has no criminal anecdotes. While his wife tried to reason with the police personnel, they said after an interrogation at police station, they will let him free. On 5.12.2011 and 6.12.2011, Ms. Shila Mahato; wife of Bikash, visited the Jhargram police station to meet her husband but the police personnel not permitted her for the same. On 6.12.2011, she made a written complaint to the Sub Divisional Officer (SDO) of Jhargram requesting him for appropriate direction regarding her meeting to Bikash at the said police station. Though, she made the complaint on 6.12.2011, but receipt of the complaint was shown as on 7.12.2011. Bikash produced before the Additional Chief Judicial Magistrate- Jhargram's court on 7.12.2011 with a forwarding letter and enclosed arrest memo from one Prasanta Patra, Sub Inspector of Police, who happened to be the Inspector in Charge of Manikpara Beat House under Jhargram police station and prayed for judicial custody for the accused. In enclosed arrest memo, the time of Bikash's arrest was fabricated and shown as on 7.12.2011 at 1.05 hours. His arrest was in reference to Jhargram PS Case No. 162/11 dated 14.6.2011, under sections 147/148/448/427/379/506 of Indian Penal Code.
The de facto complainant of the case, one Mr. Seikh Afsar Ali, son of Seikh Sohrab Ali of village- Muraboni under Jhargram police station made a written complaint on 14.06.2011 and provided a list of 21 persons as accused with specific names and addresses. Mr. Bikash Mahato's name was not in that list and he was not an FIR named accused of that case.
A glance on the Memo of Arrest prepared by the police will prove that arresting police did not inform any person of the family of Mr. Bikash. Police also failed to diarise the incident of arrest.
--
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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