Fwd: Police torture arrest and implication in false charges

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Tue, Mar 20, 2012 at 12:56 PM
Subject: Police torture arrest and implication in false charges
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Chief Minister West Bengal <cm@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-bar@wb.nic.in

20 March 2012

 

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

 

We lodge this present complaint on behalf of the victim Mr. Samad Mondal from District-North 24 Parganas, West Bengal. The family of the victim alleged that the police of Haroa Police Station arrested the victim from local Gopalpur Market on 20.1.2012 at about 11am without disclosing any reason and without issuing any memo of arrest. Moreover the police also allegedly subjected him to torture in police lock up. Moreover the victim allegedly after two days of arrest on 20.2.2012 was implicated in one criminal case and later he was again implicated in another old pending criminal case. The family of the victim claimed that the victim had been falsely implicated in those criminal cases. The police record admits that he was subjected to 'close interrogation' during his detention at Haroa Police Station on 22.2.2012.  Our attached fact finding report gives details of the incident.

 

Here the family of the victim brought direct allegation of committing torture upon the victim while in detention by the police which amounts to criminal offence and violation of law as laid down in Criminal Procedure Code (Sections 50, 50-A, 55-A, 57 and 60-A) and also violation of the guidelines issued by the Apex Court in DK Basu judgment.

 

Hence we seek your urgent intervention in this case in the following manner:-

 

·         The whole matter must be investigated by a neutral investigating agency appointed by the Commission

·         The perpetrator police personnel must be booked immediately under the law and punished accordingly

·         The victim must be relieved immediately from all false and concocted allegations.

·         The victim must be given adequate protection and compensation.

Thanking You,

Yours truly,

 

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

Particulars of the victim:- Mr. Samad Mondal, son of Late Manik Mondal, aged about-40 years, by faith-Muslim, residing at village-Pukuria, Post Office-Gopalpur, Police Station-Haroa, District-North 24 Parganas, West Bengal, India

 

Name of the perpetrators:- (1) The Officer-in-Charge of Haroa Police Station; (2) Mr. Dillur Rahman being the police officer (Chotobabu) of Haroa Police Station; (3) The Investigation Officer in reference to Haroa Police Station case no. 11/2012 dated 22.1.2012; (4) The Investigation Officer in reference to Ashoknagar Police Station case no. 28/2011.

 

Date of incident: - On 20.1.2012 at about 11 am

 

Place of incident: - Near Gopalpur Market under Haroa Police Station

 

Fact Finding Details: - It is revealed during the fact finding that the victim runs his livelihood by guarding fisheries. On 20.1.2012 he went to Gopalpur market for buying grocery items. When he was returning from the said market at about 11 am he was grabbed by two plain clothed police men from Haroa Police Station. The said police men had arrived on the spot in one motorbike and the victim could identify one of them as Mr. Dillur Rahman being the police officer (Chotobabu) of Haroa Police Station. The said policemen abused him in filthy languages even in the names of his parents. He was then forcibly brought at Haroa Police Station by the said policemen without disclosing any reason for the arrest and no memo of arrest was issued. The wife of the victim Ms. Halima Bibi after getting news of such arrest of the victim from local people immediately went to Haroa Police Station with Mr. Mahitosh Das and Mr. Jafar Mondal (members of local Gram Panchayat). They meet with the victim when he disclosed everything to them. He even told that he was brutally beaten in the police lock up and the police forced him to confess that he was involved in one alleged incident of dacoity. He was not even undergone any medical examination since his arrest.

 

It is further during the fact finding that the victim was later implicated in one criminal case vide Haroa Police Station case no. 11/2012 dated 22.1.2012 under the NDPS Act. On 23.1.2012 Mr. Chand Mahammad being Sub-Inspector of Police of Ashoknagar Police Station and also being Investigation Officer in connection with Ashoknagar Police Station case no. 28/2011 dated 21.1.2011 under section 457/380 of Indian Penal Code in one written prayer made before the Chief Judicial Magistrate, Barasat, North 24 Parganas stated inter alia that the victim was subjected to close interrogation on 22.01.12 at Haroa P.S. On interrogation his involvement has strongly been transpired in Ashoknagar Police Station case no. 28/2011 dated 21.1.2011 under section 457/380 of Indian Penal Code as "he confessed his guilt".

 

Therefore the admission on the part of the police clearly establishes that the victim was framed into two criminal cases i.e. Haroa Police Station case no. 11/2012 dated 22.1.2012 which was started after two days of his alleged date of arrest on 20.2.2012 and the other one Ashoknagar Police Station case no. 28/2011 dated 21.1.2011 which was almost one year old when he was allegedly arrested on 20.1.2012. Moreover the police admittedly subjected him to 'close interrogation' at Haroa Police Station on 22.1.2012.  The manner of in which such 'close interrogation' was conducted in the four walls of the police lock up is a question of fact within the special knowledge of the perpetrator police personnel.   

 

The local people stated before our fact finding team that the victim is a man of good character and he belongs to poor and marginal section of the locality. We also received one petition signed by 219 co villagers who demanding the victim is innocent and his immediate release. The victim is now languishing in jail in connection with the above referred criminal cases. His family is now in financially stringent condition as he was the only earning member in the family.

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