From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Dec 7, 2011 at 7:16 PM
Subject: police had some unconstitutional power in West Bengal with IMPUNITY
To: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>
Cc: jrlawnhrc <jrlawnhrc@nic.in>, NHRC <covdnhrc@nic.in>, 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
6th December 2011
To
The Hon'ble Member
National Human Rights Commission
Faridkot House
Copernicus Marg
Respected Sir,
This is to inform and lodge complaint that on 25.10.2011 the victim Mr. Prasanta Mahato was arrested by the police of Jhargram Police Station, District-Paschim Medinipur, West Bengal and the jawans of Joint-Force. The victim was illegally detained at Jhargram Police Station from 25.10.2011 to 2.11.2011. During such detention the victim was subjected to torture both mentally and physically. On 3.11.2011 the victim was produced before the magistrate by implicating him in an old pending criminal case. The victim's family visited Jhargram Police Station on everyday from 26.10.2011 to 2.11.2011 and also filed written complaint before the Sub-Divisional Officer, Jhargram, but the perpetrator police illegally detained the victim at their whims.
The right to life, equal protection before the law and the right against arbitrary arrest and detention of the victim have been gored to death in the hands of the errant, high handed and unchecked police force being perpetrators in this case. The perpetrators, the wielders of power, behaved as if they are law unto themselves and gave scant respect to the guidelines issued by the Apex Court in DK Basu Judgment.
Hence we seek your urgent intervention in this matter in the following manner:-
- The whole matter must be investigated by an independent investigating agency appointed by the commission.
- The perpetrators must also be booked and prosecuted under the law and punished accordingly for putting the victim into illegal detention and for committing torture upon while in detention.
- The perpetrators must also be held punishable for contempt of court for violation of the directives issued by the Apex Court in DK Basu Judgment.
- 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:- Mr. Prasanta Mahato, son of Mr. Srimanta Mahato, residing at village-Jarulia, Police Station-Jhargram, District-Paschim Medinipur, West Bengal, India.
Particulars of the perpetrators: - The involved police personnel of Jhargram Police Station and the involved jawans of the Joint Force.
Place of the incident:- On the road near Kalaboni under Jhargram Police Station, District-Paschim Medinipur, West Bengal.
Date & time of the incident: - On 25.10.2011 at about 3 pm
Case Details:- It is revealed during the fact finding that on 25.10.2011 at about 3 pm the victim was returning home from Jhargram Market after shopping. But on the way near Kalabani area the involved police personnel of Jhargram Police Station and the involved jawans of Joint Force restrained him and forcibly picked him in their vehicle and went to Jhargram Police Station. At the time of the arrest the victim was not informed the reasons for the arrest, even no memo of arrest was issued. The police also did not send any information to the victim's family about his arrest. The persons who witnessed the arrest on the road informed the victim's family of his arrest. In the morning on 26.10.2011 the grand-mother of the victim went to Jhargram Police Station to meet with him, but the police did not allow her to meet with him. The victim's grand-mother subsequently from 27.10.2011 to 1.11.2011 went to Jhargram Police Station to meet with the victim, but the police did not allow her to meet him and everyday the police gave false assurance to her that he would be released soon but could not be done so because of non availability of one officer or the other. During such detention the victim was subjected to torture both mentally and physically.
On 2.11.2011 the victim's grand-mother submitted one written complaint before the Sub-Divisional Officer, Jhargram on the incident of illegal detention of the victim by Jhargram Police Station and demanded for his immediate release or production before the magistrate.
On 3.11.2011 the police produced the victim in the court of Additional Chief Judicial Magistrate, Jhargram accusing him in a criminal case vide Jhargram Police Station Case no. 274/2010 dated 12.9.2010 under sections 302/201/379/34/121/121A/122/124A of Indian Penal Code and Section 25/27 of Arms Act. The said criminal case is an old pending criminal case and the victim's name was not mentioned in the original complaint against which the said criminal case was initiated.
--
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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