From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, Jun 14, 2012 at 6:21 PM
Subject: Minor girl trafficked from bordering area on 25.3.2011, victim's father is under threat of police, girl not yet rescued
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "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, mail@cidwestbengal.gov.in
14 June 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
We have conducted fact finding on the incident where the victim girl was immorally trafficked on 25.3.2011 and she was only 16 years old at the time of the incident. The father of the victim girl several times went to Haroa Police Station since the incident with written complaint making specific allegation of forcible abduction ad immoral trafficking against three persons and also disclosed their names in the complaint. But the police for several months refused to accept his complaint and take any action against the culprits. On 10.12.2011 the victim's father submitted a written complaint before the Superintendent of Police, North 24 Parganas in the matter of refusal of police of Haroa Police Station to accept the complaint of the victim's father, but the situation did not improve. Ultimately on 13.2.2012 one FIR vide Haroa Police Station Case no. 29/2012 dated 13.2.2012 under section 363 of Indian Penal Code was started in the matter of the victim girl, but till date she was not rescued and the accused persons are roaming freely. The victim's father alleged that the police of Haroa Police Station from the beginning was reluctant to take any action against the culprits, and the officer-in-charge of the said police station himself made overwriting by showing the age of the victim girl as 20 years instead of 16 years in the complaint which was treated as FIR. The victim's father lodged written complaint against the officer-in-charge of Haroa Police Station before the Superintendent of Police, North 24 Parganas, but again he came under the wrath and threats of officer-in-charge of Haroa Police Station for lodging complaint against him. Our attached fact finding report gives details of the incident.
Hence we seek your urgent intervention in this matter in the following manner:-
· The whole matter must be investigated by one neutral agency appointed by the Commission
· The perpetrator police officials of Haroa Police Station must be booked under the law for their alleged immoral role played in the matter of the victim girl and they must be punished accordingly.
· Immediate direction must be given to the concerned authorities for immediate rescue of the victim girl and legal action against the accused traffickers.
· The investigation of Haroa Police Station Case no. 29/2012 dated 13.2.2012 must be handed over to any neutral investigating agency and the accused persons must be booked under the Immoral Trafficking (Prevention) Act.
· Any other relief as the Commission may deem fit and proper.
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victim: - Ms. Sajida Khatun (name changed), aged about-16 years, by faith-Muslim, residence at village-Pilkhana, Police Station-Haroa, District-North 24 Parganas.
Particulars of the perpetrator: - The Officer-in-Charge of Haroa Police Station and also the Investigating Officer of Haroa Police Station Case no. 29/2012 dated 13.2.2012 under section 363 of Indian Penal Code.
Case Details:-
It is revealed during the fact finding that the victim girl was trafficked on 25.3.2011. The victim was only 16 years old at the time of the incident. The victim's father came to know that three persons namely Ms. Hafi Khatun, Chakia Bibi and Raju Molla, all of village-Atghora under Haroa Police Station took the victim girl with them by alluring her to provide a job. The victim's father went to local Haroa Police Station to lodge complaint against the traffickers, but the police instead of registering an FIR (First Information Report) issued one GDE (General Diary Entry). The police neither took any action to recover the victim girl nor tried to arrest the accused persons. Then the victim's father several times went to Haroa Police Station and requested the police to start FIR against the accused persons, but the police did not show any interest to register FIR against the accused persons. Again the victim's father went to Haroa Police station with a written complaint along with the age proof of the victim, but the Officer-in-charge of Mr. Sumit Mondal did not accept the complaint. On 10.12.2011 the victim's father submitted a written complaint before the Superintendent of Police, North 24 Parganas in the matter of refusal of police of Haroa Police Station to accept the complaint of the victim's father, but the situation did not improve.
On 13.2.2012 the victim's father again went to Haroa Police Station with a written complaint with intention to lodge an FIR against the accused persons. But the on-duty police officer did not accept the complaint and he was abused in filthy languages by the said police officer. Then he met with the Officer-in-Charge who told that FIR can not be started on the basis of the written complaint brought by him. The Officer-in-Charge of Haroa Police Station asked the victim's father to write a fresh complaint. The victim's father expressed his inability to read and write. Then Officer-in-Charge of Haroa Police Station asked him to get the complaint written by one Mr. Doud Ali Molla and pay him for the same. Then the victim's father met with the said Mr. Doud Ali Molla in the premises of the police station and he wrote one complaint upon listening the victim's father. The victim's father handed over the said complaint to the Officer-in-Charge of Haroa Police Station and the victim's father noticed that he himself made overwriting in the said complaint. Then the said was treated as an FIR vide Haroa Police Station Case no. 29/2012 dated 13.2.2012 under section 363 of Indian Penal Code. Later the victim's father came to know from some people who can read the complaint the age of the victim girl was overwritten by making it 20 years instead of 16 years in the complaint which was treated as FIR. The victim's father realized that the Officer-in-Charge of Haroa Police Station made overwriting in the complaint. The victim's father lodged one written complaint before the Superintendent of Police, Barasat North 24 parganas narrating the entire incident stated above and the police inaction to recover the victim girl and take legal action against the accused persons.
Till date the victim girl has not been recovered by the police and the accused persons are roaming freely. Moreover the Officer-in-Charge of Haroa Police Station threatened the victim's father saying that there would no action in the matter of his daughter as he dared to lodge complaint against him (The Officer-in-Charge of Haroa Police Station) before the Superintendent of Police, Barasat North 24 Parganas.
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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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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