From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, May 31, 2012 at 12:51 PM
Subject: A Congress leader was forced to suck genital of other UTPs in custody - Sexual perversion of West Bengal police
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "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 Murshidabad <dm.murshidabad@gmail.com>
30 April 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
I am writing to lodge complaint regarding yet another case of illegal arrest and custodial violence by the perpetrator police personnel of Salar Police Station, District- Murshidabad, West Bengal. The details of the incident are mentioned in the attached fact finding report. Victim is a local leader of Congress (Indian National Congress) party.
On 18.4.2012 in the midnight the perpetrator police personnel of Salar Police Station arrested the victims without maintaining any legal procedure. The victims had no clue as to the reason of their arrest and also no Memo of Arrest was issued at the time of arrest. At the time of arrest the victims were brutally tortured. Then the victims were also subjected to inhuman torture in police lock-up at Salar Police Station by the perpetrator police personnel and they were forced to do certain acts such as to suck each others private parts. On 19.4.2012 the victims were produced before the concerned judicial magistrate and later on the same day the victims were admitted at hospital. Medical reports of the victims exhibit the gravity of the torture committed upon the victims.
We condemn this heinous incident which hit our conscience with the fact that the custodial violence and violation of law and legal mandates are still a well cherished practice among a section of men in uniform and they have no intention to give respect to the procedural mandates and the constitutional rights available to a person against arbitrary arrest and custodial violence.
We immediately demand stern punitive action against the perpetrator police personnel of Salar Police Station. We further demand that the whole matter must immediately be probed into by one independent investigating agency appointed by the Commission. Considering the fact the perpetrators are police personnel, so the victims and the witnesses in this case must be provided with adequate protection so that they do not come under any threats, inducement and harassment. We also demand adequate compensation for the victims.
We immediately seek your urgent intervention in this matter so that the perpetrators can be booked under the law immediately.
Thanking you,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victims: - (1) Mr. Chand Mohammad Seikh son of Late Bablu Seikh; (2) Mr. Sukur Seikh, son of late Chilu Seikh; (3) Mr. Fijoj Seikh, son of Moksud Seikh, all from village-Hamidhati Pilkhundi, Police Station-Salar, District-Murshidabad.
Particulars of the perpetrators: - (1) Mr. Subrata Majumdar being officer-in-Charge of Salar Police Station; (2) Mr. Sainik Tarafdar, Sub-Inspector of Salar Police Station; (3) Mr. Pradip Roy, the Assistant Sub-inspector of Salar Police Station.
Date & time of the incident: - On 18.4.2012 at about 5 and subsequent thereafter.
Place of incident: - In the house of Mr. Imam Seikh of Sarmastipur under Police Station-Salar, District-Murshidabad also in Salar Police Station.
Case Details:-
It is revealed during the fact finding that on 18.4.2012 at about 5 pm the police personnel of Salar Police Station namely Mr. Subrata Majumdar, Mr. Sainik Tarafdar, Mr. Pradip Roy along with 4/5 police constables entered into the house of the victim Mr. Chand Mohammad Seikh. Mr. Chand Mohammad is a known leader of Congress Party of that locality. There was no female police persons with the said police personnel. The police personnel forcibly entered into the house of the victim. They searched for the victim in the house but they did not find him and out of rage they started abusing the female members of the house in filthy languages. They also threatened them (the family members of the victims) with dire consequences if the victim did not attend the police station immediately. The police personnel did not disclose any reason for searching the victim and the facts also emerged during the police raid that the said police personnel also came in search of the other victims.
On the same day the victims took shelter in the house of Mr. Imam Seikh in Samastipur village out of police harassment. Mr. Imam Seikh is the father-in-law of the victim Mr. Sukur Seikh. However the police personnel of Salar Police Station got news of the whereabouts of the victims and in the midnight at about 00.45 hrs. Mr. Sainik Tarafdar, Sub-Inspector of Salar Police Station with huge police personnel of Salar Police Station raided the house of Mr. Imam Seikh. They forcibly entered into the house and ransacked the household articles. They captured the victims and started assaulting them brutally by wooden sticks and rifle butts. They were tied by a rope and put into a police vehicle. The police personnel neither disclosed any reason for arrest of the victims nor issued any Memo of Arrest. The police vehicle left the place with the victims and the perpetrator police personnel and in the midway the vehicle stopped. Then the victims were taken out of the vehicle and they were again brutally assaulted by the police personnel. Then they were brought at Salar Police Station and again they were assaulted in naked condition and allegedly the victims were even forced to suck each other's private parts by the perpetrator police personnel. Reportedly some people from the village of the victims came to Salar Police Station after getting news of the police brutality upon the victims and started protesting against the police brutality. Then reportedly the Superintendent of Police, Murshidabad came to the police station and under his instruction the victims were shifted to Kandi Police Station. Then from Kandi Police Station the victims were produced at the Additional Chief Judicial Magistrate Court, Kandi on 19.4.2012 by implicating them in an old pending criminal case vide Salar Police Station Case no. 36/2012 dated 20.3.2012 under sections 325/326/307/34 of Indian Penal Code. The advocate appearing for the victims made a written complaint before the Additional Chief Judicial Magistrate Court, Kandi against the perpetrator police personnel of Salar Police Station for perpetrating torture upon the victims in custody. The victim Mr. Chand Mohammad Seikh could not stand properly and fell down while he was produced physically before the Additional Chief Judicial Magistrate. The Additional Chief Judicial Magistrate directed for proper arrangement of the medical treatment of the victims. Then on the same day the victims were bought at Kandi Sub-divisional Hospital for treatment but the attending doctor referred Mr. Chand Mohammad Seikh to Berhampore New General Hospital upon examining the seriousness of his physical condition. Mr. Chand Mohammad Seikh was in admission in the said hospital for treatment from 19.4.2012 to 4.5.2012. The victims Mr. Sukur Seikh and Mr. Fijoj Seikh were discharged from Kandi Sub-divisional Hospital on 28.4.2012. Later the victims were released on bail on 18.5.2012. The discharge certificate issued by Berhampore New General Hospital recorded that the victim Mr. Chand Mohammad Seikh was "suffering from physical assault by police".
The family members of the victims alleged that the victims were falsely implicated in the aforesaid criminal case by the perpetrator police personnel. On 20.4.2012 Ms. Seherunnesa Bibi, wife of Mr. Chand Mohammad Seikh submitted one written complaint before the Inspector-in-Charge of Kandi Police Station against the perpetrator police personnel of Salar Police Station for perpetrating torture upon the victims. On 7.5.2012 Ms. Hamida Bibi, sister of the victim Mr. Chand Mohammad Seikh sent one written complaint to the Officer-in-Charge of Salar Police Station through the registered post with A/D narrating the incident of police torture upon the victims. On 9.5.2012 Ms. Hamida Bibi also submitted one written complaint before the Superintendent of Police, Murshidabad narrating the incident of police torture upon the victims and she also prayed for proper legal action against the perpetrator police personnel of Salar Police Station. The police and its higher administration till date failed to take any action against the perpetrator police personnel of Salar Police Station in spite of receiving complaints against the perpetrators.
The family members of the victim Mr. Chand Mohammad Seikh stated that he raised his voice against the ongoing unholy police –political nexus in the area and he was one of the signatories in one written complaint dated 16.4.2012 sent to the Law Minister, Govt. of West Bengal regarding the illegal activities of the involved police personnel of Salar Police Station. The family members of Mr. Chand Mohammad Seikh stated he became an eye-sore to the police of Salar Police Station for his protesting voice.
Ms. Seherunnesa Bibi, wife of Mr. Chand Mohammad Seikh stated that on 19.4.2012 she went to the Additional Chief Judicial Magistrate Court to see her husband. In the court premises she saw that at about 1 pm the victims were brought at court in police vehicle of Salar Police Station. She saw that the victims were unable to walk properly. She asked Mr. Sainik Tarafdar, Sub-Inspector of Salar Police Station was present there at that time with his fellow policemen of Salar Police Station about the reason behind such physical condition of the victims. Mr. Sainik Tarafdar became furious and shouted at her saying that he assaulted her husband and he would assault her also and he immediately saying so kicked on her body and also slapped on her face. As a result she almost lost her sense. She was immediately admitted at Kandi Sub-Divisional Hospital from where she was discharged on 21.4.2012. All the accused persons released on bail by the order of Sessions court on 18th May 2012 on condition to attend Salar police station everyday.
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
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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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