Murshidabad - DALIT victims were subjected to both mental andphysical torture, illegal arrest, custodial violence and false implicationinto criminal charges by police with IMPUNITY

Murshidabad - DALIT victims were subjected to both mental andphysical torture, illegal arrest, custodial violence and false implicationinto criminal charges by police with IMPUNITY 

6 July 2015

To

The Acting Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi-110023

 

Respected Sir,

 

I lodge this present complaint in the matter where the marginalized DALIT victims were subjected to both mental and physical torture, illegal arrest, custodial violence and false implication into criminal charges by the perpetrator police personnel. The Superintendent of Police, Murshidabad already received written complaint against the perpetrator police personnel of Raninagar Police Station, but as typical no action was taken against the perpetrator police personnel till date. Our attached fact finding report gives details of the incident.

This incident shows the barefaced activities of the perpetrator police personnel of Raninagar Police Station who deliberately resorted to illegal acts in perpetrating torture upon the victim. The perpetrator police personnel enjoying full impunity as still there is no action against them instead a complaint has already been sent to the Superintendent of Police, Murshidabad.

In this case, Article 21 of the Constitution of India; the Human Rights as defined under the Protection of Human Rights Act, 1993; Articles 2, 5, 6, and 8 of the UN Code of Conduct by the Law Enforcement Officials has been blatantly violated by the perpetrator police personnel.  

Due to gross human rights violation of the victims we seek your urgent intervention in this matter in the following manner:-

·         The whole matter must be enquired into by one neutral authority appointed by the Commission.

·         The proper charges of  Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989 and of Indian Penal Code must be included  against the perpetrators

·         The perpetrator police personnel must be booked under the law for their gross illegal activities and punished accordingly.

·         The complaint of the victim must be acknowledged immediately and proper must be directed to be taken on the same by the concerned authorities.

·         The victims should be provided with adequate compensation and protection

Thanking you

Yours truly,

 

 

Kirity Roy

Secretary, MASUM & National Convener, PACTI

 

Particulars of the victim: - Mr. Biman Mondal, son of late Biswanath Mondal, aged about-40 years, Scheduled Caste by birth, by occupation-farmer, residing at village- Rajapur, Police Station-Raninagar, District-Murshidabad, West Bengal, India.

Particulars of the secondary victims: - Ms. Arati Mondal (mother of the victim),aged about 65 years; Ms. Protima Mondal (wife of the victim), aged about-35 years; Ms. Priyanka Mondal (daughter of the victim), aged about 14 years; Master Rahul Mondal (son of the victim), aged about-12 years.

Particulars of the perpetrators: - (1) The Officer-in-Charge of Raninagar Police Station; (2) Mr. Sanjoy Chakraborty, the Sub-Inspector of Police, Raninagar Police Station; (3) Mr. Kaji Jamaluddin, the Assistant Sub-Inspector of Police, Raninagar Police Station; (4) Mr. Tanmoy Bhakt, the Sub-Inspector of Police, Raninagar Police Station 

Date & time of incident: - On 22.3.2015 at noon and subsequent thereafter.

Place of incident: - At the residence of the victim, Raninagar Police Station and Char-Rajapur Police Camp.

Fact Finding Details:-

It is revealed during the fact finding that the victim resides with his family members in the property which belonged to his forefathers and after the death of his father he became one of the co-owners of the property. The victim alleged that Mr. Nousad Mal, Haider Mal and Mr. Rabiul Mal, all sons of Late Khorsed Mal have been trying to forcibly evict him from the property. In this regard the victim lodged several complaints at Raninagar Police Station against the aforesaid persons and the police discharged duty by only issuing GDEs i.e. Raninagar Police Station GDE no. (i) 901 dated 15.10.2012; (ii) 553 dated 13.2.2015; (iii) 1117 dated 21.3.2015; (iv) 492 dated 11.1.2013, but the police did not take any legal action against the aforesaid persons as alleged by the victim. The victim further alleged that the aforesaid persons gained courage in their wrongful attempt to evict him from his ancestral property due to passive support from the police of Raninagar Police Station. 

Under such circumstances, on 22.3.2015 at noon Mr. Sanjoy Chakraborty being the Sub-Inspector of Police along with one police constable from Raninagar Police Station came to the residence of the victim riding in a motorbike and lifted him from his residence without disclosing any reason. No legal formalities were complied with at the time of his apprehension. He was brought at Char-Rajapur Police Camp and he was illegally kept in detention in a room. Thereafter Mr. Kaji Jamaluddin being the Assistant Sub-Inspector of Police from Raninagar Police Station took the victim to Raninagar Police Station and he was put into police lock-up. At about 10 pm on that day Mr. Tanmoy Bhakt brought him out from the police lock-up and took him to another room. In the said room, Mr. Tanmoy Bhakt abused him in filthy languages and beat him by police baton. The victim soon lost his sense but he was not provided any medical treatment. After few hours when he came to sense, he was again subjected to physical assault in custody. His family members were not allowed by the police to meet with him. The victim stated that during custodial torture he requested for water but it was refused to him. He was even threatened to not to disclose the incident to anybody otherwise he would be falsely implicated into severe criminal charges. On 23.3.2015 he was produced before the Sub-Divisional Officer's court, Domkal implicating him in a criminal case vide Raninagar Police Station GDE no.1148 dated 22.3.2015 under section 151/107 of Cr. P. C. and he was released on bail. On 24.3.2015 he was medically treated at Murshidabad Medical College and Hospital and the clinical notes recorded that he was suffering from physical assault.

On 4.4.2015 he sent written complaint through registered post to the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad stating the incident of illegal arrest and custodial violence committed upon him but till date no action has been taken on his complaints.         

-- 

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