* The Chairman National Human Rights Commission Faridkot House Copernicus Marg New Delhi 1
Respected Sir In another incident of gross violation of Constitutional rights bestowed by the State to its citizenry; the police personnel attached with Naihati police station arbitrarily detained 9 human rights defenders (activists) at the said police station without showing any reasons for more than 9 hours. Later, the persons were released from police confinement, again without showing any reasons for the same.* * * *Illegal detention and subsequent harassments are ‘rule of thumb’ for the West Bengal government and its police for any dissenting voices.* * * *On 8.9.2010 at about 2 pm on 8.9.2010, 8 persons were putting posters in front of Naihati Jute Mill; supporting the cause of the labourers of the said Mill, the posters were with no infringing content. While the activists putting posters, a contingent of police personnel from Naihati Police Station arrived at the spot in two police vehicles. The police took all of them at Naihati Police Station by two of their vehicles. Though, the police took custody of females, no female police personnel were present during their drive. After reaching at the said Police Station, the police personnel led by the Officer in Charge of the said Police Station started interrogating those persons with making several discriminatory remarks, mainly police questioned about their links with ‘Maoist’ politics and family details. The said persons were detained in the said police station from 2pm to 11 pm. The police took such actions against those persons without formally arresting them and did not make any memo of arrest at the spot of their apprehension (arrest) and the information of their apprehension (arrest) was neither informed the family, friends or persons known to the detainees. Even the police did not communicate the grounds and full particulars of the offence, if any, for which they were apprehended (arrested). Police forced the detainees to sit at the courtyard of the PS for 9 hours and interrogated them. The detainees interrogated either jointly or separately but without any female police personal. * * * *The detainees were, Ms. Debjani Ghosh; a student of Jadavpur University, Mr. Soumya Mondal; a student of Presidency College- Calcutta University, Ms. Rumpa Roy; student of Surendranath College- Calcutta University, Mr. Arup Biswas; student of Bidhan Nagar College, Mr. Subhrapratim Sinha; student of Techno- India, Mr. Debashis Biswas; a student of Polytechnic College, Mr. Raktim Ghosh; a B. Tech from MSI and also Secretary of USDF and Mr. Ayan Bannerjee; Secretary of SSM. This should be mentioned here that USDF (United Students Democratic Front) is a student organization, while SSM (Sangrami Shramik Mancha) is a labour organization. * *Later in the evening on the same day some social activists reached at the police station and after having an argument with the Officer in Charge of the said police station, the detainees were released. Police did not ask to furnish personal bond while releasing the detainees. The Officer in Charge made a lame excuse that, the police brought said persons at the police station for some routine inquiry, but failed to elaborate further.* * * *A local TV Channel in the evening telecasted news that the said persons were arrested in connection with ‘Maoist’ activities. * * * *The power of police to apprehend shall not be exercised arbitrarily violating dignity and the liberty of an individual. The law recognized some rights of an individual at the time of his apprehension by police in Article 21 and 22(1) of the Constitution of India, Code of Criminal Procedure and the guidelines issued by the Supreme Court of India in DK Basu judgment. The police are duty bound to recognize and scrupulously protect those rights. But in this case the police are accused of non-compliance of those rights and this amount to disregard of the procedure established by law. * * * *If it is a case of arrest, police must follow the norms of arrest. If it is a case of interrogation then those eight people should be served with notice. In this case, it is proved that police of Naihati police station showed they are above the law. They can arrest anyone anytime and also can release them according to their whims. * * * *Government of India vowed before international community that it will protect the human rights defenders in India while affirming the “Declaration on Human Rights Defenders” adopted by the General Assembly of the United Nations on December 9, 1998 (General Assembly resolution 53/144). * * * *We condemn the high handedness of police and illegal detention of human rights defenders and demand the whole incident should be investigated by your own agency. * -- Kirity Roy Banglar Manabadhikar Suraksha Mancha (MASUM) & (PACTI) Programme Against Custodial Torture & Impunity West Bengal INDIA www.masum.org.in
