Friend We have enough proves to say that the victim was unconstitutionally detained in the police station, tortured & then falsely charged with narcotic drug cases. We are trying to provide him defence lawyer. We request you to support this letter.
Love Kirity To The Honourable Chairman West Bengal Minorities Commission Bhabani Bhaban (2nd floor – West) Alipur Kolkata - 27 30 January 2009 Sir, We have come across an incident of illegal detention and police atrocities upon the victim namely Mr. Asmat Ali Sardar of district-South 24 Parganas when the victim was allegedly arrested from his house on 27.10.2008 without informing the grounds of arrest to him as well as his family members and the police also did not issue any memo of arrest in utter violation of the guidelines issued by the Apex Court in D.K. Basu judgment (AIR 1997 SC 610). Then the victim was not produced before the magistrate within 24 hours in violation of section 57 of Criminal Procedure Code and he was illegally detained in Canning Police Station and finally he was produced before the court on 30.10.2008 by charging him under section 20 (b) of Narcotic Drugs and Psychotropic Substances Act in Canning Police Station Case no. 705/2008 dated 29.10.2008. The seizure list and other related documents manufactured by the police would cast a cloud on action of the perpetrators that the victim allegedly roped in false criminal case to save their back and the victim is still languishing in jail. Our attached fact report would give details of the incident that the right to life of the victim has been violated by the perpetrators in aid and connivance with each other. The victim was also severely tortured during his illegal detention in the police station to confess crime. It is again another incident of sorry state of affairs that the victim was arrested informally and kept in police custody for days together in blatant violation of the provisions of law without any entry of such arrests in the police records. During the informal detention he was subjected to torture. The right to life of the victim in this case had been violated by the illegal acts of the perpetrators. Hence we seek your urgent intervention in this matter in the following manner:- - The matter must be investigated by one neutral agency to reveal truth behind the alleged incident of illegal detention and torture in the police custody by the perpetrators. - The perpetrators must be segregated from making any interference in the matter of inquiry and pending the inquiry the perpetrators must be suspended from their duty. - The perpetrators must be booked under appropriate penal sections of the Indian Penal Code and on proving the guilt must be punished accordingly. - The victim and his family members must be provided adequate protection, shelter and compensation. Thanking You Yours truly, Kirity Roy Secretary of MASUM * * * * * * * * *Name of the victim:- *Mr. Asat Ali Sardar, son of late Jubber Sardar, aged about-51 years, caste-Muslim, residing at Tentulberia, Police Station-Caning, District-South 24 Parganas, West Bengal, India. * * *Names of the Perpetrators: -* (1) Mr. Biswajit Bondopadhya, Officer-in-Charge; (2) Mr. PradipAdhikary, Sub-Inspector; (3) Mr. Naba Kumar Khan, Sub-Inspector, all of Canning Police Station; (4) Mr. Subrata Bhowmik, Circle Inspector, Canning Circle, District-South 24 Parganas, West Bengal, India. * * *Place of Incident- *at the house of the victim at Tentulberia, Police Station-Caning, District-South 24 Parganas, West Bengal, India. * * *Date & time f incident: -* On 27.10.2008 at noon** * * *Case Details*:- It was revealed during fact finding that the victim has been falsely implicated in connection with Canning Police Station Case no. 705/2008 dated 29.10.2008. The victim was charged under section 20(b) of Narcotic Drugs and Psychotropic Substances Act. The wife of the victim alleged that her husband is totally innocent and falsely implicated in this case. The wife of the victim also stated before our fact finding team that her husband was actually arrested on 27.10.2008 at noon by the officers of Caning Police Station from their house when he was bathing his grandson. The wife of the victim tried to know the grounds of arrest but the police officers of Canning Police Station did not disclose the grounds of arrest and forcibly took him to the police station. On 28.10.2008, the wife of the victim went to Caning Police Station and found that her husband was lying on the floor inside the room of the Officer-in-Charge and he was screaming in pain. She also found that the Officer-in-Charge was shouting at him at that time. Then seeing the wife of the victim, the Officer-in-Charge shouted at her as to why she had not bring money and asked her to bring money immediately for release of her husband. Then seeing the inhuman condition of her husband made promise to bring money for release of her husband. The wife of the victim also alleged that the victim was illegally detained in the police station for three consecutive dates since his apprehension on 27.10.2008 and he was subjected to physical torture by the police. The wife of the victim further stated that she was compelled to give Rs.12, 000/- cash to the Officer-in-Charge and then on 30.10.2008 the victim was finally produced before the court implicating him in Canning Police Station Case no. 705/2008 dated 29.10.2008 charging under section 20(b) of Narcotic Drugs and Psychotropic Substances Act. It was revealed from the documents that the First Information Report was lodged against the victim by the Officer-in-Charge Mr. Biswajit Bondopadhya himself on 29.10.2008. From the F.I.R. it could be learnt that the victim was arrested at Tentulberia and on being searched one white colour cotton bag containing 3.100 Kg. of loose ganja could be recovered from the possession of the accused which was kept under his left armpit. As per the FIR the Officer-in-Charge Mr. Biswajit Bondopadhya separated 100 grams of ganja as sample content and also seized all the articles as alamat of the case as per seizure list duly attested by the witnesses in presence of one Gazetted Officer namely Mr. Subrata Bhowmik, Circle Inspector, Canning. It is relevant here to mention that the First Information Report disclosed that the victim was arrested from Tentulberia but surprisingly the family members of the victim was not informed about his arrest by the police though in the First Information Report the address of the victim had been mentioned as Tentulberia. In the seizure list which was also prepared by the officer-in-Charge of Canning Police Station and from the same it could be revealed that the date of seizure of property was mentioned as "28.10.2008" and at the bottom of the seizure list Mr. Biswajit Bondopadhya, the Officer-in-Charge of Canning Police Station put his signature and put date beneath his signature as "28.10.2008". The seizure list (column-8) also mentioned that the sample content to be sent to expert and rest contain to be kept with Canning Police Station "Malkhana" (police go down). But the seizure list prepared by the Officer-in-Charge Mr. Biswajit Bondopadhya contained the signatures of other police officers of Canning Police Station dating 29.10.2008. The putting of separated dates by the officers of Canning Police Station in the same seizure list definitely indicates that the same was manufactured by the police with definite ulterior motives and the seizure list was prepared sitting in the police station and the whole incident is false and invented by the perpetrators by manufacturing false and fabricated documents. The police also acted illegally in violation of section 52A of Narcotic Drugs and Psychotropic Substances Act by keeping the rest of the seized article inside the police station i.e. police go down (Malkhana). The section 52A of Narcotic Drugs and Psychotropic Substances Act provides powers to police officers to dispose of the seized contraband than to keep it inside police stations to avoid its misuse. Contrabands being kept in Malkhanas provide an opportunity for misuse. This being a serious matter is defeating the very object of law. ** It was further learnt from the statement dated 11.12.2008 of the Government Analyst (In-charge of Narcotic Section) State Drugs Control and Research Laboratory that the sample content was received by the laboratory on 3.11.2008 and the gross weight of the sample was 125 grams. Therefore it is clear that the weight of the sample content when it is received at the laboratory was different form the weight of the sample content at the time of seizure which gives rise to the presumption that the sample content was definitely tampered with by the perpetrators. -- Kirity Roy Secretary Banglar Manabadhikar Suraksha Mancha (MASUM) 26 Guitendal Lane Howrah 711101 West Bengal INDIA Mobile: 09903099699 Tele Fax : +91-33-2640 4118 Phone: +91-33-2640 4520 e. mail : [email protected] Web: www.masum.org.in -- W A Laskar Freelance Reporter and Human Rights Activist with Barak Human Rights Protection Committee, http://bhrpc.net.googlepages.com 15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India Cell: +919401134314 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
