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From: BARAK HUMAN RIGHTS PROTECTION COMMITTEE (BHRPC) <
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Date: Thu, May 13, 2010 at 10:25 PM
Subject: [New post] A Case of Human Rights Violations Involving Extortion
and Harassment of a Victim of Domestic Violence by Police
To: [email protected]
<http://bhrpc.wordpress.com/author/bhrpc/> A Case of Human Rights
Violations Involving Extortion and Harassment of a Victim of Domestic
Violence by
Police<http://bhrpc.wordpress.com/2010/05/14/a-case-of-human-rights-violations-involving-extortion-and-harassment-of-a-victim-of-domestic-violence-by-police/>
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URL:
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*A Case of Human Rights Violations Involving Extortion and Harassment of a
Victim of Domestic Violence by Police*
Assam police in India extorted a victim of domestic violence and harassed
her mother and other two social activists for bribes. Instead of
investigating the complaints filed by the victim police in the Silchar Sadar
Police Station (PS) in the district of Cachar, Assam, threatened and
harassed them while shielding the accused.
Barak Human Rights Protection Committee (BHRPC) <http://../> received
information that the Officer-in Charge (OC) of the Silchar Police Station
Mr. S K Chauhan and Sub Inspector (SI) of police Mr. Narayan Tamuli forced
Sharmista Das, daughter of Late Rishikesh Dutta, resident of Narsing Road,
Shibam Apartment Ground, Ambicapatty, Silchar, Cachar, Assam, and her mother
Sima Dutta to pay them Indian rupees 30,100.00 (thirty thousand and one
hundred) and attempted to get another Rs. 50,000.00 (fifty thousand) by
virtual detention and threat of dire consequences between 3 November, 2009
and 2 March, 2010.
Sharmista Das was married to Mr. Rananjay Das alias Rupam Das, S/o Sri
Rupendra Mohan Das alias Ratul Das, resident of Sri Sumit Endow, Moulavi
Road, Ambicapatty, under Silchar police station in Cachar, on 22 January,
2003 under the Special Marriage Act, 1954. According to her, her husband and
in-laws were not satisfied with her as she did not brought ‘enough’ dowry to
her matrimonial house. They started demanding huge amount of money from her
which she was unable to meet. Consequently they started abusing and
ill-treating her. They even frequently subjected her to severe physical
assault, she alleged. In the meantime she was blessed with two daughters.
Ultimately her husband left her alone with the kids on 3 September, 2009.
Since then there was no communication from his side. But Sharmista and her
mother claimed that they had information that he married another girl and he
was staying with her in Shillong, Meghalaya.
She stated that after her husband had disappeared the in-laws started
demanding dowry and ill treating her afresh. At last they drove her away
from her matrimonial house on 15 November, 2009 forcibly robbing her of all
jewellery and other necessary items. She took shelter at her mother’s house
with her two daughters.
She eventually on 3 November, 2009 filed a complaint against her husband and
in-laws hoping for justice for wrongs done to her. On the basis of the
complaint a First Information Report (FIR) was registered in the Silchar
police station vide Silchar PS Case No. 2126/2009 dated 3 November, 2009
under section 498A of the Indian Penal Code, 1860 (IPC). Instead of
investigating the case, Mr. S K Chauhan, the OC of the PS, started demanding
bribes. At first Mrs. Sima Dutta was forced to pay him Rs. 5000.00 (five
thousand) that day otherwise the OC refused to investigate the case. The OC
then arrested all the accused except the prime accused Mr. Rananjay Das.
Mrs. Dutta had to pay another sum of Rs. 900.00 (nine hundred) to a lady
constable. They revealed that the constable demanded the payment as
remuneration for guarding the lady accused Mitra Das for the night. Showing
the main accused Mr. Rananjay Das as an absconder the police filed charge
sheet in the court on 9 November, 2009. Sharmista claimed that the police
did not investigated the case properly and did not exercised due diligence
and wilfully neglected the arrest of accused No. 1. The OC also took another
sum of Rs. 1,200.00 from Mrs Dutta on 12 November, 2009 which she paid for
fear of attracting wrath of the OC, she claimed.
Sharmista stated that when she was driven away from her matrimonial house
she left there hundreds of items that she received as her wedding gifts.
These were the items of jewellery, apparels, utensils, furniture,
furnishings etc. She filed a complaint on 10 March, 2010 to recover these
things. The case was registered as Silchar PS Case No. 509/10 under sections
379 and 406, IPC. She also filed another application in the court district
magistrate for a search warrant under section 94 of the Criminal Procedure
Code, 1973 (CrPC) vide Case No. 155 M/2010. SI Narayan Tamuli was made the
Investigating Officer (IO) of the police case and he was also entrusted with
the execution of the search warrant. Sharmista and Mrs Mithu Sen, a social
activist, visited the police station on 17 March, 2010 to enquire about the
investigation of the case and the execution of the search warrant. They paid
Rs. 3000.00 (three thousand) and Rs. 20,000.00 (twenty thousand) to Mr. S K
Chauhan and Nrayan Tamuli respectively under threat.
Sharmista alleged that S. I. Narayan Tamuli visited the house of Shri
Rupendra Mohan Das at Moulavi Road, Ambicapatty, Silchar accompanied by her
to execute the search warrant. He did not recover the items listed in the
search warrant which she had shown there. Instead, he bullied her and took a
few insignificant items as the accused were pleased to allow him. He never
visited the other address mentioned in the search warrant.
So, she along with Mithu Sen and Aleya Islam Laskar, another social
activist, visited the police station at 12 noon on 20 March, 2010 to know
about the progress of the investigation relating to her complaints, S. I.
Narayan Tamuli demanded Rs. 50,000.00 (fifty thousand) from them. They
stated that Mr. S. K. Chauhan abused and threatened them with dire
consequences and forcibly kept them in detention for over two hours in order
to force them to pay the amount demanded by Mr. Tamuli. They could come out
from the police station because the activists had connections.
Corruption of this magnitude and brutality with impunity is easily
understandable for a person who knows that Mr. Narayan Tamuli himself is
accused No. 1 in a case of murder for bribes. It is Katigorah P S Case No.
484/07 under sections 302 and 34 of the IPC where SI Narayan Tamuli, ASI
Promod Nath and Constable Ramzan Hussain Choudhury were charged with causing
death by torture of Motahir
Ali<http://www.countercurrents.org/laskar190308.htm>of village
Bhatgram under Katigorah police station in Cachar, Assam on 21
September, 2007. A departmental enquiry was conducted into the incident by R
C Tayal, IPS, Inspector General of Police on 22 September, 2007. The accused
were placed under suspension on 11 March, 2008 vide D. O. No. 703 dated 21
March, 2008 and then reinstated. A magisterial enquiry was also conducted
vide No. MISC. CASE.1/2007/28 dated 9 April, 2008. This enquiry
unequivocally concluded that ‘the police of Kalain Out Post was pro-active
on the brutalities inflicted on Late Motahir Ali simply for the reason that
the deceased family could not afford payment of gratification beyond the
reach of the poorest family.’ A case was also registered in the Assam Human
Rights Commission regarding this incident vide AHRC Case No. 6404/2007. But
till date neither the accused were prosecuted nor the family of the deceased
was adequate compensation or any other type of reparation. That much paper
work was made possible by the support of the people to the efforts of
BHRPC<http://../>
.
In the present case, it is also notable that Mr. Rupendra Mohan Das, the
father-in-law of Sharmista is an advocate and a very influential senior
member of the District Bar Association, Silchar, Assam. He is also well
connected with the big politicians of Barak valley, the southern part of
Assam. Sharmista, her mother and the two social activists stated that no
advocate of the District Bar is willing to represent Sharmista. Members of
BHRPC also talked with some advocates who, requesting anonymity, told that
they are under severe pressure not to take brief against Rupendra Mohan das
or any member of his family. They did not want to risk their life and
career.
BHRPC <http://../> once again urges the authorities to:
1. Register a case against Mr. S K Chauhan and Mr. Narayan Tamuli under
section 7 of the Prevention of Corruption Act, 1988 for demanding and
accepting bribes and sections 389, 342 and 506 of the IPC for putting
Sharmista and her companions in fear of accusation of offence in order to
commit extortion, for their wrongful confinement and for criminal
intimidation respectively.
2. Conduct a prompt, thorough and impartial investigation into the
allegations resulting prosecution.
3. Entrust other officers in places of Mr. Chauhan and Mr. Tamuli and
particularly for investigating the cases filed by Sharmista Das and for
executing the search warrant.
4. Provide Sharmista with the services of a lawyer of her choice to
represent her in her cases.
5. Guarantee adequate security to Sharmista, her mother, other witnesses
and her lawyers.
6. Provide Sharmista and other persons subjected to harassment with
adequate compensation.
Neharul Ahmed Mazumder
Secretary General
Date: 14 May, 2010
Place: Silchar, Assam
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W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.wordpress.com
15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India
Cell: +919401134314
Visit my blog at
www.rightspeaks.blogspot.com
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