---------- Forwarded message ---------- From: Kirity Roy <[email protected]> Date: Mon, Jul 12, 2010 at 12:20 AM Subject: [Com-Con] two persons illegally detained, tortured in police lock up & failure of our criminal justice system To: WBHRC <[email protected]> Cc: [email protected]
*9th July 2010 * * * To The Acting Chairman West Bengal Human Rights Commission Bhabani Bhaban (2nd Floor) Kolkata - 27 Sir, I wish to inform you with utter angst about an incident of human rights violation where two persons from minority community were illegally detained in the police lock-up and were physically tortured during their detention period. Moreover, their family members were insulted by some police personnel while they went to meet the arrested persons in police lock up. Though it was reported that the persons were caught red-handed by the police while they were involved in smuggling; Indian constitution does not allow anyone to torture even if he/she commits any crime. Our police force is not supposed to take the role of judiciary to punish a person. In the present incident the role of the police as well as District Magistrate and also Chief Judicial Magistrate are not other than travesty of our criminal justice system. Article 22 of Indian Constitution and Section 57 of our Criminal Procedure Code directed to produce the arrested person before court within 24 hours. In Police Regulation of Bengal (PRB), 1943, Regulation no. 24 also stipulates when an allegation of misconduct is made before a Magistrate. The District Magistrate of Murshidabad failed to comply the PRB. In Joginder Kumar case the apex court of India ensuring rights of the arrestees in police custody directed to follow some guidelines (para 27) all the Magistrates before whom the arrested person is produced. In this case the Chief Judicial Magistrate of Murshidabad also went wrong. I would like to request you to take necessary action to initiate a specific criminal case with proper penal charges against the perpetrating police personnel, after considering our attached fact finding report. I am sure your assertive action will help us to keep our faith intact upon the rule of law. Thanking you, Sincerely yours Kirity Roy Secretary, MASUM & National Convenor, PACTI * * *Name of the Victim(s):* - 1. Mr. Ejharul Mondal son of Mr. Jamirudin Mondal aged about 30 years 2. Mr. Abid Hossain Seikh son Mr. Afazuddin Seikh, both are residing at Village- Dhanirampur Telepara, Post- Shibnagar, Police Station- Jalangi, District – Murshidabad, West Bengal. *Name of the Perpetrator(s):** *1.* *Mr. Debashis Sarkar, the Officer-in-Charge 2. Mr. Najrul Islam, the Assistant-Sub-Inspector and 3. 4-5 constables, Jalangi Police Station, 4. Mr. S. Jha; the Chief Judicial Magistrate of Murshidabad, District - Murshidabad, West Bengal. * * *Place of incident*: In front of Ghoramara Idgah, District – Murshidabad, West Bengal. * * *Date & time of the incident*: - On 15/05/2010 around 7 am. *Case Details: -* On 15/05/2010 around 9 AM while Mr. Ejharul Mondal was involved in smuggling of some medicine named Fencidyle (used as intoxicant) near Ghoramara Idgah under jurisdiction of Jalangi Police Station, he was caught red-handed along with two of his accomplice namely Mr. Abid Hassan @ Babu and Mr. Nurul Islam by a police team comprising of Mr. Debashis Sarkar, the Officer-in-Charge; Mr. Najrul Islam, the Assistant-Sub-Inspector; and 4-5 constables of Jalangi Police Station. Ejharul alleged that he was physically assaulted by those police personnel at the spot. Subsequently, they were taken to Jalangi Police Station. They (except Mr. Nurul Islam: he was produced before court on next day) were detained illegally at the police station for at least 48 hours and were not produced before any magistrate within the stipulated timeframe (i.e. 24 hours) thus violating section 57 of Criminal Procedure Code (Cr.P.C.) and Constitution of India. Both the arrested persons alleged our fact finding team that they were physically tortured by the police of the said police station while in detention. It was on 16/05/2010 at around 12.15 PM, while one of our members got the information of impending torture, he soon tried to talk to Assistant Sub-Inspector Mr. Paul, the duty officer of Jalangi police station over phone regarding the matter. He did not entertain our member and rather advised to talk to the Superintendent of Police (SP) of Murshidabad. Our member tried to inform the SP repeatedly regarding the incident, but in vain. On 17/05/2010 around 9.35 am he had sent a written complaint to the District Magistrate of Murshidabad by Fax. On 17/05/2010 around 11.45 AM (i.e. after 51 hours of arrest) both the arrested persons were produced before the Chief Judicial Magistrate (CJM), Behrampore after initiating a case vide case no. 308/10 dated 15/05/2010 under sections 379/411/413/414 of Indian Penal Code and 27 (a) (b) (II) of Drugs and Cosmetic Act of India by Jalangi Police Station (PS). A written complaint was made before the CJM regarding the illegal detention and consequently the CJM show-caused the Officer-in-Charge of Jalangi PS. It was very much astonishing that at the same time the victims were sent to police custody in remand by the said magistrate’s order while the magistrate already received complaint against the personnel of the said PS and a report also was sought for from police regarding illegal detention at police station. On 18/05/2010 while Mr. Akbar, brother of Ejharul and some family members of Abid went to Jalangi PS, they were not allowed to meet them and were humiliated by Mr. Najrul Islam, the Assistant-Sub-Inspector of the said PS. The victims were again produced before Chief Judicial Magistrate (CJM), Behrampore on 20/05/2010 and were sent to Behrampore Central Jail. On the same day Mr. Jamirudin Mondal, father of Ejharul sent a written complaint to the District Magistrate of Murshidabad regarding the ill treatment by police personnel, but till date no action has been taken. On 09/07/2010 Ejharul again was produced before the CJM of Behrampore. Police of Jalangi PS was failed to submit the report which was supposed to submit as per order of the CJM court. As a consequence Ejharul got bail on the day. No action was taken against the erring police yet. -- Kirity Roy Secretary Banglar Manabadhikar Suraksha Mancha (MASUM) & National Convenor (PACTI) Programme Against Custodial Torture & Impunity 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 -- To post to this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/common-concern?hl=en?hl=en -- W A Laskar Freelance Reporter and Human Rights Defender with Barak Human Rights Protection Committee <http://bhrpc.wordpress.com/>, http://bhrpc.wordpress.com 15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India Cell: +919401134314 Visit my blog <http://www.rightspeaks.blogspot.com> at www.rightspeaks.blogspot.com Skype: rights.defender -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. 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