Now Murshidabad police planned to accuse the protesters of police torture as rapist + arbitrary detention of a minor
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From: Kirity Roy <kirityroy@...>
Date: 14 January 2014 12:30
Subject: Now Murshidabad police planned to accuse the protesters of police torture as rapist + arbitrary detention of a minor
To: NHRC <covdnhrc@...>, NHRC <ionhrc@...>
Cc: Chief Minister West Bengal <cm@...>, Chief Secretary Gov of WB <chiefsec@...>, Secretary Home Dept Gov of WB <sechome@...>, "DG & IGP, West Bengal Police." <dgpwestbengal@...>, DM Murshidabad <dm.murshidabad@...>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@...>, jrlawnhrc <jrlawnhrc@...>, Secretary to Governor <govsec@...>, OHCHR <urgent-action@...>, "(UN) Prof. Manfred Nowak" <Sr-torture@...>, christof heyns <Christof.Heyns@...>, Violence Against Women OHCHR <vaw@...>
14 January 2014
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
I want to draw your urgent attention towards one of my communiqué to Your good office dated 23rd April 12 through email, copied to several officers of state government and Border Security Force, where I complained regarding inhuman physical torture and harassment by 5 BSF jawans meted upon one person belongs to scheduled caste community, namely Sri Ranjan Mondal, the victim here, on 15.12.11 at south side of “Iron Bridge” of Kaharpara. The victim lost all his agrarian lands after facing the spates of river erosion and floods from river Padma and ultimately became an agrarian wage laborer, and belonged to below poverty level of village Char Sahebnagar under P.S. Raninagar, District- Murshidabad, The perpetrator BSF personnel were attached with Kaharpara BSF out Post No. 5 under 105 Battalion.
The frightened victim and his family somehow accumulated the courage and on 03.04.12 the wife of victim Ms. Sadhana Mondal made a complaint to the Superintendent of Police of Murshidabad where she mentioned about all the details of the torture done by the BSF personnel upon her husband and she also demanded punishment of perpetrator BSF personnel and security of her family and financial compensation there.
On 31.08.2012, I lodged another complaint as the update of the incident of 15.12.2011 to your good office which clearly revealed that on 31.07.12 the Sub Inspector of Raninagar police station, namely Mr. Swarup Biswas in connivance with posted BSF issued a notice in the name of victim’s wife, Smt. Sadhana Mondal, to be present at the police station for the purpose of investigation of her complaint. One Home Guard attached with Raninagar P.S Mr. Kamal Mondal carried the notice at victim’s house. But victim’s wife, the complainant, got the prior information of the unholy nexus between police and BSF so she refused to accept the notice as well as she denied visiting the local police station. It is to be mentioned here that Section 160 (1) of Criminal Procedure Code 1973 categorically prohibits the police requiring attendance of woman to a police station. When she refused to attend Raninagar police station, then Mr. Mondal, Home Guard, openly threatened her by using abusive languages and warned her by saying that her name might be implicated in another false case.
On 17.08.12 around 4pm one police officer and 3 constables all in police uniform of Raninagar P.S. came to victim’s house and order victim’s wife, Ms. Sadhana Mondal, to go with them to the police station. But when it was noticed by her that there were no female personnel with them and further more it was almost evening then she became nervous and frightened and refused to go with them. Then the police openly started threatening her and tried their level best to terrify her for efficacious their order.
Next day, on 18.08.12 at 10am when victim and his wife were just started from their house for the police station, then suddenly Mr. Swarup Biswas, SI and Mr. Kamal Mondal, Home Guard reached at their house in plain dress, on a motorbike and asked some questions regarding the investigation of the complaint by the victim’s wife against BSF. The victim and his wife informed all details about torture by the BSF and also showed them all the documents regarding the treatment of the victim, Mr. Ranjan Mondal. At the spot, some local people having link with cross border smuggling, got agitated and started to use abusive languages to the victim’s wife in front of the police. When the victim’s wife protested then Mr Biswas told her that it was the effect of complaining against BSF and if she wanted to survive from the situation then the only way was to withdraw the complaint made before the police higher ups against BSF. He even threatened them with dire consequences. Mr. Biswas, also warned them by saying “If you do not withdraw the case then the torture upon you will be increased step by step”. Even he challenged the victim and his wife by saying, “I will see who will save you from this precarious situation.
Ms. Sadhana Mondal again sent one complaint on 22.08.12 to the Superintendent of Police of Murshidabad by stating all the difficulties, harassments and mental torture initiated by Mr. Swarup Biswas, SI and other police personnel of Raninagar Police Station, Murshidabad with a motive of safe guarding and releasing those accused perpetrator BSF personnel who were involved in the barbaric act upon the victim, Sri Ranjan Mondal on 15.12.11.
I want to draw your kind attention regarding the incident of false implication, physical torture and illegal detention upon Mr. Sadhu Mondal and his minor boy Mr. Sukumar Mondal. On 23.08.2012, Ms. Sadhana Mondal lodged a written complaint on behalf of her husband Mr. Ranjan Mondal before the Additional Chief Judicial Magistrate Court, Lalbagh on the incident of 15.12.2011 vide GR No. 2708/2012 while the higher authority of Police intentionally did not take any appropriate action regarding on the incident of 15.12.2011 and the court directed the Officer-in-Charge of Raninagar Police Station to make an investigation on the incident of 15.12.2011. Afterwards, Mr. Swarup Biswas; the Sub-Inspector of Raninagar Police Station continuously pressurized Mr. Ranjan Mondal and his wife Ms. Sadhana Mondal to withdraw the complaint with the intention to save those perpetrator BSF personnel Kaharpara BSF Out Post No. 5 of 105 Battalion of BSF instead of making any investigation. But they refused to withdraw the complaint. The said police personal later made conspiracy against Mr. Ranjan Mondal, his wife Ms. Sadhana Mondal and their two children namely Master Sorojit Mondal and Master Biswajit Mondal and as a result, one Ms. Maya Mondal; the Home Guard of Raninagar Police Station motivated her daughter Ms. Supriya Mondal and her husband Mr. Bhanjan Mondal to lodge a false complaint against Mr. Ranjan Mondal and his family members to false implicate them and she lodged a written application to the said police station and the police personnel registered her complaint as General Diary vide Raninagar Police Station General Diary Entry No. 379/2012 dated 07.06.2012. Later she lodged one complaint before the Additional Chief Judicial Magistrate Court, Lalbagh vide Memo No. 884/2012; GR No. 2694/2012 while she claimed that the police personnel of the said police station did not take any action on her application. Afterwards, the court directed the Officer-in-Charge of Raninagar Police Station to cause an investigation and as a result, one First Information Report was lodged to Raninagar Police Station vide Raninagar Police Station Case No. 569/2012 dated 03.10.2012 under sections 448/323/376/511/427/379/34 Indian Penal Code against Mr. Ranjan Mondal, his wife Ms. Sadhana Mondal and their child Mr. Biswajit Mondal, Mr. Sadhu Mondal; the brother of Mr. Ranjan Mondal, Ms. Kalpana Mondal; the wife of Mr. Sadhu Mondal and their three minor children namely Ms. Ashima Mondal, Mr. Sukumar Mondal and Mr. Indrajit Mondal.
On 21.12.2013 at about 10 pm, the police personnel Mr. Goutam Dutta; the Sub-Inspector of Raninagar Police Station, Ms. Maya Mondal; the Home Guard of the said police station, Mr. Kamal Mondal; the Home Guard of the said police station and three or four other involved police constables of the said police station came to the area of the house of Mr. Sadhu Mondal in the name of investigation by car and criminally trespassed into his house without taking any lady police officer. They forcibly criminally trespassed into the house of Mr. Sadhu Mondal where he was sleeping in a room with his minor son Mr. Sukumar Mondal. The involved police personnel forcibly dragged them to their parked car by continuous beating. Ms. Kalpnana Mondal and his daughter Ms. Ashima Mondal tried to protest their atrocious acts, but the police personnel threatened to arrest them ordered them to stand on the courtyard of their house until they would say to move. The perpetrator police personnel took them into their custody without issuing any memo of arrest and left that house. The involved police personnel afterwards went to the house of Mr. Ranjan Mondal with his own brother Mr. Bhajan Mondal and destroyed his house.
The Officer-in-Charge Mr. Sumit Talukdar illegally detained Mr. Sadhu Mondal and his minor son Mr. Sukumar Mondal for more than 36 hours into the police lock up instead of producing them to the concerned court on 22.12.2013 and they did not get any medical examination by any medical practitioner. On 22.12.2013, Ms. Sadhana Mondal lodged one written complaint before the Additional Chief Judicial Magistrate Court, Lalbagh informing the incident of illegal detention of Mr. Sadhu Mondal and the minor child Mr. Sukumar Mondal who was detained into same lock up of the said police station with other adult prisoners vide Misc Case No. 742/2013. The concerned court directed the Officer-in-Charge of Raninagar Police Station to cause an investigation upon the complaint of Ms. Sadhana Mondal.
On 23.12.2013, Mr. Sadhu Mondal was produced before the Additional Chief Judicial Magistrate Court, Lalbagh and filed one bail petition. But the concerned Magistrate rejected his bail petition and sent him to Central Correctional Home, Berhampur and fixed next date for production on 30.12.2013 and the minor boy was produced before Juvenile Justice Board, Berhampur and filed one bail petition. The concerned Magistrate allowed his bail application and he released on the same day.
On 30.12.2013, Mr. Sadhu Mondal again produced before the same court and filed again bail application. The concerned Magistrate allowed his bail application and he released on bail with a strong observation against police action.
Raninagar Police Station Case No. 569/2012 dated 03.10.2012 under sections 448/ 323/ 376/ 511/ 427/ 379/ 34 Indian Penal Code against Mr. Ranjan Mondal, his wife Ms. Sadhana Mondal and their child Mr. Biswajit Mondal, Mr. Sadhu Mondal; the brother of Mr. Ranjan Mondal, Ms. Kalpana Mondal; the wife of Mr. Sadhu Mondal and their three minor children namely Ms. Ashima Mondal, Mr. Sukumar Mondal and Mr. Indrajit Mondal. The Investigating police officer of this case from the date of registration failed to proceed a single inch of the investigation; did not arrange for medical examination of the victim woman who alleged of rape, did not arrange to get statement of the victim woman and / or witnesses before the magistrate under section 164 of Criminal Procedure Code. Thus again proves the mala fide intention of the police of Raninagar PS to harass the victim of torture.
In this context, I want to mention that the police personnel of Raninagar Police Station clearly violated the following matters: -
· The police personnel took Mr. Sadhu Mondal and his minor boy Mr. Sukumar Mondal into their custody without issuing any memo of arrest which clearly violated the guidelines of D. K. Basu’s judgment and Section 41-B of Criminal Procedure Code.
· The police personnel did not inform the ground of arrest to Mr. Sadhu Mondal and his minor boy Mr. Sukumar Mondal while they took them into their custody which clearly demonstrated Section 50 and 50-A of Criminal Procedure Code.
· The victims were detained for more than 36 hours into the police lock up of Raninagar Police Station which is the violation of Article 22 (2) of Indian Constitution and Section 57 of Criminal Procedure Code.
· Knowing well about Mr. Sukumar Mondal was a minor boy arresting police with consent of the in-charge of Raninagar PS, detained for 36 hours into lock up with other adult prisoners which clearly violated also the Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000.
· The whole matter clearly reveals the utter violation of right to life as guaranteed under Art.21 of The Constitution of India by the hands of police.
· The behavior of police personnel of Raninagar Police Station towards the victims clearly showed the revengeful acts only for lodging complaint against them on 23.8.2012; the perpetrator police also violated regulation 33 of Police Regulation of Bengal, 1943.
· The police personnel of Raninagar Police Station also violated the regulations 260 of Police Regulation of Bengal, 1943.
· The victims did not take any medical examination by any medical practitioner while they were detained in the police lock up which violated the section 54 of Criminal Procedure Code.
· The total chronology of the facts is proof of vendetta of police and absence of senior officers to check the errant police officers.
Hence, I want to lodge this present complaint as another update of 15.12.2011 and seek your urgent intervention regarding the following matters: -
· The whole incident must be investigated by the Commission’s own investigating wings.
· The police personnel of Raninagar Police Personnel immediately must be booked under the law and must be prosecuted under criminal law.
· Adequate compensation must be provided to the victims’ family.
· The victims must be free from all criminal charges immediately and provided adequate protection so that they do not come under any threats or inducement.
· Strict order to be passed to protect the victim families.
Secretary, MASUM &
National Convener, PACTI
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@...