Fwd: In the name of resisting Maoists whether police are allowed to flout the procedures

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Feb 1, 2012 at 6:20 PM
Subject: In the name of resisting Maoists whether police are allowed to flout the procedures
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-mid-wb@nic.in

1^st February 2012

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001  

 

Respected Sir,  

 

This is to inform and lodge complaint that on 25.10.2011 the victim Mr. Shibunath Mahato was arrested by the jawans of Joint-Force and the police of Binpur Police Station, District-Paschim Medinipur, West Bengal. The arrest was made without observing any of the guidelines issued by the Apex Court in DK Basu Judgment. Moreover the victim was illegally detained at Binpur Police Station from 25.10.2011 to 30.10.2011. During such detention the victim was subjected to torture both mentally and physically. On 31.10.2011 the victim was produced before the magistrate by implicating him in an old pending criminal case.  The victim's family visited Binpur Police Station on everyday from 25.10.2011 to 31.10.2011 and also filed written complaint before the Sub-Divisional Officer, Jhargram, but the perpetrator police illegally detained the victim at their whims. Our attached fact finding report gives details of the incident.

 

The right to life, equal protection before the law and the right against arbitrary arrest and detention of the victim have been gored to death in the hands of the errant, high handed and unchecked police force being perpetrators in this case. The perpetrators, the wielders of power, at the time of arrest of the victim behaved as if they are law unto themselves and gave scant respect to the guidelines issued by the Apex Court in DK Basu Judgment. 

 

 

Hence we seek your urgent intervention in this matter in the following manner:-  

 

• The whole matter must be investigated by an independent investigating agency appointed by the commission.
• The perpetrators must also be booked and prosecuted under the law and punished accordingly for putting the victim into illegal detention and for committing torture upon while in detention.
• The perpetrators must also be held punishable for contempt of court for violation of the directives issued by the Apex Court in  DK Basu Judgment.
• The victim should be provided with adequate compensation, protection and proper rehabilitation in society with dignity. 

 

 

Thanking You,

Yours truly,  
 

 

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI  

 

Particulars of the perpetrators: - Mr. Shibunath @ Shibu Mahato, son of Mr. Birendranath Mahato, by Caste-Kurmi, aged about-25 years, residing at village- Bhursatora, Police Station-Binpur, District-Paschim Medinipur, West Bengal, India.

 

Particulars of the perpetrators: - The involved police personnel of Binpur Police Station and the involved jawans of the Joint Force.

 

Place of the incident: - In the house of the victim in village-Bhursatora under Binpur Police Station, District-Paschim Medinipur, West Bengal.

 

Date & time of the incident: - On 25.10.2011 at about 8 am

 

Case Details:-

 

It is revealed during the fact finding that on 25.10.2011 at about 8 am in the morning the involved police personnel of Binpur Police Station and the involved jawans of Joint Force entered into Bhursatora village. They came to the victim's house and caught hold the victim. They told him to enter into their vehicle without disclosing any reason. The victim refused to go with them for which they started to beat the victim. They thrashed the victim on the ground and assaulted him mercilessly. Then they forcibly took the victim into their car and they also took one motorbike of the victim's family without issuing any seizure memo. The victim's family asked the reason for arresting the victim and also the picking up of the motorbike but they did not disclose any reason. They only asked the family of the victim to visit Binpur Police Station and left the place with the victim and the motorbike.

 

In the afternoon the victim's father Birendranath Mondal went to Binpur Police Station but he was not allowed to enter into the said police station by the on-duty police personnel. Then from 26.10.2011 to 30.10.2011 the victim's father went to Binpur Police Station, but again every time he was not allowed to meet with the victim. Reportedly the victim was subjected to torture both physically and mentally by police during his illegal detention at the police station. On 31.10.2011 the victim's father lodged one written complaint before the Sub-Divisional Officer, Jhargram informing him about the illegal detention of his son in Binpur Police Station. On 31.10.2011 the police produced the victim at Additional Chief Judicial Magistrate Court, Jhargram by labeling him being an accused in an old pending criminal case i.e. Binpur Police Station Case no. 75/2011 dated 31.8.2011 under sections 363/365 of Indian Penal Code.

--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in