Ambedkar Action Alert: Fwd: Illegal arrest & inhuman torture in police custody

Thursday, September 26, 2013

Fwd: Illegal arrest & inhuman torture in police custody - IMPUNITY

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, Sep 26, 2013 at 8:52 AM
Subject: Fwd: Illegal arrest & inhuman torture in police custody - IMPUNITY
To:

25 September 2013

The Chairman

West Bengal Human Rights Commission

Bhabani Bhaban

Alipur

Kolkata – 1

Respected Sir,

I want to draw your kind attention regarding the incident of arbitrary arrest and physical torture upon the victim; Mr. Saiful Gazi under North 24 Parganas district by the police personnel of Basirhat Police Station. Our fact finding report gives the details of whole incident.

On the date of incident the police personnel of Basirhat Police Station brutally assaulted the victim and took him into their custody without issuing any memo of arrest at the time of arrest and did not reasoned his arrest to him and other witnesses. In this context the concerned police personnel clearly violated the guidelines of arrest by Apex Court in D. K. Basu judgement (AIR 1997 SC 610) and Section 50 of Criminal Procedure Code. The police personnel brutally tortured the victim; hammered his both knees with a hammer while he was in their custody. The police personnel did not provide him any medical treatment while he was in police custody and under severe pain; it was also the violation of Section 54 of Criminal Procedure Code. The police personnel not informed the arrest to any relatives of the victim. In this context the police personnel also violated the section of 50-A of Criminal Procedure Code. The police personnel detained the victim for 12 hours in the police lock up without any charges and after that they released the victim without charge and registration of arrest. On next day the victim went to Shibhati Block Hospital with his mother for medical treatment. But one lady medical practitioner advised them not to complain against the perpetrator police personnel, she not documented his injuries and also not treated the victim properly. On 14.09.2013, Ms. Mariyam Bibi on behalf of the victim lodged a written complaint before the Sub-Divisional Police Station, Basirhat informing the whole incident of physical torture and arbitrary arrest of her son by the perpetrator police personnel of Basirhat Police Station. The incident clearly demonstrates the gross human rights violation, illegal & whimsical act by the perpetrator police personnel of Basirhat police station infringing the right to life and liberty of the victim.

Hence we seek your urgent interventions regarding the following matters: -

· The whole incident must be investigated by Commission's own investigating wings.

· The perpetrator police personnel of Basirhat Police Station must be booked under the law and punished accordingly for their alleged criminal acts.

· The role of medical practitioner of Shibhati Block Hospital must be investigated

· The victims should be compensated and provided adequate protection so that they do not come under any threats or inducement.

Thanking You

Yours truly

Kirity Roy

Secretary, MASUM &

National Convener, PACTI

Name of the victim: - Mr. Saiful Gazi, son of- Mr. Abul Hossain Gazi, aged about- 20 years, by faith- Muslim, residing at Village- Amarpur, Block- Basirhat Block-1, Police Station- Basirhat, District- North 24 Parganas, West Bengal, India.

Name of the perpetrators: - The Inspector-in-Charge of Basirhat Police Station and other police personnel of Basirhat Police Station under North 24 Parganas district.

Date and time of incident: - On 25.08.2013 at about 4.30 am.

Place of incident: - At Amarpur Dhemdhomia crossing under Basirhat Police Station.

Case details: -

It is revealed during fact finding that on 24.08.2013 at about 4.30 am the victim was collecting money as subscription from various truck drivers at Amarpur Dhemdhomia crossing for the upkeep and development of a local club; 'Rockstar'. Suddenly a truck (a ten wheelers vehicle) came from Basirhat and gets stranded to the said crossing and as a result other vehicles queued up next to that vehicle and created jam at the said crossing. Afterwards the victim told the driver of that ten wheelers vehicle to move from that place to clear that jam. Meanwhile three police personnel in plain clothes came to that said place by one motor cycle (two wheelers vehicle) and another police personal in plain clothe also came to the said place by a white 'Tata Sumo' (four wheelers vehicle) from the of Basirhat side. The police personnel stopped their bike in front of the club and the car went towards of 'Ghojadanga Border'. The perpetrator police personnel parked their bike and started to beat the victim by their shoes and fists and blows without disclosing any reason. The perpetrator police personnel asked the victim why he was stopping the vehicles at the said point; while he asked them about the reason of torture meted upon him. The victim clarified the reason by saying that he just told the driver to move his truck to clear the jam. But the involved police personnel refused to hear him. At that time that particular 'Tata Sumo' returned to that incident place and the perpetrator police personnel took the victim to Basirhat Police Station by that car without issuing any memo of arrest. There were several witnesses; Mr. Monajaat Gazi, son of Mr. Yaad Gazi, Mr. Selim Mondal, son of Mr. Kedar, Mr. Jalil Mondal and his wife witnessed the whole incident. It was alleged by the victim that one of the perpetrator police personnel verbally abused the victim by saying 'Khankir Chele' (Son of a prostitute) in front of the Inspector-in-Charge of Basirhat police station who was already inside that car. The perpetrator police personnel illegally detained him into a glass room at the said police station for next 12 hours; he was brought to the police station at about 5.00 am, during his detention the police personnel brutally assaulted on his knees by a hammer at the said glass room. The victim screamed with severe pain and became unconscious. He was not provided with any medical treatment by the police. Mr. Abul Hossain Gazi; the father of the victim was informed by the witnesses about the whole incident. He went to the said police station and after a discussion with the Inspector in Charge; the victim was released at about 4 pm on the same day. It was alleged that the victim was not provided with any food for whole 12 hours of his detention and further verbally abused with filthy languages by the Inspector-in-Charge of the said police station and threatened to falsely implicate him into criminal charges if he dared to complain anywhere. It was also alleged that the police personnel did not take any initiative to medically treat him while he was undergoing with severe pain.

On 26.08.2013, the victim went to Shibhati Block Hospital with Ms. Mariyam Bibi; the mother of the victim. One lady doctor of the said hospital suggested them not to lodge any complaint against the perpetrator police personnel. The victim did not get proper treatment by that said lady doctor and the said doctor did not even mentioned the injuries which he received during the torture by the perpetrator police personnel in his medical document.

On 03.09.2013, the victim was medically treated by Doctor A. K. Mondal and after examining his injuries the said doctor opined, that the injuries were inflicted by physical assault and recorded the statement of the victim in his prescription.

On 14.09.2013, Ms. Mariyam Bibi on behalf of the victim lodged a written complaint before the Sub-Divisional Police Station, Basirhat informing the whole incident of physical torture and illegal arrest and detention of her son by the perpetrator police personnel of Basirhat Police Station.

--
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