Fwd: A case study - arrest, torture in custody & the role of justice delivery system, IMPUNITY

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Tue, Oct 8, 2013 at 9:56 AM
Subject: Fwd: A case study - arrest, torture in custody & the role of justice delivery system, IMPUNITY
To:

7^th October 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

 

I want to draw your kind attention on an incident of heinous police torture and false implication in criminal charges of Mr. Rafikul Mondal by the police personnel of Jalangi police station under Murshidabad district.  During this atrocious act, the female members of the family including his wife; Ms. Sima Bibi were molested by the police personnel. Our fact finding report will provide the details of whole incident.

 

The incident took place on 07.08.2013. In this context, it was reported that on an after of panchayet elections, there was a conflict between the local unit of the ruling party and the family of the victim due to political differences. The political ruling party used the police force of Jalangi police station to dominate them and to establish their political supremacy to control them. On the date of incident the police personnel of Jalangi police brutally assaulted the victim; Mr. Rofikul Mondal and his wife; Ms. Sima Bibi was molested and humiliated in the hands of the perpetrator police personnel. After that Mr. Rofikul Mondal was taken to Jalangi police station by the involved police personnel and he was again physically tortured by them in the said police station. The police personnel threatened him to falsely implicate him into false criminal charges if he would disclose the incident of physical torture to anyone. Afterwards the perpetrator police personnel falsely implicated him into false criminal charges vide Jalangi Police Station General Diary Entry No- 540/2013 dated 06.08.2013 and Jalangi Police Station General Diary Entry No- 347/2013 dated 07.08.2013 under sections 151/107/116 (C) of Criminal Procedure Code and produced him before Court of Sub-Divisional Officer, Lalbagh. Mr. Rofikul Mondal released on bail vide Prosecution Report No 493/2013 by the concerned court on the same day. In this context I want to mention that-

 

• The police report says " .. On 07/8/13 during the RT –lll mobile duty as per telephonic information of O/C Jalangi PS my had been to vill. Joykrishnapur" ....... "found the person as noted in column – 3 standing on the road side"......... "he was asked about the information. Suddenly he picked up a lathi and tried to assault police personnel" ......... " Finding no other alternative I arrested to prevent an (overwriting) u/s 151 crpc".   
• The Police Arrest / Custody Memo prepared by police shows in Para 5 Sub Para e, f, g) Rafikul was arrested on -7.8.13 at 04.15 hrs from accd's house
• Both the police documents were signed on same date i.e. 07.8.13 by same person Mr. Subhendu Saha, Sub Inspector of Police, Jangi PS. While the two documents contradicts each other on point of place of arrest.
•  

·         There is no section defined as Section 116 (C) in the Code of Criminal Procedure, 1973 and there is no justification to apply this particular section by the police personnel of Jalangi police station. Section 116 defined as 'Inquiry as to truth of information' by the Magistrate and it consists of sub-sections 1, 2, 3(a) and (b), 4, 5, 6, 7. The police cannot tag anyone with this particular section. In this context the police personnel of said police station tagged the victim with the section 116 (C) of Code of Criminal Procedure.

·         The self claimed "Investigating Officer", it would be "Inquiry Officer" produced a prosecution slip vide West Bengal Form No. 5358 before Domkal SDEM Court mentioning the section "116(C)", it would be section 116(3) of Criminal Procedure Code as the information against Mr. Rofikul Mondal and the concerned Magistrate overlooked the whole matter to support the illegal activities of the police personnel of Jalangi police station. The concerned executive magistrate did not apply his judicial mind before making an stereo typed order.

·         The Executive Magistrate did not pass any judgement in that case where the victim was implicated under 151/107/116(C) due to that this particular section is only for section 108/109/110 of Code of Criminal Procedure, 1973.

·         "Proceeding under S. 107 are not justified when there is no disturbance to public peace." -  2000 (83) DLT 219. In this case it is well evident that police while arresting and torturing a family in the bed room after criminally trespassing in victim's house

The police personnel forced the Doctor of Majhardiar Primary Health Centre to prescribe that he was not physically tortured by them while he was taken to that said health centre for medical examination. On 08.08.2013, Ms. Sima Bibi lodged a written complaint on behalf of her husband before the Sub- Divisional Officer, Domakal, Murshidabad district informing the incident of brutal police torture and false implication upon her husband and describing the incident of humiliation with the nature of molestation upon her and other female members by the perpetrator police personnel of Jalangi police station.  But till date no action has been taken by the said sub-divisional officer.

 

On 15.08.2013, Mr. Anarul haq, the solo witness of the incident dated on 07.08.2013, told that Mr. Rafikul Mondal and his family members were physically tortured and humiliated by the perpetrator police personnel of Jalangi police station.

 

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

·         The whole incident must be investigated by the Commission's own investigation wing.

·         The perpetrator police personnel of Jalangi Police Station immediately must be booked under the law and prosecuted under the criminal law for their alleged criminal acts and acts committed in violation of law.

·         The role of the Executive Magistrate, Domkal must be investigated.

·         The victim and his family should be provided with adequate compensation for his financial loss as well as adequate protection, so that they do not face further threat or intimidation.

Thanking You

Yours truly

 

 

 

Kirity Roy

Secretary, MASUM

&

Convenor, PACTI

 

 

 

Name of the victim: - 1) Mr. Rafikul Mondal alias Kalu, son of – Mr. Najrul Mondal, aged about- 30 years, 2) Ms. Sima Bibi, wife of- Mr. Rafikul Islam, aged about- 27 years, both are residing at Village+ Post Office- Joykrishnapur, Police Station- Jalangi, District- Murshidabad, West Bengal, India.

 

Name of the perpetrators: - 1) Mr. Subhendu Saha (Sub-Inspector of Jalangi Police Station), 2) Mr. Tapas Mondal (Assistant Sub-Inspector of Jalangi Police Station) 3) 7/8 other involved police constables 4) Officer- in- Charge of Jalangi Police Station under Domkal Sub-Division, Murshidabad, West Bengal, India.

 

Date and of incident: - On 07.08.2013 at 1.30 am.

 

Place of occurrence: - In the dwelling house of the victims.

 

Case details: -

 

It is revealed during fact finding that Mr. Rafikul Mondal is a 'Biri worker' and the cultivation is major livelihood option. The victim is residing at a piece of land of 5 decimal which is in the name of his father; Mr. Najrul Mondal with his wife; Ms. Sima Bibi and his other family members. Mr. Rafikul Mondal and other male family members of his house are going to outside of the state to find jobs due to the lack of opportunity of work at their village. Mr. Rafikul Mondal and other family members have social acceptance to their society. A conflict was raise over the issue of political disputes among the family members of Mr. Rafikul Mondal and the ruling political party from the time of Panchayet election. The leaders of ruling political party used the police force of Jalangi Police Station to establish their political supremacy and to subjugate them to control over them.

 

It was alleged by Mr. Nazrul Mondal on 07.08.2013 at 1.30 am, the armed perpetrator police personnel suddenly attacked to the house of victims accompanied with seven or eight police constables of Jalangi police station by a white 'Tata Sumo' (four wheelers vehicle) (car no- WB 58 F 5092) in the absence of him while the family members were sleeping. The perpetrator police personnel started to knock fiercely on the door of the victim's house and the female family members of the victim were awaken. The involved police personnel criminally trespassed into the house of victim without taking any lady police constables and started to use filthy languages to the female members of that house by saying that 'we will tear everyone's blouse and clothes and that will be the appropriate  lesson for you.' Mr. Rafikul Mondal at that time was came to that place and asked them to know the reasons about their ill behaviour. The perpetrator police personnel started to brutally assault him by the wooden sticks in their hands. Mr. Rafikul Mondal was felt down on the floor of the room with severe pain by that ruthless torture of the police personnel. Ms. Sima Bibi; the wife of Mr. Rafikul Mondal did not tolerate to see that ruthless torture upon her husband and she rashly came to that incident place to save her husband from the hands of the police personnel. The police personnel suddenly pounced upon her with the intention to molest her while she requested them to free her husband. She rashly run towards a room and closed it to save her dignity. It was alleged by Ms. Sima Bibi that Mr. Subhendu Sahastarted to kick on that door with the intention to break it. The police personal trespassed to that room after breaking it and molested her by tearing cloths over her body. The mother-in-law and sister-in-law of her all were lost their dignities in the hands of the police personnel of Jalangi police station. The involved police personnel brutally assaulted Mr. Rafikul Mondal yet again and dragged him to their parked car. Mr. Rafikul Mondal afterwards was taken to Jalangi police station by them and he was assaulted again while he was taking by them inside their car. It was alleged by his wife; Ms. Sima Bibi that her husband was brutally assaulted by the perpetrator police personnel in the said police station also. 

 

The attending doctor of Domkal Sub Division Hospital opined in Final Diagnosis as "Physical assault causing multiple bruise over back, both leg & blunt trauma with swelling of Lt. Knee with leg and at foot."

 

On the same day at morning, Mr. Subhendu Saha kept Mr. Rafikul Mondal in the gun point and forcibly took a signature of him in a white piece of blank paper mentioning that he did not receive any physical torture by them. Mr. Subhendu Saha threatened Mr. Rafikul Mondal to kill and falsely implicate him into false charges if he would dare to lodge any complaints against them to anywhere.  Mr. Rafikul Mondal informed to our fact finding team that the police personnel compelled the Doctor of Majhardiar Primary Health Centre to prescribe that he was not physically tortured by them while he was taken to that said health centre for medical examination. Mr. Rafikul Mondal was taken to Court of Sub-Divisional Officer, Domakal and produced before that said court after falsely implicating vide Jalangi Police Station General Diary Entry No- 540/2013 dated 06.08.2013 and Jalangi Police Station General Diary Entry No- 347/2013 dated 07.08.2013 under sections 151/107/116 (C) of Criminal Procedure Code. On the same day he was released on bail in connection with  General Diary Entry No. 547.347 dated 06.08.2013 & Prosecution Report No 493/2013 by the concerned court. Mr. Rafikul Mondal afterwards was medically treated at Domkal Sub-Divisional Hospital till 14.08.2013.

 

On 08.08.2013, Ms. Sima Bibi wife of- Mr. Rafikul Islam lodged a written complaint on behalf of her husband before the Sub- Divisional Officer, Domakal, Murshidabad district informing the incident of brutal police torture and false implication upon her husband and describing the incident of humiliation with the nature of molestation upon her and other female members by the perpetrator police personnel of Jalangi police station.  But till date no action has been taken by the said sub-divisional officer.

 

On 15.08.2013, Mr. Anarul haq, the solo witness of the incident dated on 07.08.2013, told that Mr. Rafikul Mondal and his family members were physically tortured and humiliated by the perpetrator police personnel of Jalangi police station. He told that on the date of incident, he was awaken after listening the scream of Mr. Rafikul Mondal and his family members and noticed that the police personnel brutally assaulted Mr. Rafikul Mondal and dragged him to their parked car. He identified Mr. Subhendu Saha and Mr. Tapas Mondal; the police officers of Jalangi Police Station.  

 

Now-a-days, he is unable to move freely due to that physical disabilities caused by the torture of the police personnel of Jalangi Police Station. He is undergoing with severe pain all over his body.

--
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

--
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