From: Kirity Roy <email@example.com>
Date: Tue, Apr 24, 2012 at 6:57 PM
Subject: Illegal detention, torture & fabrication of police records against a victim
To: NHRC <firstname.lastname@example.org>, email@example.com
Cc: Chief Minister West Bengal <firstname.lastname@example.org>, Chief Secretary Gov of WB <email@example.com>, Secretary Home Dept Gov of WB <firstname.lastname@example.org>, "Member NHRC Mr. Satyabrata Pal" <email@example.com>, firstname.lastname@example.org
24 April 2012
National Human Rights Commission
We lodge this present complaint on behalf of the victim Mr. Golam Mostafa Molla from District-North 24 Parganas, West Bengal who is presently languishing in jail on allegation of illegally possessing 'Ganja'. The family members of the victim vehemently contradicted such allegation and claimed that the police of Basirhat Police Station leveled false allegations against the victim. The family members of the victims alleged that the police of Basirhat Police Station arrested the victim from his house on 7.1.2012 at about 00.20 hours without disclosing any reason and without issuing any memo of arrest. Moreover the police also subjected him to torture in police lock up from 7.1.2012 till he was produced in court on 11.1.2012 and thereby illegally detained him during this period. Moreover it also appeared on record that the police manufactured one concocted Memo of Arrest in regard to the arrest of the victim. Our attached fact finding report gives details of the incident. Here the family members of the victim brought direct allegation of custodial violence against the perpetrator police personnel of Basirhat Police Station which amounts to criminal offence and violation of law as laid down in Criminal Procedure Code (Sections 50, 50-A, 55-A, 57 and 60-A ) and also violation of the guidelines issued by the Apex Court in DK Basu judgment.
Hence we seek your urgent intervention in this casein the following manner:-
- The whole matter must be investigated by a neutral investigating agency appointed by the Commission.
- The perpetrator police personnel of Basirhat police Station must be booked immediately under the law and punished accordingly for committing custodial violence upon the victim and also manufacturing false allegations and records against the victim.
- The victim must be relieved immediately from all false and concocted allegations.
- The victim must be given adequate protection and compensation.
National Convener, PACTI
Particulars of the victim:- Mr. Golam Mostafa Molla, son of Mr. Mofijul Molla, aged about-27 years, by faith-Muslim, residing at village-Kankra Purbapara, Police Station- Basirhat, District-North 24 Parganas, West Bengal, India.
Particulars of the perpetrators:- (1) The Officer-in-Charge of Basirhat Police Station; (2) Mr. Roybabu of Basirhat Police Station and (3) Mr. Prafulla Kumar Sahoo (Sub-Inspector of Police) of Basirhat Police Station; (4) Mr. P.C. Deb of Basirhat Police Station who is the Investigation Officer of Basirhat Police Station Case no.24 dated 10.1.2012
Time and place of incident: - On 7.1.2012 at about 00.20 hours and subsequent thereafter in the house victim situated at village-Kankra Purbapara, Police Station- Basirhat and thereafter in Basirhat Police Station.
Fact Finding Details:-
It is revealed during the fact finding that on 7.1.2012 at about 00.20 hours some police personnel (about more than 6/7 in numbers) of Basirhat Police Station came to the house of the victim. One of the said police personnel was in plain cloth. At that time the victim was sleeping with his wife and children in his room. The police personnel had brought one local man namely 'Pute' with them to identify the victim. The police personnel arrested him without disclosing any reason and manhandled him using filthy languages. The family members and the neighbourers requested the police personnel to free the victim as no reason was disclosed for arresting him, but the police personnel did not pay any heed and dragged him into police car and went away. But before that the police personnel forced him to sign on some blank papers. The police personnel did not issue any Memo of Arrest at the time of making the arrest.
On the next day (8.1.2012) the victim's father Mr. Mofijul Molla went to Basirhat Police Station and there he met with the victim. The victim told in weeping voice to his father that one police officer namely 'Roybabu' (the victim only knew that the said police officer was being addressed as 'Roybabu' in the police station) beat him and forced him to confess according to his instruction.
On 9.1.2012 and also on 10.1.2012 the victim's family members went to Basirhat Police Station and came to know from the victim's mouth that the said police officer 'Roybabu' subjected him to torture and forced him to confess according to his instruction. The family members of the victim saw he could not stand properly on his feet as a result of the torture. On 10.1.2012 the said police officer 'Roybabu' told the parents of the victim to go to Basirhat Court as the victim would be produced there. Accordingly the victim's parents went to Basirhat Court but the victim was not produced on that day.
On 11.1.2012 the victim was produced by police at Barasat Court implicating him in a criminal case vide Basirhat Police Station Case no.24 dated 10.1.2012 under section 20(b)(i) of NDPS Act. In the said criminal case the police brought allegations against the victim that the victim was arrested on 10.1.2012 at about 18.40 hours at Kankra Bazar with illegal possession of 'Ganja'. The victim is now serving in jail.
Our fact finding team perused the Arrest-cum-Inspection Memo of the victim prepared by one Mr. Prafulla Kumar Sahoo (Sub-Inspector of Police) of Basirhat Police Station. In the said memo it appears that the victim's relatives was not informed about the arrest of the victim rather the name of one person namely Ram Prosad Pal, son of Lt. Gobinda Ch. Pal of village-Kankra, Police Station-Basirhat who is not at all a relative of the victim was recorded by the police on the column 10 of the said memo (Column 10 reads as—"Father's/Husband's/Wife's/Relative's Name in presence of whom arrest was made").
Our fact finding team talked with the family embers and some local persons who confirmed that the victim was arrested from his house on 7.1.2012 at about 00.20 hours, he was illegally detained at police lock of Basirhat Police Station till 10.1.2012 and the criminal allegations brought against him by police of arresting him on 10.1.2012 at about 18.40 hours at Kankra Bazar with illegal possession of 'Ganja' was absolutely false and fabricated. They also stated that the police manufactured documents in order to justify the arrest of the victim. They further stated that the victim was not involved in any criminal activities and he earns livelihood being a day labourer.
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
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