6th May 2013
West Bengal Human Rights Commission
Kolkata – 27
I want to draw your kind attention regarding the matter of custodial torture committed upon Mr. Ariful Islam Sarkar by the police personnel of Jalangi Police Station. Our fact finding report provides the detail of the whole incident.
On the date of the incident the involved police personnel trespasses the victim’s house and brutally assaulted the victim in front of his wife Ms. Rina Bibi. They molested the victim’s wife by pulling her clothing. After that the perpetrator police personnel forcibly took the victim to Jalangi Police Station and the victim was brutally assaulted by them inside the said police station during his custody. He was even waked at midnight, stripped naked and bashed. The victim received injuries over his body during the assault. After that the victim was medically treated at Sadhikandiyar Primary Health Centre and Murshidabad Medical College and Hospital; Baharampur. In both the places he informed the details of physical torture by the perpetrator police personnel to the attending doctors. Later, he was sent to prison and on 01.04.2013, the victim got bail. On 08.04.2014, the victim lodged a written complaint before the District Magistrate and Superintendent of Police, Murshidabad informing the incident of physical torture committed upon him by the involved police personnel of the Jalangi police station. But till date no actions has been taken by the higher authorities of the police.
Hence we seek your urgent intervention and demand for: -
· The whole incident must be investigated Your own independent agency.
· The involved police personnel of Jalangi Police Station must be booked under the specific law and prosecuted for their alleged criminal acts and acts committed in violation of law.
· The victim and his family must be provided adequate compensation and protection so that they do not come under any further threat or inducement.
National Convener, PACTI
Name of the victim: – Mr. Ariful Islam Sarkar, son of- Late Abul Kasim Sarkar, aged about- 50 years, by faith- Muslim (backward community), residing at Village- Nabingram -Sagarpara, Police Station- Jalangi, District- Murshidabad, West Bengal, India.
Name of the perpetrators: – Mr. Mainuddin Khan (Assistant Sub-Inspector of Jalangi Police Station) and 4 other involved police constables of Jalangi Police Station.
Date and time of incident: – On 29.03.2013 at about 2 pm.
Place of occurrence: – Victim’s house at above mentioned address and inside Jalangi police station.
Case Details: -
It is revealed during fact finding that the victim is an agricultural labour. His financial condition was impecunious and he is living under financial duress. He was not been enlisted under Below Poverty Line (B.P.L) category. In the year 1995, the victim got married with Ms. Selina Parvin, daughter of Mr. Ajimuddin Mondal. Fact finding reveals that she was from financially well off family as her father was a government employee. As a result, after their marriage, she developed marital discontent. In the year 2006, she left the victim’s house. The victim tried to convince his wife and father in law for her return but failed. Ms. Selina Parvin filed a divorce petition for the dissolution of her marriage with the victim. In the year of 2006, the victim got remarried with Ms. Ruma Bibi after getting divorce from his earlier marriage. This infuriated Ms. Selina Parvin and she started to conspire against the victim.
On 26.05.2010, she filed a petition under section 125 of Criminal Procedure Code before the Judicial Magistrate, 1st Court, Berhampore against the victim vide Execution Case No.-233/2010 and the court (JM 1st Court, Baharampur) ordered the victim to pay sum of Rs. 1800/- as maintenance per month to Ms. Selina Parvin. But the victim failed to pay few instalments of monthly maintenance due to his financial distress and as a result the court issued arrest warrant against the victim on the basis of non-payment of maintenance.
On 29.03.2013 at about 2 pm, Mr. Mainuddin Khan an Assistant Sub Inspector of Jalangi police station accompanied with four other police constables of Jalangi police station came to the house of the victim by an ash coloured Bolero make four wheelers. They trespassed into the victim’s house and at that time police force was not accompanied by any lady police. They foul mouthed with the members of the family and verbally abused the victim and his wife with filthiest language having sexual connotation. The police personnel brutally assaulted the victim in front of his wife with their wooden sticks and forcibly shoved the victim to the courtyard of his house, then Ms. Rina Bibi was molested by the said police personnel while she was asking for release of his husband from their clutches. During the melee the police personnel pulled her wearing, unclothed her and intentionally touched her private parts. In the mean time the perpetrator police personnel repeatedly had beaten the victim while they dragged the victim to their parked car. The victim was taken to the Jalangi police station and was put into the lock-up. The said ASI, Mr. Mainuddin Khan got the victim out from the police lock-up at midnight and again bashed him up. He was kept naked at the lock up for whole of night. While the victim asked for drinking water, the police personnel present at the time with the said ASI tried to force the victim to drink his own urine instead of giving him a glass of water
On 30.03.2013 at about 9 am, the victim was taken to Sadhikhandiyar Primary Health Centre for medical treatment. The victim informed the attending doctor; Dr. Nurujamman about the horrific physical torture meted upon him by the mentioned police personnel at the Jaangi police station. On 8.4.2013, he was again treated at Murshidabad Medical College and Hospital at Beharampur, after released from judicial custody on 1.4.2013 after granted bail from the court.
On 07.04.2013, our fact finding team wanted to talk with Mr. Mainuddin Khan; the involved ASI through telephone (03481-23553) regarding the incident of physical torture upon the victim by him. But the said police personal refused to discuss the issue and abruptly disconnected the telephone line. Our fact finding team again called to the said police station over telephone and wanted to know the details of the incident regarding the matter of custodial torture upon the victim by the police personnel attached with the police station. But the then Duty-Officer disagreed to discuss the happenings and he also disconnected the line in a haste.
On 08.04.2013, the victim lodged a written complaint before the District Magistrate and Superintendent of Police; Murshidabad, informing the whole incident of custodial torture committed upon him by the police personnel of the Jalangi police station. But till date no appropriate actions have been taken by the higher authorities of the district or police administrations.
VICTIM – MR. ARIFUL
TREATMENT SHEET – FROM GOVT. HOSPITAL
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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