Complaint to NHRC on arrest of Maitree women activists in Kolkata #Vaw


To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi – 1

Respected Sir

I want to inform you that this morning members of a Kolkata based network of women’s group; Maitree, assembled peacefully outside the residence of Chief Minister; Ms. Mamata Bannerjee to submit memoranda on recent incidents of gang rapes on two students at Barasat and Krishnaganj; Nadia. The activists were assembled with few placards on their hands and clarified their intention to the police personnel; guarding the residence of the Chief Minister. The activist also tried to hand over the same on 10th of June at Writers Buildings, when the Chief Minister refused to met the delegation. This time the activists wanted to draw personal attention of the Chief Minister but instead of making the arrangements for the same and receiving the memoranda, the posted police authority arrested 13 women activists having ample social reputation. The arrestees were Ms. Anuradha Kapoor, Ms. Swapna, Ms. Kakoli Bhattacharya, Ms. Anchita GHatak, Ms. Shyamali Das, Ms. Ratnaboli Roy, Ms. Sharmistha Dutta Gupta, Ms. Shreya Sanghari, Ms. Madhura Chakroborty, Ms. Shreya Chakroborty, Ms. Sudeshna Basu and Ms. Aditi Basu. All the arrestees were whisked to Lalbazar Central Lock Up.

The act of the police having clear instances from the state government is not only infringement of article 19 (a) and (b) of Indian Constitution which clearly sated that – All citizens shall have the right to freedom of speech and expression; and to assemble peaceably and without arms; but again during the arrest the police violated the mandatory 11 point guidelines on arrest as directed by the honourable Supreme Court in the case of DK Basu versus State of West Bengal; while arresting not furnished the arrest memos at the time of arrest. Later, the arrestees and other civil society organisations came to know that the police arrested the persons for violating section 151 of Criminal Procedure Code. Again, section 151 of CR. P.C (Arrest to prevent the commission of cognizable offences) clearly stated that ‘A police officer knowing of a design to commit any cognizable offence may arrest….’ the question is whether these persons were assembled there to commit any cognizable offence? The answer is no. Further, the Supreme Court in his judgement defined that in case of bailable offences, making an arrest is illegal. The said assemble of women activists was peaceful and they wish to met the Chief Minister and handed over her a memoranda, which was not an offence itself and otherwise well inside the domain of rights of the people.

While MASUM contacted the Lalbazar Central Lock Up at around 11.30 am and asked for the information of arrestees, the attending police officer only said that ‘yes there are few women activists inside the lock up but other relevant information is with Kalighat police station, we contacted the Kalighat police station just after, the attendant, one ASI, who was the duty officer at that time said the Officer in Charge only can put light on the arrest and subsequent detention and he has gone to Arambagh and will be back after an hour. The intention of police was evident that they don’t want to disseminate any information. When the last information came the bonds for release of the arrestees were getting ready at the Central Lock Up.

UN Declaration on HRD (2nd December 1998) states –
“Article 1
Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.
Article 2
1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political as well as other fields and the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all these rights and freedoms in practice.”
In this regard I want to recall you about your primary responsibility of promotion and expansion of human rights for the people and demand for:-

1. The Commission must take cognizance against the police and start a case on their own
2. Commission must inquire and investigate the incident on their own
3. The errant police must be booked under the law and be prosecuted
4. The arrestees must be compensated for their loss
Sincerely Yours

(Kirity Roy)
Secretary, MASUM
National Convenor, PACTI

 

NTUI condemns the arrest women activists protesting against rape and murder of students #Vaw


An impatient administration that tries to stifle the voice of protests, unmasks itself much more than critics can possibly do. This morning, members of Maitree, a Kolkata based network of women’s group, assembled peacefully outside Mamta Banerjees residence asking for an appointment to submit a letter of protest to the Chief Minister against the two recent cases of gang rape and murder. They had earlier tried to hand over the same at the Writers building on Monday but she had refused to meet the delegation. The grotesque rape,murder and violence against two students in Barasat and KrishnaganjNadia, in the last few days is an ampleindication of the appaling law and order sitution in the state and the administration’s dismal failure to ensure safety and security of women. The members of Maitree wanted to draw the Chief Minister’s personal attentionto this in a bid to ensure her personal intervention in this issue.

Instead of receiving their protest letter, the police arrested 13 women instantly. Anuradha Kapoor, Swapna, Kakali Bhattacharya, Anchita Ghatak, Shyamali Das, Ratnaboli Roy Sharmishtha Dutta Gupta, Shreya Sanghari, Madhura Chakraborty, Shreya Chakraborty, Sudeshna Basu, & Aditi Basu were whisked away to Lalbazar where they are currently detained at the Labazar central lock up. Abir Niyogy who was earlier taken away to Kalighat police station and has been currently transfered to Labazar central lock.

NTUI strongly condems this arrest by the police and demands an immediate and unconditional release of the members of Maitree. We strongly uphold the peoples’ right to dissent and protest. We also call upon theGovernment, judiciary and law enforcing agencies for an immediate arrest of culprits, a proper investigation and a fair and unbiased trial which would enable victims and their families in accessing justice and lead culprits towards due punishment; otherwise this wave of brutality against women would remain endless and unabated.

June 13, 2013

Complaint to NHRC -Minor ghastly killed by BSF and threw the body to Bangladesh


 

10 June 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

I want to draw your attention on an incident of gruesome killing of a minor boy by Border Security Force personnel. The deceased was at his age of 14 years and a student of local school. His father was a migrant labour and belongs to Scheduled Caste community. On the fateful day, the boy was dragged to the BSF camp and tortured to death. Then his body was thrown to the opposite side of the border; Bangladeshi land to hide their atrocious act. Few of the villagers were witnessed the incident of deceased being taken to the BSF camp by the BSF personnel. The police have started a criminal case against unnamed BSF personnel but I have serious doubt on the credibility of the police investigation when the accused are personnel attached with BSF.

I am attaching the detail of the incident which is self explanatory in nature and demand for:-

  • The incident must be investigated by the Commission
  • The involved BSF personnel must be booked and subsequently prosecuted
  • The witnesses and family members of the deceased must be protected and their safety and security maintained
  • The family must be duly compensated

 

Sincerely Yours

 

 

(Kirity Roy)

Secretary

 

 

Name of the victim :-   Master Sourabh Shikari son of Mr. Utanka Shikari aged about 14 years , a student of Class IX at local school, belong to Schedule Caste community,  resident of  village- Dharampur,  Post Office- Putikhali, Block- Krishnanagar, Police station- Krishnaganj, District- Nadia, West Bengal.

Name of the perpetrator :-  Two Border Security Force(BSF) personnel  from  Tungi  BSF camp, attached with ‘F’ company of BSF Battalion 173 who were in duty from 11pm to 5 am and Company Commander of 173 BSF Battalion.

Place of incident:-  Adjoining alley of  Tungi BSF camp and Tungi BSF Camp under Krishnaganj Police Station of Nadia district.

Date and Time of the incident: –  On 10th May 2013 in between 10.30 pm to 11pm.

 

Case Detail:-

It is revealed during our fact finding that the deceased was a minor boy. He was a student of class IX standard of  Majdia Rail Bazar High School. The victim is belonged to a schedule caste family. His father Mr. Utanka Shikari is a mason and migrant laborer; he usually lived in Mumbai for his employment.  Mrs. Mamata Shikari the mother of the deceased stayed at their native with her two daughters Ms. Swati Shikari(13) and Ms. Jyoti Shikari (13) and the deceased in extreme financial hardships. The said area having overwhelming population of ‘Matua’ a scheduled caste community of Bengal, renowned for their religious fervors.

 

Mrs. Mamata Shikari is a renowned devotional singer of that area.  On 10th may 2013 a ‘ nam sankirtan’ (devotional music programme) was arranged at the house of Mr. Sujit Biswas . Usually this type of programme concluded at late night. On the said night while Ms. Mamata Biswas was performing at the said household; at around 10 pm the deceased returned back to his home to charge his mother’s mobile phone, after that he took the alley adjoining to the fence as he was scared of snakes at the usual road.    At that time two BSF personnel from Tungi BSF camp apprehended him on suspicion that he was a smuggler and dragged him to the said BSF camp. Some villagers saw the incident. They were Ms. Suchitra Biswas; wife of Mr. Ananta Biswas, Mr. Shukdev Roy; son of Mr. Shailen Roy and Mr. Pijush Bhakta; son of Late Subhash Bhakta; all residents of village – Dharampur under Krishnaganj police station. Few villagers heard the lament of the deceased made feeble protests out of BSF terror, the BSF personnel then said ‘come tomorrow morning at camp with member of panchayet and get him released’. But the hapless boy was tortured throughout the night at the said BSF camp.

 

Next day; on 11th May 2013 the family members of the deceased went to the Tungi BSF camp to get him released, the said BSF personnel at camp out rightly denied any arrest and subsequent custody at their camp. At around 5.30 am some farmers discovered the victim’s body at the opposite side (Bangladesh) of the border, while they were at their agrarian field.  The villagers univocally alleged that the BSF after killing the boy threw the body at the opposite side of the border to hide their atrocious act. On the same day Mr. Ananda Shikari, uncle of the deceased lodged a complaint in Krishnaganj Police Station which was registered as case number 113/2013 dated 11.5. 2013, under sections 364/302/201/34 of Indian Penal Code. Prior to that an unnatural death case was registered vide Krishnaganj PS UD Case No. 22/13 dated 11.5.2013.

 

On the same day under supervision of Krishnanagar Police Station the BSF personnel of Tungi BSF camp arranged a flag meeting with Border Guard Bangladesh (BGB) and got back the body. On the same day the victim’s body was sent to Police Morgue, Shaktinagar, Krishnanagar, district – Nadia for post mortem examination and the same was done by Dr. AK Biswas; MO, Medico Legal, Nadia District Hospital  vide Post Mortem number- 461/2013 dated 11/05/2013 and body was handed over to the family for cremation.

Inline images 1

Inline images 2

 

 

 

 

 


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

 

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