#India : Death in detention of Mr. Safiqul Haque and acts of intimidation against Family


 

Case IND 280613
Allegations of torture and ill-treatment/ Arbitrary detention/ Judicial harassment/ Death in detention/ No proper investigation/ Risk of impunity

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has been informed by Banglar Manabadhikar Suraksha Mancha (MASUM), a member of OMCT SOS-Torture Network, about acts of intimidation and judicial harassment against the family of Mr. Safiqul Haque, a 51 year-old man from Bilbari Village, after the family lodged a complaint alleging that Mr. Safiqul Haque had died in detention due to torture and lack of proper medical care. OMCT is particularly concerned about the arrest and alleged false charges brought against his son, Mr. Rafikul Alam, 22 year-old, and the lack of proper investigation into the death in detention of Mr. Safiqul Haque.

According to the information received, Mr. Safiqul Haque’s family has been continuously threatened by the Nabagram police after lodging a complaint in relation to the death in detention of Mr. Safiqul Haque (see background information hereunder). In a recent event, on 11 May 2013, at about 5:00 am, the Officer in charge of Nabagram Police Station, along with other 12 policemen, entered Mr. Safiqul Haque’s family house and arrested without any arrest warrant Mr. Rafikul Alam, son of Mr. Safiqul Haque, after the family refused to sign on blank papers. Mr. Rafikul Alam was illegally detained during two days. During his detention, he allegedly suffered verbal abuses, repeated threats and intimidation. He was also allegedly deprived of adequate food and proper sleep.

On 13 May 2013, Mr. Rafikul Alam was reportedly falsely charged in Nabagram Police Station Case no. 20/2013 under sections 147 (punishment for rioting), 148 (armed with deadly weapon), 149 (member of unlawful assembly guilty of offence committed in prosecution of common object), 332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assault or criminal force to deter public servant from discharge of his duty) of Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act, 1984. According to the same information, on 14 May 2013, Mr. Rafikul Alam’s mother lodged a written complaint to denounce the aforementioned events before the District Magistrate. To date, there has been reportedly no investigation carried out into the aforementioned events.

Background information

According to the same information received, on 7 December 2012 at about 5:00 pm, Mr. Safiqul Haque was praying at Bilbari Boro Mosque, in Bilbari Village, when he was apprehended, together with Mr. Ismail Seikh, Mr. Jarman Seikh and Mr. Anawar Hossan, by Superintendent of Police of Murshidabab district, Mr. Humayun Kabir, who came with about 500 police personnel. The police entered the mosque and started brutally assaulting Mr. Safiqul Haque and his acquaintances. Mr. Safiqul Haque, Mr. Ismail Seikh, Mr. Jarman Seikh and Mr. Anawar Hossan were reportedly tied and dragged by force to the police prison vans parked outside the mosque, where they were again beaten and verbally abused.

On 8 December 2012, Mr. Safiqul Haque’s wife reportedly received a phone call from an unknown person who informed her that her husband, together with Mr. Ismail Seikh and Mr. Jarman Seikh, had been brought to Lalbagh Court accused of murder. She went to Lalbagh Court where she found out that her husband and the two men were detained in the court lock up and that they had been tortured during the whole night by the police personnel who beat them with their boots and with wooden sticks. After rejection of their bail petition on 8 December 2012, Mr. Safiqul Haque, Mr. Ismail Seikh and Mr. Jarman Seikh were detained in Bhagwangola Police Station until 12 December 2012 when they were brought to the Additional Second Court Special Judge, Berhempur and implicated in the Narcotic Drugs and Psychotropic Substances Act (NDPS) case 1117/12. Mr. Safiqul Haque esd then moved to Bharampur Central Correctional Home where his family was not allowed to visit him. The police personnel allegedly tortured Mr. Safiqul Haque again during this detention causing him several injuries.

According to the same information, it was not till 7 January 2013 when Mr. Safiqul Haque was admitted to the Berhempur Sub-District Hospital to be treated from the injuries inflicted. Despite the advise of the doctor to move him to Kolkata Hospital for better treatment, the officials in charge did not do so. On 7 January 2013 Mr. Safiqul Haque reportedly died in Berhempur Sub-District Hospital without getting any proper treatment. The police did not inform Mr. Safiqul Haque’s family about his death. On 11 January 2013, Mr. Safiqul Haque’s wife lodged a complaint before the district Magistrate, in Murshidabad. On 14 February 2013 MASUM made a complaint to the National Human Rights Commission. However, to date, no action has been taken and there has been reportedly no investigation carried out into the aforementioned events. As for Mr. Ismail Seikh, Mr. Jarman Seikh and Mr. Anawar Hossan, they have been released on bail.

The International Secretariat of OMCT expresses its concern about the safety and physical and psychological integrity of Mr. Safiqul Haque’s family, particularly of his son, Mr. Rafikul Alam. OMCT is also gravely concerned about the circumstances surrounding the detention and death in detention of Mr. Safiqul Haque. OMCT urges the competent authorities to guarantee Mr. Safiqul Haque’s family physical and psychological integrity at all times, notably by immediately putting in place adequate protection measures for them, and by suspending the police personnel believed to be responsible for the allegations of torture and ill-treatment, pending an investigation.

OMCT recalls that the authorities have to fulfil their obligations under the Indian Constitution and under international human rights law to protect the right to life, the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment and the right to liberty and security, to consider seriously any allegations of ill-treatment and arbitrary arrest, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard, in order to identify all those responsible, bring them to trial and apply adequate sanctions. OMCT also recalls that victims must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

Action requested

Please write to the authorities in India urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Safiqul Haque’s family, particularly of his son, Mr. Rafikul Alam;
2. Immediately put in place adequate protection measures for the family of Mr. Safiqul Haque;
3. Immediately put an end to acts of intimidation and judicial harassment against the family of Mr. Safiqul Haque;
4. Carry out a prompt, effective, thorough, independent and impartial investigations into the alleged acts of ill-treatment, arbitrary detention and alleged false charges against Mr. Rafikul Alam, Mr. Ismail Seikh and Mr. Jarman Seikh and into the death in custody of Mr. Safiqul Haque, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
5. Ensure that adequate, effective and prompt reparation including adequate compensation and rehabilitation is granted to Mr. Safiqul Haque’s family, Mr. Rafikul Alam, Mr. Ismail Seikh and Mr. Jarman Seikh;
6. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

  • Mr. Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, India. Fax: + 91 11 2301 6857. E-mail: pmosb@pmo.nic.in / manmo@sansad.in;
  • Mr. Sushil Kumar Shinde, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979;
  • Justice Altamas Kabir, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, India. Fax: +91 11 233 83792, Email: supremecourt@nic.in;
  • Justice K. G. Balkrishnan, Chairperson of the National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, India. Fax: +91 11 2334 0016 / 2338 4863, Email: covdnhrc@nic.inionhrc@nic.in;
  • Justice Asok Kumar Ganguly, Chairperson, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 2479 9633 / 2479 7750, Email: wbhrc8@bsnl.in
  • Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2479 7259, Fax: +91 33 2479 9633 / 2479 7750, Email: secy-gov-wb@nic.in
  • Miss Mamata Banerjee, Chief Minister, Government of West Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax – +91 33 22145480, Email: cm@wb.gov.insechome@wb.gov.in;
  • H.E. Mr. Dilip Sinha, Ambassador, Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Switzerland. Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

Please also write to the diplomatic mission or embassy of India in your respective country.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

Geneva, 28 June 2013

 

 

Police of Murshidabad planfully attacking activists of MASUM


25 May 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

 

 

I want to draw your attention on incidents of consecutive threatening on our District Human Rights Monitor; Mr. Azimuddin Sarkar, a resident of Village- Bardhanpur, Post Office- Murddpur, Police Station- Raninagar, District- Murshidabad. Previously, I made a complaint regarding attacks by anti social elements on the aide of local police from Raninagar Police Station of Murshidabad district on 14th October 2012, when his elder brother’ house became attacked and looted. Though, I made request for his and his family’s security and safety, but now it is evident that it was not heeded.

In recent incident, the house of Mr. Azimuddin Sarkar was attacked yesterday; 24.5.2013, but this time not by the anti- socials but the police only. Just now, I have received information that a posse of 8 police persons; all were in civil attire, not in their uniforms, attacked his house, ransacked, looted and broke open all the doors of his household, while he was not present to his home. The said police persons were identified by his son; Mr. Faruk Kamran and other eye witnesses of his neighborhood as Mr. Ajoy Pal; Sub Inspector of Raninagar and Mr. Swarup Biswas; Sub Inspector of same police station. They even informed that all others can be identified by them if produced. This atrocious and heinous act of police aggression started at 11 pm on the date and continued for next one hour. On that time, Mr. Azimuddin Sarkar was on his way to home from our office. It was reported that the police personnel came by a vehicle with registration number WB– 24 K- 7678. They forcibly entered his home by breaking the tin made entry gate and subsequently broke open the door of the room, where his wife Ms. Nazma Sarkar was fast asleep. They were astonished and shocked by the sudden presence of police and their door breaking noises. The police party asked for Mr. Azimuddin Sarkar, while the family said that he was out of home and would be back, it made the police berserk and furious, they broke open every doors of the house in search of Mr. Sarkar. In between, while one of the son asked the justification of their forcible entry, Mr. Ajoy Pal said if you ask questions, I will fire you. The police party was without any female staff, and while questioned over their looting spree by Ms. Nazma Sarkar, they hold her hands and tried to unclothe her. The daughter of Mr. Sarkar; Ms. Safinaj Nasreen, who happen to be a student of a prestigious college at Kolkata, was forcibly lifted from her bed and asked her to stand. In the melee, the police party threatened to kill another son of Mr. Sarkar; Mr. Tarik Kamran. During this incident, the police party looted, one gold bangle and one necklace from Mr. Nazma Sarkar, one gold neck chain from Ms. Safinaj, two used mobile phones and Rs. 35000 by breaking a steel almirah, the money was meant for purchase of a portion of parental land property. During the loot, the police devastated all the wooden furniture and two bicycles. The police during their destruction and looting spree, threaten the whole family by making several warnings the gist of their threats was that ask Mr. Sarkar to not teach us human rights, we can frame you in fake charges and thereafter will bash you to death and warned against making any complaints to any authorities. There are few witnesses who saw all the happenings but failed to protest due to the demonic behavior of the police party. The witnesses are: Mr. Anarul Islam; son of Late Bainuddin Sarkar, Mr. Ataur Rahaman, Ms. Selina Bibi; wife of Mr. Alamgir Seikh and Mr. Alamgirh Seikh and others.

Our experience in Murshidabad district draw us to conclude that the police and local anti socials are working in unison to check the initiatives taken to establish human rights environment. They have taken measures to intimidate, defame and threat our district level activists in three consecutive occasions in recent past, i.e, Mr. Ajimuddin Sarkar, Mr. Safikul Islam and Mr. Gopen Chandra Sharma. All the details are with the National Human Rights Commission and major international agencies has voiced their anguis over the recent attacks on MASUM’s human rights defenders at Murshidabad district.    

 

This is not an isolated incident, rather the local police- administration- BSF– anti- socials of the area are continuously trying to create hurdles to the activities on protection and promotion of human rights. In this regard I have made several complaints to you whenever such attacks were perpetrated on our activists, but till date no visible actions have been taken, which in other hand encouraged the errant.

 

As the district police of Murshidabad, concurrently trying to diminish the human rights endeavors to shield their involvements in corrupt and atrocious deeds, which is contravene of legal guarantees of the citizenry, has started an all out attacks on our activities and activists, and devoid of any human rights practice must be cautioned and suggested for more prudence by your Commssion.

 

In this context, I demand for:-

 

1.    Immediate intervention over the issue and guarantee of ultimate safety and security of Mr. Azimuddin Sarkar and his family 

2.    Protection of Mr. Sarkar according to the International Conventions on Human Rights Defenders

3.    The criminal acts of Mr. Ajoy Pal and Mr. Swarup Biswas with other police personnel must be investigated by an independent agency and subsequent booking in appropriate sections of penal provision

4.    Mr. Azimuddin Sarkar must duly compensated for the financial loss, he incurred due to police loot and defamation and disrepute caused by raiding his residence in midnight

 

 

Sincerely Yours

 

 

(Kirity Roy)

Secretary


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

 

Savage, inhuman torture & molestation by Jalangi police


 

6th May 2013

 

To

The Chairman

West Bengal Human Rights Commission

Bhabani Bhaban

Alipur

Kolkata – 27

 

Respected Sir,

 

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.

 

Thanking you

 

Yours truly

 

 

 

Kirity Roy

Secretary, MASUM

&

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.

Inline images 1
VICTIM – MR. ARIFUL
 
Inline images 2
TREATMENT SHEET – FROM GOVT. HOSPITAL


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

#India- continuous attack on Human Rights Defenders , MASUM activists targetted


 

18 April 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New delhi-110001

Respected Sir,

The Declaration on Human Rights Defenders reiterates that States have a prime responsibility to promote, protect, and implement human rights and fundamental freedoms. To this end, State has responsibility to take all necessary measures, including adopting legal guarantees, to ensure that everyone can enjoy these rights in practice, individually and in association with others. In addition to this general obligation to promote and protect human rights; State should take all necessary steps to ensure that the particular rights and freedoms of human rights defenders are effectively guaranteed further and their activities get encouraged. I am referring here an incident where police; an active arm of the state not only violated this well accepted premise of protection of human rights of a defender but infringed fundamental freedom of a human rights defender. This is not an isolated incident, rather the local police- administration- BSF- anti- socials of the area are continuously trying to create hurdles to the activities on protection and promotion of human rights. In this regard I have made complaints to you whenever such attacks were perpetrated on our activists, but till date no visible actions have been taken, which in other hand encouraged the errant. Recently, I had a discussion with the officials over the issue at your office.

 

I want to draw your kind attention regarding the false implication, illegal detention and physical torture committed upon Mr. Mahiruddin Seikh and Mr. Safikul Islam by the police personnel of Raninagar police station, Murshidabad. Both of them are working as a Human Rights Defenders and attached with our organization i.e. Banglar Manabadhikar Suraksha Mancha (MASUM) in Murshidabad district for a long time.

 

On the date of the incident they went to Raninagar police station along with Ms. Kanchan Bibi who happens to be a victim of physical torture at her in- laws house and they wanted to lodge a complaint in this regard. But the perpetrator police personnel did not agree to register the complaint. The victims were brutally assaulted by the police personnel of Raninagar Police Station while they requested them to register the complaint. After that the victim Mr. Safikul Islam was falsely implicated, illegally detained and brutally tortured in the police station by the perpetrator police personnel while they came to know that the victim is a Human Rights Defender and attached with our organization.

 

Mr. Mahiruddin Seikh lodged a written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad informing the whole incident of brutal torture and humiliation committed upon him in the hands of the perpetrator police personnel of Raninagar Police Station; he also stated on that application regarding the matter of illegal detention, false implication and brutal torture committed upon Mr. Safikul Islam by the police personnel of Raninagar Police Station. But till date no action has been taken by the higher authorities.

 

It is important here to mention that it is not the solitary incident that the human rights activists like Mr. Safikul Islam who is attached with our organization has been implicated in a false and concocted criminal case by the police in the district. Recently Mr. Gopen Chandra Sharma who is a noted human right activist and attached with our organization was also implicated in false criminal cases initiated by police. It is to be noted that our organization with active participation and work of the human rights activists attached with our organization brought numerous incidents of human rights violations cases in the district-Murshidabad to the notice of the Commission and the Commission intervened into those cases.

 

It is clear that the human rights activists attached with our organization are under attack in the hands of the police as police and the administration want to throttle the voice of the victims of torture and on human rights violations which are raised through the human rights activists. The higher authorities of police and administration know such conspiracy of police against the human rights activists working in the district as several complaints have been lodged before them informing them on the incidents of attack upon the human rights activists by the police but they are sitting silent on the matter.

 

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

·       The whole investigation should be investigated by the Commission’s own investigating agency.

·       The concerned authorities in the district-Murshidabad must be directed to immediately stop harassment and attack upon the human rights activists working in the district and give them proper protection.

·       Mr. Safikul Islam should be released from all false charges immediately and the perpetrator police personnel of Raninagar police station must be booked under the law immediately for their unlawful acts and must be prosecuted under the criminal law.

·       The victims must be given adequate compensation and protection,so that they do not come under threat or inducement.

Thanking You

Yours truly

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

Name of the victims: – 1) Mr. Safikul Islam, son of- Mr. Majibur Raheman, by faith- Muslim, residing at Village- Char- Shibnagar, Police Station- Raninagar, District- Murshidabad, West Bengal. 2) Mr. Mahiruddin Seikh, son of- Mr. Panjatan Seikh, by faith- Muslim residing at Village- Khedurpara, Post Office- Harudanga, Police Station- Raninagar, District- Murshidabad, West Bengal.

 

Name of the perpetrators: – 1) Mr. Swarup Biswas (Sub-Inspector of Raninagar Police Station), 2) Mr. Ajay Paul (Sub-Inspector of Raninagar Police Station), 3) Mr. Anil Biswas (Sub-Inspector of Raninagar Police Station) 4) Mr. Abdul Kalam (Home Guard of Raninagar Police Station) of Raninagar Police Station, Murshidabad, West Bengal.

 

Date and time of incident: – On 28.03.2013 at about 6 pm.

 

Place of occurrence: – Inside Raninagar Police Station under Domkal Sub-Division, District- Murshidabad, West Bengal.

 

Case details: –

 

It is revealed during fact finding that Ms. Kanchan Bibi, the sister of the victim named Mr. Mahiruddin Seikh, spent her married life for two years and from the very beginning of her marriage her husband and other members of her in law’s house started to demand money from her paternal house. This situation became more serious when they did not get money from her paternal house and they started to torture her for that reasons.

 

On 25.03.2013 at 2.30 pm Mrs. Kanchan Bibi, was brutally assaulted by her husband namely Mr. Sentu Seikh, Ms. Sabiya Bewa (mother-in-law of Ms. Kanchan Bibi), Mr. Akkassh Seikh (brother-in-law of Mrs. Kanchan Bibi), Mrs. Beauty Bibi (sister-in-law of Ms. Kanchan Bibi) and Mr. Jamrul Seikh (son of Mr. Akkash Seikh and Ms. Beauty Bibi). They forcibly hit Mrs. Kanchan Bibi with some heavy weapon on her head. They wanted to try to kill her when they realized that they would not get money from her paternal house. She shouted after receiving brutal torture by them and she had to lay down on the floor with severe pain. The neighbors of Ms. Kanchan Bibi rashly came to her in law’s house to rescue her from the hands of the members of her in laws house. After that she was taken to the house of Mr. Jahadi by her neighbors and she got primary medical treatment in his house. After that the neighbors of Ms. Kanchan Bibi informed her father named Mr. Panjatan Seikh about the whole incident committed upon her by the members of her in law’s house and later the victim named Mr. Mahiruddin Seikh took his sister to his house and she was also medically treated in Raninagar Hospital after that.

 

On 28.03.2013 at 4 pm, the victim Mr. Mahiruddin Seikh and Mr. Safikul Islam who known as social activists in the locality went to Raninagar police station along with his sister Ms. Kanchan Bibi to lodge a written complaint regarding the brutal torture committed upon his sister by her husband and other members of her in law’s house. But they waited in the police station for over 2 hours but the police personal showed no mood to lodge a complaint. After that the victims along with Ms. Kanchan Bibi requested Mr. Swarup Biswas, the Sub-Inspector of Police of the said police station, to lodge a complaint after spending 2 hours over there but he started to harass them by saying that they could not lodge a complaint on the basis of that written application as they did not mention proper details to make the application as complaint. After that the victims and Mrs. Kanchan Bibi tried to convince the perpetrator police personal and told that they could show all documents which he wanted to register a complaint. Then the perpetrator police personal ordered the victims to furnish the certificate in connection with the marriage of Ms. Kanchan Bibi. But even after furnishing documents, the perpetrator police personal refused to lodge a complaint. The perpetrator police personal told them to change the complaint as per their demand and if they could to do that then he could lodge complaint on basis of that. After that the victims told the perpetrator police personal that they have sufficient document to lodge a complaint but the perpetrator police personal did not agree with them. The victims after that request the police personal to return the application on which basis they tried to lodge a complaint against the members of Ms. Kanchan Bibi‘s in law’s house. But the perpetrator police personal did not agree to return the complaint to them. Later the victim Mr. Mahiruddin Seikh tried to protest against such illicit behavior of police upon them and told that he did not know the reasons about such harassment upon his sister by the perpetrator police personal after knowing that his sister was going on severe pain due to the brutal torture committed upon her by the members of her in law’s house. The perpetrator police personal started to use abusive words to them and ordered Mr. Abdul Kalam to drive out the victims from the police station. Mean while the victim Mr. Safikul Islam prevented Mr. Abdul Kalam and requested him not to do that to him while the perpetrator police personal caught hold the victim Mr. Mahiruddin Seikh’s neck and drove out from the police station. After that the perpetrator police personnel outburst with anger and started to brutally assault the victims i.e. Mr. Mahiruddin Seikh and Mr. Safikul Islam by saying that they would teach him a proper lesson to them so that they could not able to do work with MASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization) again and also stated that they would teach all of them who have an involvement withMASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization). After that the victims were forcibly driven out by the perpetrator police personnel from the said police station after they got brutal physical torture and humiliation by the perpetrator police personnel. Mean while Mrs. Mamta Begam (informer of police personnel) and Mr. Amzad Husen (informer of police personnel) suddenly came to the said police station while the victims were moving out from the said police station towards their house. They provoked the perpetrator police personnel mentioning Mr. Safikul Islam and told that the victim has connection with every commotions throughout whole Char Area as well as he wanted to spread terror throughout the whole Char Area by using the name ofMASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization) and they also said that the victim has an involvement with those persons who always tried to make conspiracy against the police personnel. The victim always intimated the people at Char Area against the government. Mr. Anil Biswas and other perpetrator police personnel namely Mr. Abdul Kalam and Mr. Ajay Paul rashly run towards the victims after listening to all this from their informers. They caught the victim Mr. Safikul Islam’s shirt from behind. He was brutally assaulted by the perpetrator police personnel of Raninagar police station while the perpetrator police personnel started to forcibly drag him to the same police station and illegally detained him in the same police lock up without giving him any explanation regarding the illegal detention after that. He was illegally detained in the police lock up of Raninagar police station for several hours. After that the perpetrator police personal Mr. Abdul Kalam took the victim to Ghodhonpara Health Centre for medical treatment and the victim got preliminary medical treatment in the said Health Centre by Dr. Tanmay Sarkar. After that the perpetrator police personal Mr. Swarup Biswas willfully influenced Dr. Rama Prasad Majumder (Medical Health officer of Ghodhonpara Health Centre) and requested him not to furnish those type of prescription which proved that the victim was tortured by them and also requested him to admit Mr. Abdul Kalam to his health centre so that they could prove that Mr. Abdul Kalam was brutally tortured in the hands of the victim and they could falsely implicate the victim in a criminal charge.  After that Mr. Abul Kalam lodged a written complaint before the Officer-In-Charge of Raninagar Police Station informing that the victim came to Raninagar police station to lodge a complaint regarding the torture committed upon Ms. Kanchan Bibi and mean while suddenly a controversy was started between the victim and Mr. Abdul Kalam regarding that matter. After that suddenly the victim started to assault him without any reasons. He was seriously injured by the assault. After that a First Information Report was lodged on the basis of that complainy by the perpetrator police personnel and the victim was implicated vide Raninagar Police Station Case No- 212/2013 dated 28.03.2013 under sections 186/353/333/307 of Indian Penal Code. On 29.03.2013, the victim named Mr. Safikul Islam was produced before in the court of Additional Chief Judicial Magistrate, Lalbagh but the court rejected his bail application.

 

On the same day, another victim named Mr. Mahiruddin Seikh was medically treated by Dr. Nishir Kumar Sarkar. On 01.04.2013, he lodged a written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad informing the whole incident of brutal torture and humiliation committed upon him in the hands of the perpetrator police personnel of Raninagar Police Station as well as he also stated on that application regarding the matter of illegal detention, false implication and brutal torture committed upon Mr. Safikul Islam by the perpetrator police personnel of Raninagar Police Station. But till date no action has been taken by the higher authorities.  On 06.04.2013, the victim Mr. Safikul Islam was produced in the court again and the court released the victim on the basis of allowing his bail application.

Inline images 1

Safikul, HRD attached to MASUM 

Inline images 2

Inline images 3

COMPLAINT SUBMITTED TO SP ON 8.4.2013

 

 

CDRO tribute on the untimely death of three civil and democratic rights activists


February 1, 2013, Sanhati

The member organisations of CDRO are saddened by the death of three democratic and civil liberty activists in the last one week – Professor Dipankar Chakroborty, Vice President of Association for Protection of Democratic (APDR), West Bengal; Chandrasekar (47), civil right activist and a popular human rights lawyer in Andhra Pradesh and Pradeep Sapolia, Secretary of Association for Democratic Rights (AFDR), Dist. Mansa Unit, Punjab.

Professor Dipankar Chakroborty (71), popularly known as Dipankarda passed away on 27th January when he was being taken to the hospital after he developed respiratory problem. A great intellectual and Human Rights campaigner, Dipankarda was born in Dhaka on 14 December, 1941. He grew up in Murshidabad and then completed his education in Bahrampur and Kolkata. He taught economics and retired from Krishnanath College at Baharampur. A veteran of the Left movement since the sixties, he began publishing and editing Aneek in 1964 when ruptures in the CPI on ideological and political issues led to split and birth of the CPI(M). In the wake of the Naxalbari uprising three years later that had triggered another split and birth of the CPI(ML), Chakroborty did not join the new party. But he devoted himself to publishing Aneek. When APDR was formed in Calcutta on 25 June 1972, Dipankarda took the initiative to form one of its first branches outside Calcutta in Murshidabad in 1974. Since then, till his last breath he was one of the stalwarts who steered APDR through many turbulent periods. With promulgation of Emergency in 1975 APDR was banned and Dipankarda was arrested. He spent 19 months in prison and was released in 1977 and since then throughout his life he engaged himself in the publication of Aneek and participated in the socio-political activities in Bengal and other parts of India as an individual and also assumed various responsibilities in APDR. During the Singhur movement when the police was illegally evicting the Singur people by brutal force, Dipankarda stood by the side of the people. He was arrested from the Singur farmlands along with many activists such as Medha Patekar, Amitadyuti Kumar and Sumit Chaudhary. At the time of his death he was Vice President of APDR.

Chandrasekar (47), a popular human rights lawyer passed away on 22nd January. He is known for his significant role in getting the death sentence of Chalapati Raju and Vijayvardhan commuted to life imprisonment. Chalapati and Vijayvardhan were accused of setting a bus on fire in which 23 people were killed. He also played an extraordinary role as a public prosecutor in Tsundur Carnage case in which dalits were hunted and killed by upper caste people. It was by his effort that accused were convicted in this case. Chandrasekar always played a leading role in taking up the cases of dalits and the downtrodden. He did so from a deep sense of conviction, and his life was dedicated to the cause of providing justice to the downtrodden and dalits. His concern and hard work in fighting extra judicial murders (fake encounters) in the state unnerved the police establishment. He approached the High Court and Supreme Court and National Human Rights Commission for justice in extra judicial murders and continued his fight till his death. He abhorred death penalty and played a key role in the campaign to abolish this system in Andhra Pradesh.

Pradeep Sapolia (48), an advocate by profession died on 26th January. As a pro-people advocate, Pradeep always showed an interest in providing legal assistance to the struggling farmers and agricultural labourers in Mansa and other districts of Punjab. Many of the people oriented organisations felt at ease in approaching Pradeep for seeking legal assistance. His closeness and sympathetic attitude towards these organizations can be seen from the fact that all these organizations active in Punjab attended the memorial service in his memory on Jan. 31. In the recent time, when AFDR was reviving its activities in Punjab, Pradeep took keen interest and played an active role in its Dist. Mansa unit. Pradeep took keen interest and actively participated in the two recent fact finding reports against police repression on the people which AFDR brought out.

Their loss would create a void both within the civil liberties and people’s movement and the organizations in which they were tirelessly contributed their time, intellect and resources. CDRO pays homage to their memories and their pro-people activities.

Paramjeet Singh (PUDR)
Kranti Chetanya (APCLC)
Tapas Chakravorty (APDR)
Parminder Singh (AFDR)
Phullendru Komsam (COHR)
(Coodinators)

 

#Rape by man in uniform (BSF), abandoned, No action taken neither by BSF nor by police #Vaw


28 December 2012

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

This is a sordid tale of a woman, who lost her family, livelihood and neighbourhood due to the river erosion of Padma and her woes further compounded with while her husband a person attached with Border Security Force left her without even informing her. The men attached with Border Security Force, used his position, made false promises of marriage and subjugate the destitute woman and had sex without providing her any financial and other supports in guise of marriage. 

 

Ms. Sundari Bibi, (actual name withheld) daughter of Mr. Aftab Ali Mondal, aged about 30 years of village- Parashpur, Post Office- D/ Parashpur, Police Station- Jalangi under Murshidabad district, started living at Sushil Colony, Char Parashpur with many others who lost their agrarian land and dwellings by the erosion. The entire village; Parashpur is now extinct from the map due to the river erosion of year 2005. From 2006 onward her father started living at the said place with his daughters and minor sons. The woman got crippled when her both palms were severely burnt while cooking.  Her minor brothers became adults by the time gone and left the family, her sisters got married and she developed animosity with her parents and became abandoned. In 2007, she moved towards the banks of river Padma adjoining to Sushil Colony and erected a hutment for her living. She started to fend herself by selling a small quantity of rice which she uses to buy from local market.

 

In the mid 2008, a BSF personal from adjacent Farazipara BSF- BOP Camp of 90th Battalion; Mr. Shamsuddin Barlaskar; son of Late Moinuddin Barlaskar; Identity Card No. 95145059, Rank– C.T (at that time), Identity Serial No. 202008 (Issuing Date- 15.1.98) has started visiting her during days and nights. The said BSF personal made proposals for sexual favours. While she refused those proposals, he made consecutive promises for marriage and the hapless woman was convinced of that and a physical relationship between them had grown from that time. The neighbourhood asked the couples to get marry and pressure from Sundari forced the culprit; Shamsuddin to marry her. On that time, he has to leave the Farazipara BSF camp for more than two months and later transferred to Madhugari BSF camp. From Madhugari camp he often visited the hapless woman and the neighbourhood of Sundari forced the BSF personal to marry her. After being married, Shamsuddin used to come to her house and started living as a married couple. Shamsuddin made several false promises that he would take her to his native place but never. Their marriage got solemnised and registered according to the Muslim Marriage Act, on 5.11.2009 at Domkal; Murshidabad.  But Shamsuddin never provided any money to the hapless woman for her living and forced her to penury. The woman with her challenged situation still living alone. In 2010, she came to know that, Shamsuddin has been transferred at Roshanbagh Head Quarter of 90 Battalion of BSF. Later our investigation revealed that he has been transferred from Roshanbagh to Jammu and Kashmir but details are not available with us.

 

On 5.11.2009 the hapless victim tried to lodge a complaint against Shamsuddin at Jalangi Police Station; Murshidabad but the police of that police station refused to accept her complaint.  On 19.4.2010, she made a similar complaint before the Sub Divisional Officer; Domkal, District- Murshidabad and on 22.4.2010, the SDO sent a notice to the Block Development Officer; Jalngi, District- Murshidabad to cause an enquiry with the Assistant Camp Commandant of concerned BOP of BSF and for submitting an action taken report to him.

 

But till date no appropriate actions have been taken by the authorities. In the meantime, the victim woman has undergone physical and psychological treatments at medical camps organised by us. Our psychological counsellor opined that she is under severe distress and anxiety. The woman is living under utter destitution because her name has not been included under any governmental schemes; BPL, Annapurna or Antodaya. She has not made further persuasion of her case because till recent, she obsessed with a faintest hope for a better conjugal relations which became shattered now.

 

In this given context I demand for:-

 

  • A specific case of committing rape by giving false promises must be initiated against the said BSF personal
  • Alimony and maintenance for throughout the period must be provided to the victim woman from the involved BSF personnel
  • The protection and safety of the woman must be guaranteed
  • The role of erring police personnel of Jalangi police station; who refused to register the complaint of the victim, must be investigated and appropriate actions should be taken

 

 

Sincerely Yours

 

 

(Kirity Roy)

 

 

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

 

 

Custodial death of an Undertral Prisoner – non compliance of procedure #Westbengal


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3 October 2012

To
The Chairman
West Bengal Human Rights Commission
Bhabani Bhaban
Alipur
Kolkata – 27

Respected Sir,

We conducted fact finding on the custodial death of a prisoner (Under Trial Prisoner) at Calcutta national Medical College & Hospital, Kolkata when he in judicial custody of Alipore Central Correctional Home, Kolkata. It is also revealed during the fact finding that the victim was subjected to torture in police custody Lalgola Police Station, Murshidabad soon he was arrested. On 10.8.2012 the victim was sent to Lalbagh Sub-Divisional Correctional Home, Murshidabad by order of the ACJM Court, Lalbagh but his family members had no idea/information about his detention at Alipore Central Correctional Home, Kolkata. Though post mortem examination of the victim was held but there was no enquiry by any judicial magistrate on the custodial death of the victim in compliance of Section 176(1-A) of Criminal Procedure Code. Therefore the incident of the victim again proved that the law is incapable of granting succor to the victims of custodial violence/death and the entire exercise on the part of the government officials and judicial authorities in this case proves the arrogance of the entire system in refuting to implement the legal procedure and abide by the rule of law with which they are not comfortable.

Hence we demand your urgent action in this matter in the following manner:-
• The whole matter must be investigated by one neutral investigating agency
• The provisions of Section 176(1-A) of Criminal Procedure Code must be implemented in this case.
• The perpetrator police personnel of Lalgola Police Station must be booked under the law immediately for perpetrating custodial torture upon the victim and they must be punished in accordance with law.
• The concerned perpetrator jail authorities must be reprimanded for causing the death of the victim in custody and be punished accordingly.
• The victim’s family must be compensated adequately.

Thanking you,
Yours truly,

Kirity Roy
Secretary, MASUM
&
National Convener, PACTI

Particulars of the victim: – Mr. Ketabul Seikh (deceased), son of Late Rustam Ali, aged about – 24 years, by faith-Muslim, by occupation- car driver, residence at village – Natatala, Post Office – Paharpur, Police Station-Lalgola, District-Murshidabad, West Bengal, India.

Particulars of the perpetrators: – (1) Mr. Debasish Sarkar, Mr. Debabrata Sarkar, Mr. Kajal Babu, Mr. Rontu Babu (Constable), Subhasis Ghosh and the other involved police personnel of Lalgola Police Station; (2) The Superintendent of Labagh Sub-Divisional Correctional Home, Lalbagh; (3) The Superintendent of Berhampore Central Correctional Home, Murshidabad and (4) The Superintendent of Alipore Central Correctional Home, Kolkata.

Date & time of incident: – On 09.08.2012 and subsequent thereafter.

Case Details:-

It is revealed during the fact finding that the victim belonged from a poor family. He was a part time truck driver. On 09.08.2012 he was arrested by the police personnel of Lalgola Police Station from Lalgola Bus Stand with other three men who were also come there for finding a suitable job for them. Thereafter all of them were taken to police station. Reportedly he was tortured in the police custody as well as by the police personnel led by Mr. Debasish Sarkar (Officer-in-Charge). He was implicated Lalgola Police Station Case No. 407/2012 dated 09/08/2012 under sections 397/411/413/ 414 of Indian Penal Code. On the same date the victim’s family members came to the police station but they were also threatened by the police personal. The police personnel physically tortured the victim in front of his family members and moreover the torture continued upon him whole night on that day.

On 10.8.2012 he was sent to Additional Chief Judicial Magistrate, Lalbagh Court with the other accused persons. His application for bail was rejected and he was sent to judicial custody at Lalbag Sub – Divisional Correctional Home fixing 18.8.2012 for his further production before the court. In the mean time the victim’s wife went to the said Correctional Home but she was informed that the victim was shifted to Beharampur Central Correctional Home. When the victim’s wife went to Beharampur Correctional Home with the help of her relatives she was informed that there was no such person in the victim’s name detained there. The victim’s wife was allowed to search the victim inside the said correctional home but she could not found her husband there. On 18.08.2012 the victim was not produced before the court.

On 19.08.2012 the victim’s family received information that he died at National Medical College & Hospital, Kolkata. On 20.8.2012 the family members of the victim went to the said hospital and received the body of the victim. The disposal certificate of the victim disclosed that the victim was detained at Alipore Central Correctional Home, Kolkata before his admission to the hospital. Beniapukur Police Station registered one unnatural death case vide Beniapukur Police Station Inquest no. 547/2012 dated 20.8.2012. The post mortem examination of the victim was held at the Police Morgue at N.R.S Medical College & Hospital, Kolkata. Though the victim died when he was still under judicial custody at Alipore Central Correctional Home, Alipore, Kolkata but no enquiry by any judicial magistrate was held on the custodial death of the victim in compliance of provisions of Section 176(1-A) of the Criminal Procedure Code. Our fact finding revealed that Mr. Amiya Kumar Lahiri, Assistant Commissioner of Police, ACP-1 of Kolkata Police was entrusted with inquest, which was against the law. The victim’s family did not get the post mortem examination report of the victim till date. On 31.8.2012 the victim’s family lodged written complaint before the Superintendent of Police, Murshidabad for enquiry into the custodial death of the victim but till date there has been no action.

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