illegal arrest, illegal detention and custodial torture of a youth belongs to minority community
Kirity Roy<> / Fri, Sep 12, 2014 at 3:54 AMTo: "Justice Shri K.G. Balakrishnan" <>
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, Secretary Home Dept Gov of WB <>, "DG & IGP, West Bengal Police." <>, DM Murshidabad <>, OHCHR <>, "UN SR on Torture Mr. Juan MENDEZ" <>, "A.K. Parashar" <>, , NHRC <>
To Date-12.09.2014
The Chairman
National Human Rights Commission
Manav Adhikar Bhavan
Block- C, GPO Complex
INA
New Delhi – 110023
· Superintendent of Police of Murshidabad – MASUM/SP/MSD/530/3864/14
Respected Sir
I want to attract your kind attention on an incident of illegal arrest, illegal detention and custodial torture of a youth belongs to minority community by the personnel of Raninagar police station of Murshidabad district. The person was in visit to his relative. The partisan police are implicating the political opponents of the ruling regime in a systemic way and in this course trying to appease their ‘political masters’.
In this incident, an innocent person was lifted from his relative’s home, illegally detained, and mercilessly tortured inside the custody. During their forcible entry and trespass inside a household and lifting of a valuable item; the police disobeyed the provisions of criminal Procedure Code. They had taken away a motorcycle without preparing seizure list. The person who was taken to the police station later released without making any charge; off course intimidated not to make any complaint on the ordeal.
I am attaching a detail of the incident which is self explanatory in nature and demand for:-
· The issue must be investigated urgently by an independent agency
· The involved police personnel must be booked according to the legal provisions for illegal detention, custodial torture and damaging of property
· A direction must be given to drop the name of the falsely implicated person from the list of accused of the mentioned case
· The family and witnesses must be provided with adequate security and safety
· Adequate financial compensation for the victim and his family
Sincerely Yours
(Kirity Roy)
Secretary- MASUM
National Convener- PACTI
......
Name of the victim: 1. Mr. Abdur Rashid Seikh; son of Late Abdur Jalil Seikh, aged about 32 years, 2. Ms. Samima Jasmine Bibi; wife of Mr. Abdur Rashid Seikh; aged about 25 years; both residents of village- Dakkhin Char Majherdiar under Raninagar police station, district- Murshidabad and 3. Mr. Saddam Husain; son of Mr. Manjil Seikh; aged about 20 years and resident of village and post- Jinnatpara under Raninagar police station of Murshidabad district
Name of the perpetrators: Mr. Surojit Thakur; Sub Inspector of Raninagar police station and 8-9 police and Home Guard personnel
Date and time of the incident: 20.7.2014 at around 6.00 PM
Place of the incident: Dwelling of Mr. Rashid Seikh at of village- Dakkhin Char Majherdiar under Raninagar police station
Case Detail
The victim belongs to minority community and has repute of innocence at village. The third victim is the nephew of victim number one and lives in nearby village. The family was often victimised and intimidated during the political regime of erstwhile political dispensation and situation till continued. Mr. Abdur Rashid Seikh’s father; Abdur Jalil Seikh was injured while anti- socials threw bombs on 20.6.2008 and succumbed to his injuries on 2.7.2008 at a Kolkata based hospital while under treatment. The family knocked pillar to post of police administration to lodge their complaint over the attack and subsequent death of Jalil Seikh, but at every level, from the office of Deputy Inspector General of Police to local police station; their plea was unheeded due the partisan approach of the police. On the other hand, police initiated a criminal case against the deceased; vide Raninagar Police Station Case No. 129/08 dated 20.6.2008 under sections 3 and 4 of Explosive Substances Act.
Recently, the Raninagar police has set off misdemeanour act to implicate persons having political affiliation to opposition political dispensations and in connection to this initiated criminal cases against the supporters of opposition political parties. Mr. Abdur Rashid Seikh was also implicated with his three brothers; Mr. Mujibar Seikh, Mr. Bajit Seikh and Mr. Kalam Seikh in such a criminal case vide Raninagar Police Station Case No. 434/13 dated 24.07.2013 under sections 147/148/149/325/ 307 of Indian Penal Code. It was also reported that Mr. Abdur Rashid Seikh was not acquainted with such case against him. 18 persons were being made accused of that case.
All of a sudden on the mentioned date and time the above mentioned police personal with other police and Home Guard personnel raided the house of Mr. Abdur Rashid Seikh. They came with a white coloured police vehicle having registration number WB- 42S- 0638. The raiding party was without any lady police personal. The family members were breaking their fast, as they were performing ‘Roja’. The police persons without showing any reasons started ransacking the household items after forcibly trespassed inside the house. Ms. Samima Jasmine Bibi; wife of Mr. Rashid Seikh under utmost terror dared to ask the reason of their uncalled-for entry, and in reply, the police said they will lift her to police station after a severe bashing. The nephew of Mr. Abdur Rashid Seikh; Mr. Saddam Hossain, who was in visit to his maternal uncle’s home, protested the ongoing savage behaviour of the police, which made the police furious. Mr. Surojit Thakur; the Sub Inspector, leapt to Saddam and started bashing him, he was then dragged to the parked police vehicle. The police party then razed the parked motorcycle (registration number WB 58F- 9981) of Mr. Abdur Rashid Seikh, while he was not present in his home. Then the police lifted the locked motorcycle in their vehicle and brought it to Raninagar police station. Mr. Saddam Hussain was brought to Raninagar police station and physically tortured during the whole night. He was not provided with water and food and verbally abused and threatened. The police said he would be implicated either in narcotic substances case or explosive case if dared to complaint about his ordeal. Next day; 21.07.2014 at around 6.00 PM, an aunt of Mr. Saddam Hussain; Ms. Rabia Bibi; wife of Mr. Jahiruddin and few other relatives went to Raninagar police Station to meet Saddam, the police warned them with dire consequences, obtained their signature in blank papers, asked them not to make any complaint to anywhere and released Mr. Saddam Hussain without making any charge. The police has not made any seizure list for the motorcycle and deserted it to the police station courtyard for further waning. They not even initiated any legal proceeding on the vehicle and its subsequent ‘lifting’. While requested to release of the motorcycle; Mr. Mr. Surojit Thakur told the family members to ensure the appearance of Mr. Abdur Rashid Seikh to police station. Frightened Mr. Saddam Hussain declined to make any complaint and Mr. Abdur Rashid Seikh evading imminent arrest. On 6.08.2014; while contacted with Mr. Surojit Thakur; SI and asked about the illegal arrest, detention and custodial torture of and upon Mr. Saddam Hussain; he replied that yes he was brought to police station in accordance to section 29; when asked to elaborate the section 29, he declined. He also accepted the lifting of the motorcycle and said; Abdur Rashid Seikh can take his vehicle by showing relevant documents.
However, Mr. Abdur Rashid Seikh made a written complaint to the Superintendent of Police: Murshidabad on 14.08.2014 but no appropriate actions have been taken.
UPDATE - victim under serious threat by police for lodging complaint vide NHRC Case no. 1394/25/13/2014
Kirity Roy<> / Tue, Feb 3, 2015 at 2:55 PMTo: "Justice Shri K.G. Balakrishnan" <>,
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, Secretary Home Dept Gov of WB <>, "DG & IGP, West Bengal Police." <>, DM Murshidabad <>, OHCHR <>, "A.K. Parashar" <>
To 3 February 2015
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
· Principal secretary (Home) - MASUM/PS(H)/WB/530-A/4003/15
· District Magistrate – MASUM/MSD/530-A/DM/4005/15
· Superintendent of Police – MASUM/MSD/530-A/SP/4006/15
Ref: - NHRC Case no. 1394/25/13/2014
Respected Sir,
On 11.9.2014 I lodged complaint before the Commission in the matter of the victim Mr. Abdur Rashid Sk. who is a victim of torture perpetrated by the perpetrator police personnel of Raninagar Police Station.
The Commission accepted the complaint and it was registered vide NHRC Case no. 1394/25/13/2014.
I have received one letter dated 13.11.2014 from the Commission which revealed that the Commission called for report within four weeks from the Director General of Police, Government of West Bengal.
I have received updated information in the matter of the victim which I think necessary to share before you for proper disposal of the case.
UPDATED INFORMATION
On 4.12.2014 at about 11 pm Mr. Surajit Thakur being the Sub-Inspector of Police and other involved police personnel from Raninagar Police Station forcibly entered into the house of the victim by breaking down the main entrance of the house. There was no lady police person with them. The victim’s wife was sleeping in a room at that time but she was forcibly pulled out from the bed and the perpetrator police personnel allegedly molested her. They also abused her in filthy languages. They threatened her in the name of her husband saying that her husband would face dire consequences for lodging complaints against the police and he must withdraw the complaints if he wanted to save his life. During the incident the victim was not present in the house. The perpetrator police personnel also forced the children of the victim to stand on open air during cold weather. The nieghbours of the victim protested against such torturous acts of the perpetrator police personnel. The perpetrator police personnel ultimately left the house of the victims facing the protest of the neighbours, but they issued threats to implicate the victim in false and concocted criminal cases.
The victim lodged written complaint before the Superintendent of Police, Murshidabad narrating the incident happened in his house as stated above. But till date no action has been taken in response to his complaint.
The victim and his family members are under threats of further harm to their life and liberty and the administration is going silent by not providing any protection to the victim and his family members.
Under the circumstances I request the Commission to accept this present letter as part of my complaint dated 11.9.2014 in the matter of the victim and pass necessary direction so that the victim and his family members could be provided with adequate protection and they can pursue the hunt for justice against the perpetrator police personnel in a fearless environment.
Your kind action in this matter would be highly solicited.
Thanking You
Yours truly
Kirity Roy
Secretary, MASUM
National convener, PACTI
File No. Abdul Jalil Seikh (530/MSD/14)
NHRC Case no. 1394/25/13/2014 - Comments against police report1 message
Kirity Roy<> / Tue, Feb 9, 2016 at 1:49 PM
To:
Cc: Section Officer M-3 NHRC <>,
Bcc:
To
The Acting Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi-110023 9th February 2016
Ref.:- NHRC Case no. 1394/25/13/2014
The Commission’s Letter dated 11.1.2016
My complaint dated 11.9.2014
Sub.:- Reply against police report
Respected Sir,
I have received the Commission’s Letter dated 11.1.2016 in connection with the above referred NHRC Case no. 1394/25/13/2014 along with the copy of the police report .
I have duly gone through the police report and place my comments on the police report hereunder:-
The following points are not dealt with by the enquiring officer during the course of his inquiry:-
1. The enquiring officer did not talk with the victims and his family members.
2. That the inquiring officer did not make a local inquiry by visiting the locality of the victims.
3. The inquiring officer did not make a local inquiry at the place (Seikhpara) from where the victim Mr. Saddam Hossain was arrested as per police records of Raninagar Police Station.
4. The inquiring officer did not disclose in his report when and how the information of arrest of the victim Mr. Saddam Hossain was given to their family members.
5. The inquiring officer did not supply the copy of the memo of arrest and personal inspection of the victim Mr. Saddam Hossain with the police report.
6. The inquiring officer did not supply the copy of the seizure list on the seizure of two motorcycles.
It is stated in the police report that the victim Mr. Saddam Hossain was arrested under section 42 of Cr. P. C. read with section 290 of IPC. From the police report and the police records attached with the report, it appears that police of Raninagar Police Station had true name and residence of the victim Mr. Hossain and no suspicion was recorded in the police record that his name and residence was false. Therefore, when the true name and address of the victim Mr. Saddam Hossain was ascertained then they had right to be released from custody on his executing a bond with or without sureties under Section 42(2) of Criminal Procedure Code.
Section 42(2) of Criminal Procedure Code-When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before a magistrate if so required.
The word “shall” used in section 42(2) of Criminal Procedure Code is to be interpreted as obligatory on the police and it should be complied with when it is for the benefit of the arrestee. Therefore, the police of Raninagar Police Station committed illegality by detaining the victim Mr. Saddam Hossain in custody on the plea that he failed to arrange surety for his release. The inquiring officer tied with a sense of brotherhood for his subordinate police personnel deliberately failed to look into the illegality done by the perpetrator police personnel of Raninagar Police Station.
The inquiring officer prepared his report by only furnishing information which is available in the police record and beyond that he did not make any inquiry. He even did not examine the doctor who examined the victim Mr. Saddam Hossain on 21.7.2014. Rather he tried to avoid his duty to conduct a neutral inquiry by stating “ After being released on bail he got himself treated by a private practitioner on 21.7.2014 for reasons best known to the petitioner”. Such statement of the inquiring officer clearly shows that he did not examine the victim Mr. Saddam Hossain in the course of his inquiry. The inquiring officer stated in his report that two motorcycles were seized by the police of Raninagar Police Station in an abandoned condition on 7/8.7.2014. But he did not disclose in his report what step was taken by the police of Raninagar Police Station to locate the owner of the seized motorcycles. Moreover the inquiring officer is silent in his report on the complaint submitted before the Superintendent of Police, Murshidabad on 14.8.2014.