Resident of enclave settlement camp severely tortured in police custody- IMPUNITY

BiplabMukherjee<> / 25 September 2017 at 11:42
To: , "" <>
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DM Cooch Behar <>, MHA JS Border Management <>, MHA JS Human Rights <>, SP Cooch Behar <>, UN SR On Torture <>, "UN SR Special Rapporteur On Truth, Justice, Reparation" <>

To29.09.2017
The Chairman
National Human Rights Commission
ManavAdhikarBhawan, Block-C, GPO Complex, INA

New Delhi – 110023

Respected Sir,

The complaint is regarding severe custodial torture upon a person from District-Cooch Behar, West Bengal; living in a resettlement camp for erstwhile Indian enclave dwellers. Mr.Krishna Roy was arrested without issuance of arrest memo at the time of his arrest. The victim was severely tortured and threatened during his detention. Our Fact finding report attached herewith gives details of the case. Later, victim’s wife made a written complaint to the Superintendent of Police; Cooch Behar, but no recourse measures has been taken.

The perpetrator police personnel by their acts of torture upon the victim violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials and Article 7 of International Covenant on Civil and Political Rights along with Article 21 of Indian Constitution and other domestic legalities related to arrest and detention.

·The whole incident must be investigated by a neutral agency appointed by the commission

·The written complaint lodged by the on 24.07.2017 before the Superintendent of Police, Cooch Behar must be treated as FIR and investigation must be done under the appropriate penal provision.

·The guilty police personnel involved in committing offences must be booked and prosecuted

·The victims must be provided with adequate compensation and protection.

Thanking You,

Yours Sincerely

​

BIPLAB MUKHERJEE

Secretary - MASUM

Particulars of the victim: -Mr. Krishna Roy son ofMr. Mohesh Chandra Roy aged about 36 years resides at Haldibari enclave settlement camp under Block- Haldibari, Post office- Haldibari, Police Station – Haldibari, District- Cooch Behar; West Bengal.

Particulars of Secondary victims- 1. Mrs. Madhabi Roy (Wife) aged about 32 years. 2.Ms. Nirmala Roy (Daughter) aged about 7 years.

Particulars of the perpetrators: - Mr. Ajay Roy, Mr. RupamDey and Mr. UjjalBaksi – Police personnel from Haldibari police station.

Place of the incident:-At police custody in Haldibari Police station.

Date of the incident: - On 19.07.2017

Fact Finding Details:- Mr. Krishna Roy and his family were the residents of erstwhile Indian claves at Bangladesh. After Land Boundary Agreement between India and Bangladesh; Mr. Krishna Roy along with his family came to India. Now they are staying at Haldibari enclave settlement camp situated at Block- Haldibari, Post office- Haldibari, Police Station – Haldibari, District- Cooch Behar.

Mr. Krishna Roy had some personal issues with his two brothers who are also residents of the said camp. On 19.07.2017 at around 11pm victim sat with his brothers to settle down the matters. At that time they quarreled with each other. The other residents tried to pacified them but they failed. In the mean time one of the resident of the said enclave settlement camp informed at Haldibari Police station over phone. After some time, six police personnel from Haldibari police station arrived at that place by agipsycar. Reaching there they picked up the victim and his brother Mr. Sanatan Roy to their car and left the place.

The police personnel took victim and his brother to the police station. After few hours they released victim’s brother Mr. Sanatan Roy at around 2.00 am. But they did not release victim after his several requests. Mr. Ajay Roy, Mr. RupamDey and Mr. UjjalBaksi of Haldibari police station started physical torture upon him. They took off the clothes from victim and continuously tortured him for next 30 minutes. The police personnel of Haldibari Police station lodged one complaint vide G.R Number- 320/17 under section of 353/34 of Indian Penal Code.

Next day on 20.07.2017 victim was produced before the Additional Chief Judicial Magistrate- Mekhliganj’s Court at around 12 pm. On that day he was released on bail at around 3.00 pm.

Due to enormous physical torture, victim was suffering from severe pain. On that day he was admitted at Haldibari Rural Hospital. He was under treatments at that hospital for next 7 days. On 24.08.2017 victim’s wife lodged one written complaint to Inspector in Charge of Haldibari Police Station and the Superintendent of Police, Cooch Behar. But till date the victim’s family got not a single response from their side.

Medical Document

EPIC CardPostal slip of Complaint sent to the Superintendent of Police