From: Kirity Roy <kirityroy@gmail.com>
Date: Mon, Jan 9, 2012 at 4:01 PM
Subject: Jangalmahal - illegal detention & torture - a regular feature
To: NHRC <covdnhrc@nic.in>
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-mid-wb@nic.in
9th January 2012
To
The Hon'ble Chairperson
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi – 1
I want to bring into your notice on illegal arrests and detentions by local police and joint forces which are taking place unbridled in West Midnapur district. The police administration is trying to justify these unconstitutional and illegal acts on the pretext of 'Maoist' violence. Making ridicule to the Constitutional guarantees and other safeguards in criminal procedure code (Cr. P.C). As stated in Constitution: - Article 22(2) of the Constitution of India requires that 'person arrested or detained in custody should be produced before the nearest Magistrate within 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate, and that no such person should be detained beyond such period without the authority of the Magistrate'.
The violation of set procedures and Constitutional guarantees can not be justified by any political upheavals and resulted violence; rather it should be the time for state machineries to prove their accountability towards the rule of law.
Throughout this geographical area, the local police with joint forces are terrorizing populace of the area. The sections of populace who participated against police atrocities under the aegis of 'Committee Against Police Atrocities' are being identified and fabricated with false criminal charges. The situation became grimmer while police failed to provide security to the citizenry in one hand and in other snatching their Constitutional guarantees and legal rights. Not preparing arrest memo at the place of arrest, not obtaining signatures of family member or respectable persons of the area as a witness at the memo of arrest, not making true inspection memo, not producing accused before a magistrate within 24 hours of arrest, concocting persons in false cases by large numbers where they are not FIR named accused and depriving information about arrest to family members are few illegal and extra- constitutional acts of police force occurring without any check at the said area.
In this case, Mr. Baren @ Bhouda Mahato, aged about 47 years, son of Mr. Upendra Nath Mahato of village – Murabon, post office- Joypur, police station- Jhargram in West Midnapur district, an accused of few criminal cases, at the time of the incident at large in bail, regularly appearing at Jhargram police station as precondition of his bail, arrested on 4.12.2011 at around 4.00 pm, from adjacent area of his home. The police team made arrest consists of police personnel from Jhargram police station and Joint Force. The arrest was made for interrogation as informed by the police to his family. Father of Mr. Baren Mahato; Mr. Upendra Mahato visited Jhargram police station on 5.12.2011 to meet his son but the police personnel of Jhargram police station not permitted him. The father then visited Additional Chief Judicial Magistrate's court, expecting that Baren would have been produced before the court but in vain. The father made a written complaint on 7.12.2011 to the Sub Divisional Officer (SDO) of Jhargram, informing him about the arrest and detention, and asked for Baren Mahato's whereabouts. Baren Mahato was produced on the same day; i.e. before the Additional Chief Judicial Magistrate's court in connection of Jhargram PS Case no. 14/10 dated 08.01.2010 under sections 147/148/149/302 of Indian Penal Code and & 25/27/35 of Arms Act. Though, Mr. Baren Mahato was not a named accused in this case. In this case, one Mr. Khondkar Mehmud Ali, son of late Khondkar Abdul Ajij made a complaint against 50-60 unknown miscreants for killing his elder brother. While Baren forwarded to ACJM – Jhargram's court, the police of Jhargram police station prepared fabricated arrest and inspection memos and shown his arrest at 15.05 hours on 6.12.2011. Baren Mahato is an activist of Committee Against Police Atrocities (Police-i Santrash Birodhi Janganer Committee).
In this regard I request:-
- An independent investigation, not by the local police over the illegal detention of Baren Mahato
- Proper security and protection for Baren Mahato and his family
- Adequate compensation for Baren Mahato
- Initiation of specific criminal case with precise penal provisions against the police and joint force personnel for their involvement in illegal detention and fabrication of official documents (arrest and inspection memo)
- Thorough inquiry on widespread violation of constitutional and legal provisions by the police and joint forces posted at the area
Sincerely Yours
(Kirity Roy)
Secretary, MASUM
&
National Convenor, PACTI
--
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
No comments:
Post a Comment