14 February 2011
The Honourable Chairman
National Human Rights Commission
New Delhi – 1
This present complaint is based on our fact finding report where the victim Mr. Subad Ali Khan of Village Kendra, Post office Kendra (Chhatadhaora) District-Burdwan, West Bengal, an eye witness of a political murder case, was psychologically tortured and socially humiliated by the perpetrator police personnel of Pandabeshwar Police station before the victim's own house from 9am to 10am on 21.12.2010. Besides humiliating the victim socially by entering into his house without any search warrant, the perpetrator police personnel also committed other illegal acts when the police pushed the women without any female police personnel, abused the victim and female family members of the victim by using filthy language even by mentioning the religion of the victim, the officer-in-charge of the Pandabeshwar police station appeared at the place of incident without any uniform, threaten the victim to restraint him to give statements as a witness of a murder case on behalf of a political party. Our attached fact finding report gives details of the incident.
The incident grossly shows that the perpetrator committed torture upon the victim motivated to achieve some personal gains as the victim was not accused of any criminal act when his house has been searched by police without any search warrant and abused him by using filthy language. The incident also shows that the police committed harassment to an eye witness of a murder trial to restrain him to give witness and to create an environment of terror in the mind of other witnesses instead of protecting him. The perpetrator police personnel took the law in their own hand in committing psychological torture upon the victim. The right to life and equal protection before the law of the victim were violated by the perpetrator police personnel.
This incident not only proves the absolute violation of the procedures by the police personnel, again it establishes the fact that the local police and members of political parties involved with antisocial activities has malafide nexus between them. It also proves the apathy and inhumane approach of duty-bearers toward the commoners.
Hence we seek your intervention in this matter in the following manner:-
· The perpetrator police personnel must be booked under the law committing them to face prosecution under proper penal provisions of law for committing torture upon the victim.
- The victim must be compensated adequately from the pocket of the perpetrators. The victim and her family should be given adequate protection. Steps must be taken on the basis of the complaint lodged by the victim on 11th November, 2010 when some antisocial elements attempted to murder the victim.
National Convenor, PACTI
Name of the victim:- Mr. Subad Ali Khan, son of late Saifuddin Khan, aged about- 42years, by faith- Muslim, by occupation-Cultivator and Thika labourer, residing at Kendra, Post Office Kendra (Chhtadhaora), Police Station-Pandabeshwar, District-Burdwan, Pin : 713380 West Bengal, India.
Name of the perpetrators:- Mr. Sujit Ghosh, Sub-Inspector of Police and Officer-in-charge Mr. Rajarshi Dutta ( Without any uniform ), and near about 150 police of Pandabeshwar Police Station, District-Burdwan, West Bengal
Place of incident:- Before victim's own house, Kendragram, Chhatadhaora, at morning while brushing his teeth
Date & time of incident:- On 21.12.2010 from 9am-10am.
Case Details:- It is revealed during our fact finding that on 21.12.2010 the victim Subad Ali Khan, a muslim thik labourer while brushing his teeth, abused by the police personnel of Pandabeshwar Police Station, Burdwan. According to the statement of Mr. Subad Ali Khan and the eye witnesses on 21st December, 2010 at about 9 am approximately, more than 150 police personnel entered in his house without any search warrant in order to search his house. It is relevant to mention in this regard that Subad Ali Khan was an eye witness of the murder case of Mr. Ganesh Chandra Pal [(Former Secretary of District Committee, Communist Party of India (Marxist-Leninist)], who is alleged to be killed on 8th January, 2003, by the antisocial elements sheltered under the Communist Party of India (Marxist). A case is pending before the Ld. District and Sessions Judge, Fast Track Court, Durgapur on the basis of the complaint lodged by Late Mr. Haradhan Pal, brother of Ganesh Pal. On the same way another member of CPI (ML) Mr. Sunil Pal was also assassinated on 29th December, 2009 at his party office, which is also alleged to be done by the C.P.I. (M)'s antisocial elements. The main allegation is that at present all the accused persons of Ganesh Pal's murder case apprehend that they will be put behind the bars if the witnesses depose fairly before the court, so they are threatening the witnesses regularly asking them not to give their statements before the court. Subad was also a member of the C.P.I. (ML). Even on 11th November, 2010, at about 7 pm according to Subad Ali Khan, Jhagru Singh, Nawal Kishore Paswan, Tapan Pal, Mahabir Dhangar, Milan Pal, Surya Pal, Mangal Pal, Uttam Pal, Gangadhar Pal, Dilip Ghosh,Chandrika Kurmi,Sadhu Dom and others attempted to murder Subad Ali Khan. FIR has been filed by the victim on that day in this regard before the Pandabeshwar Police Station. However no steps have been taken by the police on behalf of this complaint till date. On 20.12.2010 approximately 10 witnesses appeared before the court with Subad Ali Khan for the murder case of Ganesh Pal, and gave their statements against the accused persons. On the very next day police appeared before Subad's house at 9am and harassed Subad by using abusive languages. They asked the victim that why he has appeared before the court with 70 witnesses. The police personnel also alleged that it is the presumption of the police that some antisocial elements are sheltered by Subad and the vitim has also collected rifles, bombs and other machineries illegally in his house. The police personnel told in threatening voice to the victim that they will make the chargesheet against the victim in such a way that the bail will never be granted to him by the court. Then more than 150 police personnel, 15 of them has covered their face, entered in victim's house, without any search warrant and shattered everything in the house, which violates Section 93 of the Cr.P.C.. Although there were no female police personnel, they push the female members in a side of the house and throw every dress of the family members on the ground. The police also restrained the neighbors to come near the victim's house. They also coerced and verbally abused the family members of the victim, including women and the neighbors by using filthy languages. Even the police abused Subad by mentioning his religion. On 21.12.2010 after 10 am they have left the victim's house however this incident effects socio-psychological condition of the victim a lot.
Even before this incident the police personnel of the Pandabeshwar Police Station had coerced Subad in various ways from the year 2005. Once on 06.02.2007 the police even put the victim behind the bars for 4 days without producing him before any court of law, which clearly violates Article 22 of the Constitution of India and section 57 of the Cr.P.C. and then Subad was presented to Katowa Court in a false case, where the bail was granted in favour of the victim.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : firstname.lastname@example.org
Truth resides in every human heart, and one has to search for it there, and to be guided by truth as one sees it. But no one has a right to coerce others to act according to his own view of truth. - Mohandas Gandhi
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