12 November 2011
National Commission Scheduled Tribes
6th Floor, 'B' Wing
New Delhi – 3
We have received information that Mr. Krishna Sardar, son of Mr. Bablu Sardar; Mr. Shyamal Mondal, son of Mr. Tarani Mondal reside in Halderpara under village-Dayarampur, Police Station-Jalangi, District-Murshidabad, West Bengal, on 5.10.2011 they desired to eat pig-meat. Therefore they placed an order to Mr. Sukhen Sardar, son of Late Chandra Sardar, aged about-50 years, by Caste-Scheduled Tribe residing in village- Sahebrampur under Jalangi Police Station to deliver a pig to them at their residence in Halderpara. Mr. Sukhen Sardar runs his livelihood by pig-farming.
On 5.10.2011 in the evening Mr. Sukhen Sardar took a pig in a rickshaw van to deliver it to the aforesaid persons. Mr. Gopen Sardar, son of Mr. Jogesh Sardar; Mr. Somen Sardar, son of Mr. Moni Sardar and Mr. Krishna Sardar, son of Mr. Bishu Sardar of village-Sahebrampur were also traveling with Mr. Sukhen Sardar for the purpose of helping in dressing and cooking the pig.
Mr. Mohidul Mondal, son of Mr. Sukur Mondal; Mr. Abu Bakar Mondal, son of Dasrat Mondal and other persons of Dayarampur village saw that Mr. Sukhen Sardar and others were traveling with a pig. Soon some other persons Mr. Jabbar Mondal, son of Rabkul Mondal; Mr. Jiarul Mondal, son of Mr. Najer Mondal; Mr. Mannan Mondal, Mr. Ruhul Mondal, Mr. Rajjak Mondal, all sons of Atahar Mondal; Mr. Tahajul Mondal, son of Mr. Barik Mondal; Mr. Mamon Mondal, son of Mr. Jalil Malitha joined with them and they hatched a conspiracy to attack Mr. Suken Sardar and his companions. They all soon armed with deadly weapons such as sword, knife, wooden sticks, pistols and explosives and suddenly attacked Mr. Sukhen Sardar and the persons who were accompanying with him. They were attacked indiscriminately by lathis and knife, for this, they sustained bleeding injuries on several parts of their bodies. Some local persons namely Mr. Dhirendranath Mondal, son of Mr. Mohan Mondal; Usharani Mondal wife of Mr. Dhirendranath Mondal; Mr. Sukumar Mondal son of Fatik Mondal; Mr. Krishna Sardar, son of Mr. Bablu Sardar and Mr. Kanti Mondal, son of Mr. Abhimanyu Mondal tried to resist the attack but they also came under attack and sustained bleeding injuries. Mr. Dhirendranath Mondal and Mr. Sukumar Mondal sustained bone fracture injuries on their hands. The miscreants forcibly dragged Mr. Sukhen Sardar and his companions while the miscreants continued to beat them mercilessly. The miscreants finally dropped them in front of Ghoshpara Bridge. Miscreants also took away the pig.
Mr. Sukhen Sardar lodged a written complaint before the Officer-in-Charge of Jalangi Police Station against the abovementioned miscreants over the incident and the police registered one First Information Report vide Jalangi Police Station Case no. 846/2011 dated 8.10.2011 under sections 143/448/295/324/325/342/506 of Indian Penal Code.
The allegations brought by Mr. Sukhen Sardar before the police against the miscreants clearly disclosed that they were armed with deadly weapons and they attacked with definite intention to kill Mr. Sukhen Sardar and his companions at the time of the incident. But the police did not bring any charge of attempt to murder (section 307 of Indian Penal Code) and the charge under the relevant penal provisions of the Arms Act against the miscreants. It is also noticeable that the police did not bring any charge against the miscreants under the relevant penal provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 considering the fact that Mr. Sukhen Sardar and his companions and the other persons residing in Halderpara who suffered injuries during the attack belonged to Scheduled Caste and Scheduled Tribe community.
We understand that only cooking and/or eating a pig can not be considered as an offence. The people belonging to a definite community specially the Scheduled Tribe and scheduled Caste community can not be attacked by other people only for eating a certain thing by way of culture or customs. In this incident the heinous attack and the resultant injuries suffered by Mr. Sukhen Sardar and others belonging to Scheduled Castes and Scheduled Tribes community by the persons not being members of Scheduled Castes and Scheduled Tribes community definitely brings home the offence punishable under penal provisions of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. But the police failed to consider such important aspect of the incident.
Hence we demand that the whole matter should be enquired into by the Commission. We further demand that the police of Jalangi Police station must be directed to add section 307 of Indian Penal Code, the relevant sections under the Arms Act, Explosives Act and the relevant penal charges under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the accused persons in Jalangi Police Station Case no. 846/2011 dated 8.10.2011 and the investigation of the case must be done by a police officer not below the rank of the Deputy Superintendent of Police of the district in view of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules of 1995.
We hope that the Commission will intervene in this case and provide appropriate remedy(s) to the victims.
National Convener, PACTI
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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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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