10th February 2012
National Human Rights Commission
We lodge this present complaint on behalf of the victims Mr. Rajjak Mondal and Mr. Fajlur Mondal from District-North 24 Parganas who are presently languishing in jail since 01.01.2012 on allegation of illegally possessing 'Ganja'. The family members of the victims vehemently contradicted such allegation and claimed that the police leveled false allegations against the victims out of conspiracy. The family members of the victims alleged that the police of Baduria and Basirhat Police Station arrested the victims from their houses on 29.12.2011 at about 2 hours without disclosing any reason and without issuing any memo of arrest; they were also beaten by police at the time of arrest. Moreover the police also subjected them to torture in police lock up, allegedly compelled the victim's family to give bribe to police and illegally detained them until they were produced before magistrate on 1.1.2012. Our attached fact finding report gives details of the incident. Here the family members of the victims brought direct allegation of torture while in custody which amounts to criminal offence and violation of law as laid down in Criminal Procedure Code (Sections 50, 50-A, 55-A, 57 and 60-A ) and also violation of the guidelines issued by the Apex Court in DK Basu judgment.
Hence we seek your urgent intervention in this case in the following manner:-
· The whole matter must be investigated by a neutral investigating agency appointed by the Commission
· The perpetrator police personnel must be booked immediately under the law and punished accordingly
· The victims must be relieved immediately from all false and concocted allegations.
· The victims must be given adequate protection and compensation.
National Convener, PACTI
Particulars of the victims:- (1) Mr. Rajjak Mondal, son of Mr. Rashid Mondal, aged about-29 years, by faith-Muslim, by occupation- daily wage earner, residing at village-Srikati, Police Station-Baduria, District-North 24 Parganas; (2) Mr. Fajlur Mondal, son of Mr. Abdar Mondal, residing at village-Srikati, Police Station-Baduria, District-North 24 Parganas
Particulars of the perpetrators: - The involved police personnel of Baduria Police Station and Basirhat Police Station
Date & time of incident: - On 29.12.2011 at about 2.00 hours and subsequent thereafter.
Fact Finding Detail:-
It is revealed during the fact finding that the victims are now languishing at Dum Dum Central Correctional Home (Jail) since 1.1.2012. They are being detained in jail as under trial prisoners(UTP) in connection with Basirhat Police Station Case no. 643/2011 dated 31.12.2011 under section 20(b)(i) of NDPS Act. According to the police complaint, the victims were arrested from Moylakhola Bus Stand on 31.12.2011 in the evening hours and 6.700 Kilograms of 'Ganja' could be recovered from their possession. As they did not produce any valid documents for possessing the said article (Ganja), they were implicated in the aforesaid criminal case and the police investigation is in progress.
According to the family members of both the victims that both the victims are innocent and they have been roped into false allegations by police out of conspiracy so that they could be detained for long period behind the bar.
The family members of the victim Mr. Rajjak Mondal stated before our fact finding that on 29.12.2011 at about 2.00 hours in the midnight about 6/7 police personnel of Baduria Police Station and Basirhat Police Station raided into their house and forcibly captured him. They started beating him by their wooden sticks and rifle butts. In a similar manner the said police personnel also raided the house Mr. Fajlur Mondal and forcibly took him into their custody. Here also the police personnel beat Mr. Fajlur Mondal by their wooden sticks and rifle butts. The police did not disclose any reason for their apprehension and no memo of arrest was arrest was issued at the time of their apprehension. Many local people witnessed the incident as told by the family members of the victims before our fact finding team. Then in the morning Mr. Rashid Mondal, the father of the victim Mr. Rajjak Mondal came to Basirhat Police Station and he came to know from Mr. Rajjak Mondal that on the last night one Mr. Sanjoybabu, police officer of Basirhat Police Station mercilessly assaulted him to confess according to his desire. The other victim Mr. Fajlu Mondal also came under such torture in the hands of the said police officer. On 30.12.2011 one Mr. Sahabab Mondal who reportedly works as an informer to local police contacted with Mr. Rashid Mondal, the father of the victim Mr. Rajjak Mondal and told him that the police officer Mr. Sanjoybabu would stop torturing his son if he agrees to pay Rs.3000/- to the police officer Sanjoybabu. Mr. Rashid Mondal to save the life of his son gave Rs.3000/ to the said Mr. Sahabab Mondal and it is also revealed that the said amount was handed over to the said police officer Mr. Sanjoybabu. Later on 2.1.2012 the family members of the victims came to know from one news paper report that the victims were implicated in a criminal case of illegally possessing 'Ganja'.
The family members of both the victims stated before our fact finding team that they are poor people being daily wage earner and the victims have been falsely implicated in false charges out of local political rivalry.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
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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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