18 April 2014
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
I lodge this present complaint where the incident in gist reveals that Mr. Morjem Hossain married one lady namely Ms. Ayesha Khatun @ Dazi Khatun who is reportedly above 18 years of age. But her father could not take up the marriage and filed one written complaint against Mr. Morjem Hossain him and his family members at Jalangi Police Station alleging kidnapping of her stating that she is minor. The police registered one criminal case(Jalangi police station FIR no. 274 dated 30.3.2014 under section 363/366A/34 of Indian Penal Code) and on 31.4.2014 at about 8 am Mr. Haidar Ali(aged about 59 years) being the father of Mr. Morjem Hossain was arrested by three civic police personnel of Jalangi Police Station. At the time of arrest all legal norms was flouted and he was assaulted and abused by the said civic police personnel. Then he was illegally detained at Jalangi Police Station for more than 24 hours without producing him before any judicial magistrate. Mr. Babu Mondal lodged complaint on the incident of illegal arrest and illegal detention of his father Mr. Haider Ali but no step was taken. Then again on 9.4.2014 Mr. Babu Mondal was arrested in connection with the above referred criminal case. The family members alleged that Mr. Babu Mondal is at present undergoing mental and physical torture in the custody of Jalangi Police Station. Our attached fact finding report gives details of the incident.
The perpetrator police personnel of Jalangi Police Station committed the following violation of law:
- The perpetrator police personal of Jalangi Police Station violated Article 22(2) of the Constitution of India.
- The perpetrator police personnel of Jalangi Police Station also violated Sections 49, 50, 50(A), 53, 55A, 57 and 60A and of Criminal Procedure Code along with the guidelines issued by the Supreme Court of India in D. K. Basu judgment (AIR 1997 SC 610).
- They also violated Regulation 33 of Police Regulations of Bengal, 1946.
- They also violated Article 1, 2, 3, 5 and 6 of UN Code of Conduct for Law Enforcement Officials.
Hence, we seek your urgent intervention regarding the following matters: –
- The whole incident must be investigated by one neutral investigating agency.
- The perpetrator police personnel of Jalangi Police Station must be immediately booked under the law and should be punished according to the criminal law for their alleged acts.
- The victims must be released from all false criminal charges.
- The victims and their family must be provided adequate compensation and should be provided adequate protection so that they cannot come under further threat or inducement.
National Convener, PACTI
Names of the victims: – 1.Mr. Haider Ali son of Late Bochher Mondal, aged about- 59 years; 2.Mr. Babu Seikh @ Mondal, aged about 27 years both by faith- Muslim, residing at Village – Kamarpur, Post Office – Natial, Police Station- Jalangi, District- Murshidabad, West Bengal, India.
Names of the perpetrators: – (1) The Officer-in-Charge of Jalangi Police Station; (2) Mr. Joydeb Sannasi being the Sub – Inspector of Police of Jalangi Police Station; (3) Mr. Juyel Seikh son of Hossain Ali; (4) Mr. Mokbul Seikh son of Mr. Samsul Sarkar; (5) Mr. Sahanul Jaman son of Mr. Mainuddin Jaman, all(perpetrators nos. 3 to 4) are the civic police personnel of Jalangi Police Station residing at village – Kumorpara, Post Office – Notial, Police Station- Jalangi and all other on-duty involved police personnel of Jalangi Police Station District – Murshidabad, West Bengal
Date & Time of incident: – On 31. 03. 2014 at about 8 am and subsequent thereafter.
Place of occurrence: – In the residence of the victims and in the police custody of Jalangi Police Station.
Fact finding details:-
It is revealed during fact finding that the victim Mr. Haidar Ali lives with his wife Ms. Nurban Bibi and three sons namely Mr. Babu Mondal, Mr. Morjem Hossian, Mr. Mijanur Rahaman and his daughter Ms. Joravan Khatoon.
On 30.3.2014 one Mr. Sajahan Mondal, son of Late Ajahar Mondal of village-Kumarpur(Purbapara) Police Station-Jalangi lodged one written complaint at Jalangi Police Station alleging that Mr. Haidar Ali and his three family members were involved in kidnapping his daughter and as such Jalangi Police Station FIR no. 274 dated 30.3.2014 under section 363/366A/34 of Indian Penal Code was registered against Mr. Haidar Ali and his three family members.
On 31.3.2014 at about 8 am the three civic police personnel of Jalangi Police Station being the perpetrators nos. 3 to 4 came to the residence of Mr. Haidar Ali. They were in uniform of civic police and armed with wooden sticks. There was no female police person present with them at that time. They apprehended Mr. Haidar Ali from his residence without issuing any Memo of Arrest. His son Mr. Babu Mondal and other family members asked them about the reason of the arrest. But the said civic police personnel did not disclose any reason. At the time of arrest they assaulted Mr. Haidar Ali by fists and blows and also by wooden sticks. They even abused him in filthily languages and humiliated the female members in the house. Later Mr. Babu Mondal went to Jalangi Police Station to see his father but the police of the said police station did not allow him to meet with his father. The police personnel abused him in filthy languages and threatened him to assault by saying that his father will be rotten to death in police lock up without producing him in court. On the next day i.e. on 1.4.2014 Mr. Babu Mondal went to Berhampore Court expecting that his father would be produced in court by police, but after waiting for the whole day he found that his father was not produced in the court. On the same day Mr. Babu Mondal lodged one written complaint before the Chief Judicial Magistrate, Berhampore regarding the illegal arrest and also illegal detention of his father. The said complaint was registered as Misc. Petiton no.78/2014 and the court directed the Officer-in-Charge of Jalangi Police Station to submit report within 7.4.2014. But till date no report has been submitted.
On 2.4.2014 Mr. Haidar Ali was produced in the court in connection with the above referred criminal case. Mr. Haidar Ali was represented by one Advocate provided by MASUM for his defense. The Advocate filed one bail application for him in the court and in the bail application it was stated that Mr. Hairdar Ali was illegally detained at Jalangi Police Station and subjected him to custodial torture. The court (the Chief Judicial Magistrate, Berhampore) rejected his bail application and sent him to Berhampore Central Correctional Home for judicial custody.
On 2.4.2014 Mr. Babu Mondal also lodged written complaint before the Superintendent of Police, Murshidabad on the incident of illegal arrest and illegal detention of his father Mr. Haidar Ali by the involved police personnel of Jalangi Police Station. But no step was taken on his complaint till date.
On 9.4.2014 at about 11 am about 6/7 police personnel of Jalangi Police Station out of whom 4/5 were civic police personnel came to the residence of Mr. Haidar Ali along with Mr. Joydeb Sannasi being the Sub – Inspector of Police of Jalangi Police Station without any lady police person. The police personnel arrested Mr. Babu Mondal without disclosing any reason and without issuing any Memo of Arrest. they also allegedly snatched one mobile phone and cash of Rs.2700/- from his possession. At the time of arrest he was brutally arrested by the police personnel and he sustained bleeding injury due to the assault. The police personnel took him away on a motorbike. The civic police personnel further humiliated Ms. Jorabhan Khatun, daughter of Mr. Haidar Ali by pulling her wearing clothes. On 10.4.2014 he was produced in court in connection with the above referred criminal case and the police of Jalangi Police Station by making prayer to the court took him to police custody. Mr. Babu Mondal is at present detained in police custody at Jalangi Police Station and his family members alleged that he has been undergoing mental and physical torture in the police custody.
On 9.4.2014 at about 8.38 am our fact finding team contacted with the Duty Officer Mr. Mir Jalaluddin of Jalangi Police Station and he was asked whether the victim Mr. Haidar Ali was arrested by civic police personnel on 31.3.2014 and he answered in reply that the police can arrest a person on criminal charge. He was also asked whether Mr. Haidar Ali was illegally detained in Jalangi Police Station from 31.3.2014 and he stated in reply that he could say anything after seeing the records. He was asked whether Mr. Haidar Ali was subjected to torture in police custody and in reply he stated that if there is any allegation of torture then file complaint and step would be taken on the complaint.
The family members of the victims stated that Mr. Morjem Hossain, son of Mr. Haidar Ali married with the daughter of Mr. Sajahan Mondal namely Ms. Ayesha Khatun @ Dazi Khatun and the marriage was duly registered under Muslim rites and custom. The said Ms. Ayesha Khatun also affirmed through an affidavit that she out of her own willing and voluntary married with Mr. Morjem Hossain. She also stated in the affidavit that she was not kidnapped by her husband and his family members and she is about 18 years and 2 months old. The family members of Mr. Haidar Ali stated that Mr. Sajahan Mondal being the father of Ms. Ayesha Khatun @ Dazi Khatun could not take the marriage and out of grudge he filed false complaint against them for subjecting them to police harassment.
To see the documents, please see the attached file (pdf).
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : [email protected]