30 July 2013
West Bengal Human Rights Commission
Kolkata – 27
I want to draw your attention on an incident of illegal arrest, Illegal detention, false implication in criminal charges and custodial torture committed upon the victim named Mr. Chofer Ali Jamaddar by the police personnel of Sandeshkhali police station and Bhangor police station, North 24 Parganas district. Our fact finding report provides the details of the whole incident.
In the present case the perpetrator police personnel committed illegal acts in order to commit torture upon the victim. The perpetrator police personnel violated the law in all respect in the matter of the victim. The victim suffered complete loss of his human rights in the hands of impunity enjoyed by the perpetrator police personnel. The victim’s wife lodged written complaint disclosing the whole incident of police torture committed upon her husband by the perpetrator police personnel before the Superintendent of Police, North 24 Parganas but till date there has been no action.
Hence we seek your urgent intervention in this matter in the following manner:-
- The whole incident must be investigated by the Commission’s own investigating wing.
- The perpetrator police personnel of Sandeshkhali Police station and Bhangor Police station must be booked under the law and prosecuted under the criminal law for their alleged criminal acts and acts committed in violation of law.
- The victims and their family must be provided adequate compensation and protection so that they do not come under any threat or inducement.
National Convener, PACTI
Name of the victim: – Mr. Chofer Ali Jamaddar, son of- Mr. Sujir Jamaddar, aged about- 26 years, by faith- Muslim, residing at Village- Chuchura Hulopara, Post Office- Bayarmari, Police Station- Sandeshkhali, District- North 24 Parganas, West Bengal, India.
Name of the perpetrators: – The Officer-in-Charge of Sandeshkhali Police Station; The Officer-in-Charge of Bhangor Police Station and about 10/12 involved police personnel of Sandeshkhali Police Station and Bhangor police station.
Date and time of incident: – On 12.05.2013 at about 2 am.
Place of occurrence: – Inside the house of Mr. Ahammad Molla at Chandipur village under Bhangor police station
Case details: –
It is revealed during fact finding that the victim lives under poor economical condition with his wife named Ms. Munjura Bibi and with three minor children namely Mr. Sabodel Jamaddar, Mr. Tafchel Jamaddar and Ms. Hafiza Khatun. The victim and his family members belong to backward class community.
On the date of incident the victim along with his family members went to the house of Mr. Ahammad Molla, the uncle of the victim’s wife at Chandipur village under Bhangor police station. After fining dinner they went for sleep in a room allotted for them in the house of Mr. Ahammad Molla. At about 2 am about 10/12 involved police personnel of Sandeshkhali and Bhangor police station wearing plain clothes and duty dresses came to the house of Mr. Ahammad Molla without taking any lady police constable by two ‘Tata Sumo’ (four wheelers vehicle) and surrounded the house of Mr. Ahammad Molla from outside. The police personnel were holding arms and wooden sticks in their hands. Among the police force, three or four police personnel started to knock fiercely on the door of the room where the victim and his family members were sleeping and continuously shouted to open it. The victim with his family members was awakened and Mr. Ahammad Molla rashly came to the place along with the neighbours. Ms. Munjura Bibi, the wife of the victim opened the door with fear and the involved police personnel forcibly pushed Ms. Munjura Bibi to enter into the room. They started to physically assault the victim after entering into the room by using wearing boots, fists and blows. The victim’s wife tried to save her husband but she was thrashed on the ground. The perpetrator police personnel afterwards roped him tightly from behind and started to forcibly drag to their parked cars. They took him into their custody without issuing any memo of arrest.
On 12.05.2013 at 10 am, Ms. Munjura Bibi, Ms. Safirun Bibi, the mother of the victim, Mr. Chaffman Jamaddar, the neighbour of the victim and other neighbours went to Sandeshkhali police station to see the victim. The duty police officer of the said police station did not allow them to meet with him and told them to wait. After spending four and half hours to that said police station the duty police officer allowed them to meet with the victim at about 2.30 pm. The victim informed to his family members that he was brutally tortured in the police lock up by the police personnel of the said police station. On the same day at evening the involved police personnel took the victim to the Office of Sub-Divisional Police Officer, Basirhat where the victim was inhumanly tortured in the hands of Mr. Mrinal Kanti Mondal, the Circle Inspector of Police. Then he was taken back to Sandeshkhali police station and detained in police lock-up.
On 13.05.2013 at about 8.15 hours Mr. Sanjib Senapati, the Sub-Inspector of Sandeshkhali police station lodged a written complaint against the victim and the said complaint was treated as Sandeshkhali Police Station Case No. 191/2013 dated 13.05.2013 under sections 25 (I) (a) and 27 of Arms Act. On same day the victim was produced before the Additional Chief Judicial Magistrate Court, Basirhat in connection with the aforesaid criminal case after illegally detaining him in the police lock up of Sandeshkhali police station for 38 hours.
On 08.07.2013 Ms. Munjura Bibi, the wife of the victim lodged a written application on behalf of the victim before the Superintendent of Police, North 24 Parganas informing the whole incident regarding the police torture, illegal detention, custodial torture and false implication of her husband by the police personnel of Sandeshkhali and Bhangor police station. But till date no action has been taken by the Superintendent of Police, North 24 Parganas.
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]