18 April 2013
National Human Rights Commission
The Declaration on Human Rights Defenders reiterates that States have a prime responsibility to promote, protect, and implement human rights and fundamental freedoms. To this end, State has responsibility to take all necessary measures, including adopting legal guarantees, to ensure that everyone can enjoy these rights in practice, individually and in association with others. In addition to this general obligation to promote and protect human rights; State should take all necessary steps to ensure that the particular rights and freedoms of human rights defenders are effectively guaranteed further and their activities get encouraged. I am referring here an incident where police; an active arm of the state not only violated this well accepted premise of protection of human rights of a defender but infringed fundamental freedom of a human rights defender. This is not an isolated incident, rather the local police- administration- BSF- anti- socials of the area are continuously trying to create hurdles to the activities on protection and promotion of human rights. In this regard I have made complaints to you whenever such attacks were perpetrated on our activists, but till date no visible actions have been taken, which in other hand encouraged the errant. Recently, I had a discussion with the officials over the issue at your office.
I want to draw your kind attention regarding the false implication, illegal detention and physical torture committed upon Mr. Mahiruddin Seikh and Mr. Safikul Islam by the police personnel of Raninagar police station, Murshidabad. Both of them are working as a Human Rights Defenders and attached with our organization i.e. Banglar Manabadhikar Suraksha Mancha (MASUM) in Murshidabad district for a long time.
On the date of the incident they went to Raninagar police station along with Ms. Kanchan Bibi who happens to be a victim of physical torture at her in- laws house and they wanted to lodge a complaint in this regard. But the perpetrator police personnel did not agree to register the complaint. The victims were brutally assaulted by the police personnel of Raninagar Police Station while they requested them to register the complaint. After that the victim Mr. Safikul Islam was falsely implicated, illegally detained and brutally tortured in the police station by the perpetrator police personnel while they came to know that the victim is a Human Rights Defender and attached with our organization.
Mr. Mahiruddin Seikh lodged a written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad informing the whole incident of brutal torture and humiliation committed upon him in the hands of the perpetrator police personnel of Raninagar Police Station; he also stated on that application regarding the matter of illegal detention, false implication and brutal torture committed upon Mr. Safikul Islam by the police personnel of Raninagar Police Station. But till date no action has been taken by the higher authorities.
It is important here to mention that it is not the solitary incident that the human rights activists like Mr. Safikul Islam who is attached with our organization has been implicated in a false and concocted criminal case by the police in the district. Recently Mr. Gopen Chandra Sharma who is a noted human right activist and attached with our organization was also implicated in false criminal cases initiated by police. It is to be noted that our organization with active participation and work of the human rights activists attached with our organization brought numerous incidents of human rights violations cases in the district-Murshidabad to the notice of the Commission and the Commission intervened into those cases.
It is clear that the human rights activists attached with our organization are under attack in the hands of the police as police and the administration want to throttle the voice of the victims of torture and on human rights violations which are raised through the human rights activists. The higher authorities of police and administration know such conspiracy of police against the human rights activists working in the district as several complaints have been lodged before them informing them on the incidents of attack upon the human rights activists by the police but they are sitting silent on the matter.
Hence we seek your urgent intervention regarding the following matters: –
· The whole investigation should be investigated by the Commission’s own investigating agency.
· The concerned authorities in the district-Murshidabad must be directed to immediately stop harassment and attack upon the human rights activists working in the district and give them proper protection.
· Mr. Safikul Islam should be released from all false charges immediately and the perpetrator police personnel of Raninagar police station must be booked under the law immediately for their unlawful acts and must be prosecuted under the criminal law.
· The victims must be given adequate compensation and protection,so that they do not come under threat or inducement.
National Convener, PACTI
Name of the victims: – 1) Mr. Safikul Islam, son of- Mr. Majibur Raheman, by faith- Muslim, residing at Village- Char- Shibnagar, Police Station- Raninagar, District- Murshidabad, West Bengal. 2) Mr. Mahiruddin Seikh, son of- Mr. Panjatan Seikh, by faith- Muslim residing at Village- Khedurpara, Post Office- Harudanga, Police Station- Raninagar, District- Murshidabad, West Bengal.
Name of the perpetrators: – 1) Mr. Swarup Biswas (Sub-Inspector of Raninagar Police Station), 2) Mr. Ajay Paul (Sub-Inspector of Raninagar Police Station), 3) Mr. Anil Biswas (Sub-Inspector of Raninagar Police Station) 4) Mr. Abdul Kalam (Home Guard of Raninagar Police Station) of Raninagar Police Station, Murshidabad, West Bengal.
Date and time of incident: – On 28.03.2013 at about 6 pm.
Place of occurrence: – Inside Raninagar Police Station under Domkal Sub-Division, District- Murshidabad, West Bengal.
Case details: –
It is revealed during fact finding that Ms. Kanchan Bibi, the sister of the victim named Mr. Mahiruddin Seikh, spent her married life for two years and from the very beginning of her marriage her husband and other members of her in law’s house started to demand money from her paternal house. This situation became more serious when they did not get money from her paternal house and they started to torture her for that reasons.
On 25.03.2013 at 2.30 pm Mrs. Kanchan Bibi, was brutally assaulted by her husband namely Mr. Sentu Seikh, Ms. Sabiya Bewa (mother-in-law of Ms. Kanchan Bibi), Mr. Akkassh Seikh (brother-in-law of Mrs. Kanchan Bibi), Mrs. Beauty Bibi (sister-in-law of Ms. Kanchan Bibi) and Mr. Jamrul Seikh (son of Mr. Akkash Seikh and Ms. Beauty Bibi). They forcibly hit Mrs. Kanchan Bibi with some heavy weapon on her head. They wanted to try to kill her when they realized that they would not get money from her paternal house. She shouted after receiving brutal torture by them and she had to lay down on the floor with severe pain. The neighbors of Ms. Kanchan Bibi rashly came to her in law’s house to rescue her from the hands of the members of her in laws house. After that she was taken to the house of Mr. Jahadi by her neighbors and she got primary medical treatment in his house. After that the neighbors of Ms. Kanchan Bibi informed her father named Mr. Panjatan Seikh about the whole incident committed upon her by the members of her in law’s house and later the victim named Mr. Mahiruddin Seikh took his sister to his house and she was also medically treated in Raninagar Hospital after that.
On 28.03.2013 at 4 pm, the victim Mr. Mahiruddin Seikh and Mr. Safikul Islam who known as social activists in the locality went to Raninagar police station along with his sister Ms. Kanchan Bibi to lodge a written complaint regarding the brutal torture committed upon his sister by her husband and other members of her in law’s house. But they waited in the police station for over 2 hours but the police personal showed no mood to lodge a complaint. After that the victims along with Ms. Kanchan Bibi requested Mr. Swarup Biswas, the Sub-Inspector of Police of the said police station, to lodge a complaint after spending 2 hours over there but he started to harass them by saying that they could not lodge a complaint on the basis of that written application as they did not mention proper details to make the application as complaint. After that the victims and Mrs. Kanchan Bibi tried to convince the perpetrator police personal and told that they could show all documents which he wanted to register a complaint. Then the perpetrator police personal ordered the victims to furnish the certificate in connection with the marriage of Ms. Kanchan Bibi. But even after furnishing documents, the perpetrator police personal refused to lodge a complaint. The perpetrator police personal told them to change the complaint as per their demand and if they could to do that then he could lodge complaint on basis of that. After that the victims told the perpetrator police personal that they have sufficient document to lodge a complaint but the perpetrator police personal did not agree with them. The victims after that request the police personal to return the application on which basis they tried to lodge a complaint against the members of Ms. Kanchan Bibi‘s in law’s house. But the perpetrator police personal did not agree to return the complaint to them. Later the victim Mr. Mahiruddin Seikh tried to protest against such illicit behavior of police upon them and told that he did not know the reasons about such harassment upon his sister by the perpetrator police personal after knowing that his sister was going on severe pain due to the brutal torture committed upon her by the members of her in law’s house. The perpetrator police personal started to use abusive words to them and ordered Mr. Abdul Kalam to drive out the victims from the police station. Mean while the victim Mr. Safikul Islam prevented Mr. Abdul Kalam and requested him not to do that to him while the perpetrator police personal caught hold the victim Mr. Mahiruddin Seikh’s neck and drove out from the police station. After that the perpetrator police personnel outburst with anger and started to brutally assault the victims i.e. Mr. Mahiruddin Seikh and Mr. Safikul Islam by saying that they would teach him a proper lesson to them so that they could not able to do work with MASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization) again and also stated that they would teach all of them who have an involvement withMASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization). After that the victims were forcibly driven out by the perpetrator police personnel from the said police station after they got brutal physical torture and humiliation by the perpetrator police personnel. Mean while Mrs. Mamta Begam (informer of police personnel) and Mr. Amzad Husen (informer of police personnel) suddenly came to the said police station while the victims were moving out from the said police station towards their house. They provoked the perpetrator police personnel mentioning Mr. Safikul Islam and told that the victim has connection with every commotions throughout whole Char Area as well as he wanted to spread terror throughout the whole Char Area by using the name ofMASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization) and they also said that the victim has an involvement with those persons who always tried to make conspiracy against the police personnel. The victim always intimated the people at Char Area against the government. Mr. Anil Biswas and other perpetrator police personnel namely Mr. Abdul Kalam and Mr. Ajay Paul rashly run towards the victims after listening to all this from their informers. They caught the victim Mr. Safikul Islam’s shirt from behind. He was brutally assaulted by the perpetrator police personnel of Raninagar police station while the perpetrator police personnel started to forcibly drag him to the same police station and illegally detained him in the same police lock up without giving him any explanation regarding the illegal detention after that. He was illegally detained in the police lock up of Raninagar police station for several hours. After that the perpetrator police personal Mr. Abdul Kalam took the victim to Ghodhonpara Health Centre for medical treatment and the victim got preliminary medical treatment in the said Health Centre by Dr. Tanmay Sarkar. After that the perpetrator police personal Mr. Swarup Biswas willfully influenced Dr. Rama Prasad Majumder (Medical Health officer of Ghodhonpara Health Centre) and requested him not to furnish those type of prescription which proved that the victim was tortured by them and also requested him to admit Mr. Abdul Kalam to his health centre so that they could prove that Mr. Abdul Kalam was brutally tortured in the hands of the victim and they could falsely implicate the victim in a criminal charge. After that Mr. Abul Kalam lodged a written complaint before the Officer-In-Charge of Raninagar Police Station informing that the victim came to Raninagar police station to lodge a complaint regarding the torture committed upon Ms. Kanchan Bibi and mean while suddenly a controversy was started between the victim and Mr. Abdul Kalam regarding that matter. After that suddenly the victim started to assault him without any reasons. He was seriously injured by the assault. After that a First Information Report was lodged on the basis of that complainy by the perpetrator police personnel and the victim was implicated vide Raninagar Police Station Case No- 212/2013 dated 28.03.2013 under sections 186/353/333/307 of Indian Penal Code. On 29.03.2013, the victim named Mr. Safikul Islam was produced before in the court of Additional Chief Judicial Magistrate, Lalbagh but the court rejected his bail application.
On the same day, another victim named Mr. Mahiruddin Seikh was medically treated by Dr. Nishir Kumar Sarkar. On 01.04.2013, he lodged a written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad informing the whole incident of brutal torture and humiliation committed upon him in the hands of the perpetrator police personnel of Raninagar Police Station as well as he also stated on that application regarding the matter of illegal detention, false implication and brutal torture committed upon Mr. Safikul Islam by the perpetrator police personnel of Raninagar Police Station. But till date no action has been taken by the higher authorities. On 06.04.2013, the victim Mr. Safikul Islam was produced in the court again and the court released the victim on the basis of allowing his bail application.
Safikul, HRD attached to MASUM
COMPLAINT SUBMITTED TO SP ON 8.4.2013
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