30 October 2013
National Human Rights Commission
Manav Adhikar Bhawan
Block- C, GPO Complex, INA
New Delhi- 110023
Here I am informing you about an incident of illegal arrest, detention, custodial torture of a person from socio- economically marginalised section. The case detail is self explanatory in nature. The person was falsely taken into custody, illegally arrested, and during his custody physically tortured. Lastly, he was released abruptly by the police without any charge. But he was threatened and warned for not revealing the incident.
One of his companion make a written court complaint before the Court of ACJM and the said magistrate asked the victim to initiate a specific criminal case against the erring police.
In this regard I want to demand for:-
- An independent investigation over the incident
- Immediate action against the erring police personnel
- Initiation of specific criminal case with appropriate sections against the erring police
- Adequate protection and safety for the victim and witnesses
- Adequate financial compensation for the victim
National Convener- PACTI
Name of the victim: – Mr. Humayun Sarkar, son of late Marfatullah Sarkar, aged about 59 years, resides at Village- Ramnagar – Nayansukhpur , Post Office – Jinnatpara, Police Station- Raninagar , District- Murshidabad, Pin code- 742308
Name of the perpetrators- 1. Mr. Sumit Talukdar (Officer in Charge of Raninagar police station) 2. Mr. Anil Biswas (Assistant Sub Inspector of Raninagar police station) and 5 constables of Raninagar Police station.
Date and Time of the Incident: – On 5th October 2013 at around 4 pm.
Place of the Occurrence: – D.N Club More, Raninagar PWD Road under Raninagar Police station, District- Murshidabad
Case Details: – Mr. Humayun Sarkar is a person from socio- economically marginalised section. He was appointed as beneficiary worker for “Nibir Ban Srijan” project of Government of West Bengal, since 1990. He was assigned for beautification of the PWD Road in Ramnagar area by planting various trees and maintaining them. He was dedicated to his job. During his official assignment, he noticed that some people regularly felling the planted trees from that area for illegal purposes. Mr. Sarkar made consequent complaints to the higher authority about this illegal acts but nobody took any steps to prevent that.
On 5th October 2013, at around 2 pm, Mr. Sarkar saw that some people were felling the trees from that area. At that time Mr. Sarkar tried to prevent them but he failed to do that. One of the members of local “Panchayet”, Mrs. Manjura Bibi and her husband; Mr. Isha Seikh had previous dispute with Mr. Sarkar and to take revenge against Mr. Sarkar, they contacted the Raninagar Police station and made a false complain of involvement in felling and stealing of wood products against Mr. Sarkar. After some time, Mr. Anil Biswas, Assistant Sub Inspectos of Raninagar Police station with 5 constables of said police station reached to that place in a white coloured Police vehicle and forcibly dragged Mr. Sarkar to that car. Those perpetrator police personnel took the victim to Raninagar police station and kept him in lock up. On the next day police did not send him to the court, he was detained for more than 24 hours. One of his companions; Mr. Ajahar Mollah made a written complaint to Lalbagh Additional Chief Judicial Magistrate’s court and inform the whole incident happened to the victim. Mr. Sarkar was detained till 7th October 2013 in Raninagar police custody and in between he was physically tortured. On that day; 7th October, he was abruptly released from the police station without framing any charge against him. Though, the police threatened him and warned him not to reveal the happenings, otherwise he will face the consequence.
On 8th October 2013 Mr. Humayun Sarkar made a statement before the Magistrate at Lalbagh ACJM Court. The said court asked him to lodge a specific criminal case against the erring police personnel. On the same day Mr. Sarkar visited Lalbagh Sub-Divisional Hospital for his treatment. On 9th October 2013 Mr. Sarkar lodged a written complaint to the District Magistrate and Superintendent of Police of Murshidabad. According to Section 19 & 20 of Police Regulation of Bengal, 1943, the District Magistrate have power to take steps against the erring police officer.