15 January 2015
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
I lodge this present complaint where on the date of the incident the victims came under attack in the hands of some alleged culprits in their house. On the same day one of the victims Ms. Merina Bibi went to Raninagar Police Station to lodge written complaint against the culprits but the police refused to accept her complaint and the police under the influence of a political party arrested her without showing any reason and she was kept in police custody. She was abused and tortured under detention in police custody by the perpetrator police personnel. On the next day she was produced in court after implicating her in an alleged false and criminal case. Her husband sent written complaint to the Superintendent of Police, Murshidabad describing whole incident and in the complaint he demanded for suitable legal action against the perpetrator police personnel, but till date he received no response against his complaint. Our attached fact finding report gives details of the incident.
The perpetrator police personnel violated the following by their alleged illegal acts:-
· The perpetrator police personnel violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials.
· The perpetrator police personnel violated Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights)
· The perpetrator police personnel violated Article 21 of the Constitution of India.
· The perpetrator police personnel are accused of violating ‘Human Rights’ of the victim as defined under section 2(d) of the Protection of Human Rights Act, 1993
Hence I seek your urgent intervention in this present case with following demands:-
· The whole matter must be inquired into by one independent enquiring authority.
· The perpetrator police personnel must be booked under the law for their alleged illegal acts which amount to punishable offences and they must be punished for the same in accordance with the law.
· The victims must be provided with adequate protection and compensation.
· The victims must be relieved from all false criminal charges.
National Convener, PACTI
Name of the victims: – (1) Ms. Merina Bibi, wife of Mr. Kajal Mondal, aged about-30 years; (2) Ms. Tanvi Akhtara daughter of Mr. Kajal Mondal, aged about- 02 years, (3) Mr. Kajal Mondal son of Mr. Giasuddin Mondal aged about 35 years, all residing at village- K.M. Para, Post Office – K.M. Para, Police Station- Raninagar, District-Murshidabad, West Bengal.
Name of the perpetrators: – (1) The Officer – in – Charge of Raninagar Police Station and Mr. Surojit Thakur, the Sub-Inspector of Police of Raninagar Police Station.
(3) Mr. Furkin Seikh, son of Mr. Mohabali Mondal (4) Mr. Mashidul Haque son of Mr. Ajijul haque all residing at village- K.M. Para, Post Office – K.M. Para, Police Station- Raninagar, District-Murshidabad.
Date and time of incident: – On 24.12.2014 at about 8 am and subsequent thereafter.
Place of incident: At the newly built house of the victim Mr. Kajal Mondal and also at Raninagar Police Station.
Fact Finding Details:-
It is revealed during the fact finding that the victim Ms. Merina Bibi and Mr. Kajal Mondal used to live in an old house and recently they have built a new house and on 24.12.2014 Ms. Merina Bibi and her daughter of 2 years were going to their new house for an entrance ceremony along with some utensils and some other articles. On the way near to the new house few persons namely Mr. Furkin Seikh, son of Mr. Mohabali Mondal, Mr. Mashidul Haque son of Mr. Ajijul Mondal, Ms. Sahera Bibi wife of Mr. Ajijul Mondal attacked her and daughter and they started to beat her daughter with the intension to kill. Ms. Merina Bibi tried to save her daughter. Then the aforesaid persons attacked her and she went inside her home to save herself and her daughter. Mr. Ajijul Mondal also went inside the house and started beating Ms. Merina Bibi. She in self defense attacked them with a stick lying nearby to save herself and her daughter. Then Mr. Masidul Haque went inside and started molesting her. They caught hold of her hair and her head was banged on a wall repeatedly.
When Mr. Kajal Mondal heard about the incident of attack upon his wife and child, he ran to the place of incident but upon arriving there he fell under attack by the aforesaid culprits. In the mean time the neighbours gathered in the place of incident and due to their intervention the situation was pacified.
When the victim Ms. Merina Bibi went to Raninagar Police Station to lodge her complaint she was not at all entertained but she was made to wait for a long time. At that time some members of a political party came to the police station to influence the police that the complaint of Merina Bibi was false and it was not at all required to be registered. Then the written complaint of Ms. Merina Bibi was torn into pieces by the police of the said police station and she was arrested without citing any reason. During detention in police custody she was abused with obscene words and gestures by Mr. Surojit Thakur, Sub Inspector Raninagar Police Station and Officer – in – Charge, Raninagar Police Station. She was neither provided any food nor medical treatment. Even her family members were not allowed to meet with her while she was in detention.
On 25.12.2014 She was produced in the Court of Additional Chief Judicial Magistrate, Lalbagh implicating her into an alleged false and concocted criminal case vide Raninagar Police Station Case No. 548/2014 dated 24.12.2014 under sections 326/328/308/34 of Indian Penal Code. The victim was released on bail on 6.1.2015. On 25.12.2014 the victim’s husband sent written complaint through registered post describing the aforesaid incident before the Superintendent of Police, Murshidabad but till date there is no action on the said complaint.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)