19 February 2014
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
We lodged this present complaint in the matter of alleged brutal murder of the victim Rajib Molla in the custody of Raninagar Police Station. The victim was allegedly subjected to brutal custodial torture at raninagar Police Station by the perpetrator police personnel. Before that he arrested from his house illegally and arbitrarily. Neither the victim nor his family members were informed about the grounds of his arrest. The victim’s wife lodged written complaint before the Superintendent of Police, Murshidabad seeking his intervention and appropriate legal action against the perpetrator police personnel but till date no action was taken. Our attached fact finding report gives the details of whole incident. The victim died in police custody but no enquiry by any judicial magistrate was conducted till date in compliance with the provision of Section 176(1-A) of the Criminal Procedure Code; though after receiving information of unnatural death in custody of Raninagar police station one urgent sms message were sent to mobile phone Nos. of District Magistrate, Murshidabad, Sub Divisional Officer, Domkal, Block Development Officer, Raninagar ll Block, Superintendent of Police, Murshidabad and to other stakeholders at 11.19pm on 15.2.2014 Saturday narrating the name address of victim, name of arresting police, time of arrest and demanded Inquest by Judicial Magistrate as per law & investigation by C.I.D. – but the authorities concerned preferred to disobey the laws of the land.
In this regards, the police personnel violated some laws as follows: –
- · They violated Sections 50, 50(A) and 55 A 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 Article 1, 2, 3, 5 and 6 of UN Code of Conduct for Law Enforcement Officials.
- · UN principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions were also violated by the alleged acts of the perpetrator police personnel.
- · The Superintendent of Police, Murshidabad also violated Section 166A for not taking any action of the complaint of the wife of the victim.
Hence, we seek your urgent intervention regarding the following matters: –
- · The whole matter must be investigated immediately by one neutral investigating agency
- · The perpetrator police personnel must be booked under law by treating the complaint of the wife of the victim filed before the Superintendent of Police, Murshidabad as a First Information report against the perpetrator police personnel for committing murder of the victim in custody and they must be punished accordingly.
- · The inaction of the Superintendent of Police, Murshidabad must be booked under the law and he must face prosecution for willful omission to discharge his lawful duty.
- · The unnatural death case registered at Raninagar Police Station in the matter of the victim must be handed over to one neutral investigating agency and
- · One inquiry by one judicial magistrate must be directed to be held immediately in compliance of Section 176(1-A) of Criminal Procedure Code.
- · Adequate compensation must be provided to the deceased’s family
National Convener, PACTI
Name of the victim: – Rajib Molla (deceased), son of- late Rastan Molla, aged about- 25 years, by faith- Muslim, residing at Village- Ghoshpara, Post Office- Rajapur, Police Station- Raninagar, District- Murshidabad, West Bengal, India.
Name of the perpetrators: – 1) Mr. Biplab Karmakar (the Office-in-Charge of Raninagar Police Station); 2) Mr. Swarup Biswas (the Sub-Inspector of Raninagar Police Station); 3) Mr. Sirajul Salehin (the Assistant Sub-Inspector of Raninagar Police Station); 4) Mr. Anil Biswas (the Assistant Sub-Inspector of Raninagar Police Station); 5) other 4/5 involved constables of Raninagar Police Station; and 6) other 4/5 involved civic police of Raninagar Police Station under Domkal Sub-Division, District- Murshidabad.
Date and time of incident: – On 15.02.2014 at 8 am.
Place of Incident: – Inside Raninagar Police Station.
Case details: –
It was revealed during fact finding that the family members of the deceased consisted of wife Ms. Reba Bewa, mother Ms. Manjura Bewa and two minor children namely Mr. Rakib Molla (son) and Ms. Bristi Molla (daughter). The deceased was as a daily laborer and sometimes he went to outside for job due to poor monetary situation of his family.
Mr. Mabul Molla; the uncle of the victim informed our fact finding team that that the deceased was a person with co-operative nature who always raised his voice against any unjustifiable activities in his locality. The victim used to give the information of any unjustifiable activities in his locality to the police of Raninagar police station. It is reported that over an incident the relationship between the police of Raninagar Police Station and the victim became strained.
Under such circumstances on 15.02.2014 at about 8 am, Mr. Sirajul Salehin; the Assistant Sub-Inspector of Raninagar Police Station and other four or five police constables of Raninagar Police Station and 4/5 civic police personnel of Raninagar Police Station came to the victim’s house in a white colour police vehicle (vehicle no. WB 24 K 7678) and entered into his house without taking any lady police constable and informed him that they came to arrest him on the strength of a warrant of arrest. But no warrant of arrest was showed to him. The perpetrator police personnel took him into their custody without issuing any memo of arrest and forcibly dragged him to put him into the police car. The family members of the victim repeatedly asked the police personnel to disclose the reason of his arrest but the police personnel did not disclose any reason.
Mr. Abdur Rajjak Molla being the Ex- member of local Gram Panchayet witnessed that the police personnel continuously slapped on the victim’s face by abusing him with filthy languages while they were dragged him to the police car. Then the police personnel took him to Raninagar police station and detained him into the police lock up. Later he was put into a closed room and Mr. Swarup Biswas (the Sub-Inspector of Raninagar Police Station) and Mr. Sirajul Salehin (the Assistant Sub-Inspector of Raninagar Police Station) started to beat him black and blue by pressurizing him to give confession. Mr. Biplab Karmakar the Officer-in-Charge of the said police station also repeatedly slapped him on his face. Meanwhile, Mr. Swarup Biswas forcibly kicked on his private part and as a result his testicles were ruptured. The victim became senseless and the police personnel tied his neck with a rope and hanged him from the ceiling of the police lock up. The one doctor from Godhonpara Primary Health Centre near to the police station was called up. It was also reported that one unknown doctor of that said primary health centre came to the said police station to medically examine the victim and advised to transfer the victim to Berhampur New General Hospital. One doctor of the said hospital declared that the victim was brought dead. Therefore it is revealed during the fact finding that the perpetrator police personnel made attempt to show the murder of the victim as a suicide.
It was alleged by Ms. Reba Bibi; the wife of the victim that she was informed by her neighbors that the police personnel was torturing her husband in the police station. She immediately went to the said police station with her few relatives and neighbors to see her husband. After reaching to the police station she heard that her husband was shouting in pain due to torture by the police personnel. She requested the police personnel to allow her to enter inside the police station to meet her husband. But she was not allowed and the police personnel ordered them to leave. Ms. Reba Bibi informed our fact finding team that at about at midnight the police of Raninagar Police Station informed her uncle Mr. Mainuddin Seikh that the victim expired in the police lock up. She went to the police station but could not see her husband and she was informed that her husband was shifted to Berhampore New General Hospital.
The police of Raninagar Police Station registered one unnatural death case vide Raninagar Police Station U.D. Case no. 116/2014 dated 15.2.2014. The Post Mortem examination of the victim was done at Berhampore Police Morgue on 16.2.2014. The inquest on the body of the victim was done by an Executive Magistrate; Sub-Divisional Officer of Berhampore. After post mortem examination the dead body of the deceased was handed over to his uncle Mr. Mabul Molla.
On 16.02.2014, Ms. Reba Bibi, wife of the victim, lodged a written complaint before the Superintendent of Police, Murshidabad informing the whole incident of murder of her husband in the custody of the perpetrator police personnel at Raninagar Police Station and demanded urgent action against the perpetrator police personnel, but till date, no action has been taken.
On 17.02.2014 at noon, our fact finding team meet with Doctor Ramakanta Majumder; the doctor of Godhonpara Primary Health Centre and asked him whether the victim was admitted to that hospital and also asked him to disclose the time of that admission. He replied on 15.02.2014 at about 8 pm at Raninagar Police Station they examined one body which was senseless and motionless. But they did not have opportunity to examine that body properly. So they referred the body to Berhampur New General Hospital. Doctor Sahanwaz was referred that body in the presence of them and the above-mentioned perpetrator police personnel.
The family of the victim could impart any information as to reason of the victim’s arrest by the perpetrator police personnel of Raninagar Police Station as they had no knowledge. On 17.02.2014, our fact finding team called Mr. Biplab Karmakar; the officer-in-charge on his personal number (9732766588) and asked him to disclose in connection with which criminal case the victim was arrested but he refused to give any information.
After Post mortem examination
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]