From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, Dec 1, 2011 at 12:03 PM
Subject: Santhal youth illegally detained for 170 hours in police custody
To: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, NHRC <covdnhrc@nic.in>
30 November 2011
The Hon'ble Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi – 1
Respected Sir,
We have conducted fact finding upon information received that a resident named Mr.Gautam Tudu of Laxmanpur village in Jhargram, in the district of West Midnapur, in the state of West Bengal was illegally detained by the involved police personnel of Jhargram police station and the involved jawans of the Joint Force operating in Jhargram. The victim was arrested without any 'memo of arrest' on 18.10.11 and was produced in court only on 24.10.11. The involved policemen did not even inform his family members of his arrest. The victim was implicated in a criminal case by the police of Binpur police station. From the details of the FIR report it is amply clear that the policemen are trying to relate the victim to Maoist activism, by implicating him in an old pending criminal case. Our attached fact finding report gives details of the case.
Hence we strongly condemn the incident of illegal detention by the police forces on an innocent villager. This is not an isolated incident of illegal detention by involved policemen and involved jawans of the Joint Force. Incidents like these are quite rampant and are multiplying in this part of West Bengal.
In this case the rights of the victim guaranteed under Article 22 of the Constitution of India were willfully and deliberately violated by the perpetrators. Though, the victim was arrested on18.10.11, he was not produced before any magistrate till 24.10.11 which is a violation of section 57 of Criminal Procedure Code and Article 22(1) of the Constitution of India. He was arrested without issuing any 'memo of arrest' at the place of arrest, which violates DK Basu guidelines (AIR 1997 SC 610) on arrest.
Hence we seek your urgent intervention in this matter in the following manner:-
· The perpetrators must immediately be booked under the law for violating human rights of the victim
· The whole matter must be investigated by a independent investigating agency appointed by the commission
· The charges labeled against the victim are very much serious. So care must be taken so that innocents are not be victimized.
· The perpetrators must also be prosecuted in open court of law for allegedly subjecting the victim to torture both mentally and physically while keeping him under illegal detention.
Sincerely yours
Kirity Roy
Secretary, MASUM
National Convenor, PACTI
Name of the victim-Mr. Gautam Tudu, son of Mr.Surendranath Tudu, a resident of Laxmanpur village, P0-Korkora,Police Station-Binpur, in Jhargram, in the district of West Midnapur, West Bengal, India.
.
Perpetrators- The involved police personnel of Jhargram police station and the involved jawans of the Joint Force operating in Jhargram.
Date and time of the incident-On 18.10.11 at around 12 noon
Place of incident-In Jhargram, at Dr. Sanjay Nandi's nursing home.
Case Details- On 18.10.11 at around 11am, Mr.Gautam Tudu, went to meet his wife in Dr. Nandy's nursing home who was admitted there. The police personnel from Jhargram police station along with the involved jawans of the Joint Force came to Dr.Sanjoy Nandi's nursing home and arrested Mr.Gautam Tudu at around 12 noon. . The police arrested him without issuing any 'memo of arrest' and did not disclose any reason of arresting him. They did not even inform any of his family members of his arrest. Later, people at the nursing home informed Mr.Gautam Tudu's family about his arrest and asked his family members to contact the police of Jhargram police station. Mr.Surendra Tudu who is the father of Mr.Gautam Tudu went to the Jhargram police station, on 18.10.11 in the evening. The police told him that they don't know his son or his son's whereabouts. On 19.10.11, in the morning time, Mr.Surendra Tudu again went to the police station. But the police almost threw him out of the police station. Then, Mr.Surendra Tudu lodged a complaint to Sub Divisional Officer (SDO), Jhargram, on 19 October 2011 about the illegal detention of his son from 19.10.11. The police produced Mr.Gautam Tudu in court at around 2pm on 24.10.11, after detaining him in custody for 170 hours. None of his family members could meet him nor any advocate was allowed, while he was kept in the police station.
The victim was implicated in a criminal case initiated by the police in Binpur police station vide case no-81 of 2011 dated 14.9.11 under sections 447/286/120B of Indian Penal Code and under section 3 & 4 of Explosive Substances Act. It appears from the particulars of the First Information Report that it was primarily initiated against 'unknown miscreants' and the said FIR allegedly involve some Maoist activism. Therefore the intention of the police of Binpur police station is clear that the police are trying to relate the victim to Maoist activism by implicating him in an old pending criminal case as stated above.
From: Kirity Roy <kirityroy@gmail.com>
Date: 30 November 2011 18:31
Subject: Santhal youth illegally detained for 170 hours in police custody
To: NHRC <covdnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in>
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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