Fwd: On the pretext of ‘Maoist’ violence, is police of West Bengal can be permitted to act illegally

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Sat, Jan 14, 2012 at 6:54 PM
Subject: On the pretext of 'Maoist' violence, is police of West Bengal can be permitted to act illegally
To: NHRC <covdnhrc@nic.in>, "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>, dm-mid-wb@nic.in

14 January 2012

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi - 1

 

Respected Sir,

 

I am forced to make another  complaint before your Commission regarding the extra- Constitutional and illegal acts perpetrated by the police personnel attached with Jhargram police station of West Midnapur district of West Bengal. You are well aware of the volatile situation prevailing at the area due to political unrest. I made similar complaints to your good office with a request to restrain the police force and joint forces to act according the law and rule. In previous occasions I brought into your notice on unbridled illegal arrests and detentions by local police and joint forces in West Midnapur district. The police administration is trying to justify these unconstitutional and illegal acts on the pretext of 'Maoist' violence. Making ridicule to the Constitutional guarantees and other safeguards in criminal procedure code (Cr. P.C). Constitution of India clearly stated in Article 22(2) that 'person arrested or detained in custody should be produced before the nearest Magistrate within 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate, and that no such person should be detained beyond such period without the authority of the Magistrate'.

 

Throughout this geographical area, the local police with joint forces are terrorizing the poor and marginalized. Commoners are being identified and fabricated with false criminal charges by the police according to their whims. The sections of populace who participated against police atrocities under the aegis of 'Committee Against Police Atrocities' are being identified and fabricated with false criminal charges.  The situation became grimmer while police failed to provide security to the citizenry in one hand and in other snatching their Constitutional guarantees and legal rights. Not preparing arrest memo at the place of arrest, not obtaining signatures of family member or respectable persons of the area as a witness at the memo of arrest, not making true inspection memo, not producing accused before a magistrate within 24 hours of arrest, concocting persons in false cases by large numbers where they are not FIR named accused and depriving information about arrest to family members are few illegal and extra- constitutional acts of police force occurring without any check at the said area. 

 

I am providing you the detail account of the incident herewith for appropriate action on your part.

 

In this regard I demand:-

 

• An independent investigation over the illegal detention of Mr.Manmatha Mahato
• Adequate compensation for Mr. Manmatha Mahato
• Initiation of specific criminal case with precise penal provisions against the police and joint force personnel for their involvement in illegal detention and fabrication of official documents (arrest memo)
• Thorough inquiry on widespread violation of constitutional and legal provisions by the police and joint forces posted at the area

 

 

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

 

 

Case Detail

 

Mr. Manmatha Mahato, son of Mr. Prafulla Mahato, aged about 20 years, resident of village- Barbari, Post Office- Bodhna, Police Station- Jhargram of West Midnapur district of West Bengal, is a small farmer sustaining his family by agrarian work on his small piece of land and also in others land as agrarian labour. Other members of his family also work in their land. On 19.12.2011 at about 2.00 pm, police personnel of Jhargram police station with joint force personnel were in search operation for 'Maoist' activists came to Barbari village and in that course found Manmatha at his home, they questioned him about his identity and then arrested Manmatha from his house and forcibly took him supposedly to Jhargram police station by police vehicle. Manmatha Mahato was involved with activities of 'Committee against Police Atrocities' for last 2 years.

 

On 20.12.2011, Mr. Prafulla Mahato; father of Manmatha went to Jhargram police station and made queries about his son, but the police personnel present at the police station refused to divulge any information to hapless father. He also visited Additional Chief Judicial Magistrate's court at Jhargram but that also in vain. He made a written complaint to the Sub Divisional Officer (SDO) of Jhargram on 20.12.2011 and it was duly received by SDO's office. In his complaint to SDO, Prafulla Mahato lamented about the illegal detention and queried about the whereabouts of his son. It was clear from his complaint that he was under agony as he has no information about the place of his son's detention. He also complained about forcibly grabbing of their motorcycle from their home.

 

Though, the father of Manmatha made a complaint about illegal detention of his son on 20.12.2011, Manmatha has been produced before the Additional Chief Judicial Magistrate- Jhargram' s court on 22.12.2011 only. The time and date of arrest has been fabricated in arrest memo and it has shown the arrest on 21.12.2011 at about 16.15 hours. Most heinously, the arresting party (police) in the column number 10 of arrest memo where signature of witness must be obtained; marked it as 'Denied'. Manmatha was produced to Additional Chief Judicial Magistrate's court in connection with Jhargram PS Case No. 255/10 dated 23.8.2010 under sections 147/148/149/448/325/326/379/427/307/406 of Indian Penal Code.

--
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