From: Kirity Roy <email@example.com>
Date: Thu, Jul 5, 2012 at 6:46 PM
Subject: Is husband (police officer) can torture his wife with immunity ??
Cc: Chief Minister West Bengal <firstname.lastname@example.org>, Chief Secretary Gov of WB <email@example.com>, Secretary Home Dept Gov of WB <firstname.lastname@example.org>, DM Murshidabad <email@example.com>
5th July 2012
West Bengal Human Rights Commission
Kolkata – 27
We lodge this present complaint based on the victim's statement and our fact finding report that the victim Ms. Sharmistha Samanta @ Chatterjee, wife of Mr. Sushanta Samanta, aged about-32 years, residing at Gopjan, Radharghat(Godamer Math), Police Station-Berhampore, District-Murshidabad, West Bengal is victim of torture and cruelty in the hands of her husband Mr. Sushanta Samanta and other in-laws family members over demand of dowry. The husband of the victim is a police officer and he is now reportedly posted at Belpahari Police Station, West Midnapur district.
The facts emerged during the fact finding that allegedly on 15.12.2011 the husband of the victim along with some persons jointly assaulted the victim. As a result of the assault she sustained severe injuries. The victim over the said incident lodged written complaint against her husband and the other culprits at Berhampore Police Station and the police registered one FIR (First Information Report) being Berhampore Police Station Case no. 352/2012 dated 24.3.2012 under sections 498A/ 325/ 307/ 448/ 506/ 34 of Indian Penal Code and under section 3 & 4 of the Dowry Prohibition Act. The police discharged its duty by only registering the said criminal case and did nothing in the name of the investigation. The Investigating Officer (I.O.) of the case did not take any statement from the victim till date. He even did not collect the medical history reports till date. The victim already came to know that the Investigation Officer is a friend of her husband. The victim several times requested the Investigation Officer to conduct the investigation of the case properly and take legal action against the accused persons who are roaming freely, but he did not pay any heed.
The victim strongly believes that the Investigation Officer of the case in connivance with her husband is trying to ruin the process of investigation and he has no intention to collect the evidences and record the statements of witnesses. The victim strongly apprehends from the conduct of the Investigation Officer that she will get no justice if the said Investigation Officer continues to handle the investigation.
The victim is presently residing in the property at the above mentioned address which is jointly owned by her and her husband. The victim lives there with her two minor daughters. The life of the victim and her children is not safe there and her husband several times issued threats to her thereby asking her to vacate the said property immediately. Even the husband of the victim instigated some local people in his favour to spread rumors in the locality that she was a lady of questionable character. The victim sought protection from local police station by lodging written complaint but the police did not provide any protection to her till date.
The victim already lodged one written complaint before the Superintendent of Police, Murshidabad on 2nd May 2012 for effective investigation of the criminal case i.e. Berhampore Police Station Case no. 352/2012 dated 24.3.2012 and also for removal of the present Investigation Officer from the abovementioned criminal case on the ground of his misconduct, but till date there is no response from the Superintendent of Police, Murshidabad.
The victim is a helpless lady and more prone to vulnerability considering the fact that she is victim of unresponsive attitude of a section of police personnel as mentioned above being perpetrators in this case. The position of the husband of the victim being a police officer is influential in this case in the conduct of the police officers as mentioned above who are not inclined to discharge their lawful duty towards ventilating the grievances of the victim. The present matter is a sheer violation of the victim's right to have equality before the law and equal protection before the law. Also the rights of the victim being a woman to have adequate protection and to live with dignity with her children is under peril in the hands of the perpetrator police personnel.
Hence we demand that the whole matter must be neutrally probed into and the guilty police officers being perpetrators in this complaint must be punished accordingly for their willful and deliberate misconduct and omission to discharge lawful duty. We also demand that the concerned authority must be directed to provide adequate protection for the victim and her children. We further demand that the investigation of the criminal case i.e. Berhampore Police Station Case no. 352/2012 dated 24.3.2012 must be handed over to a competent police officer.
Your kind intervention in this matter would be highly solicited.
National Convener, PACTI
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 : firstname.lastname@example.org