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Kirity Roy<> / Mon, Oct 12, 2015 at 9:48 PM
To:
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DM North 24 Pgs <>, "" <>, SdoBasirhat <>, Secretary Home Dept Gov of WB <>, Secretary to Governor <>, , OHCHR <>, "UN SR Torture Asstt Ms. Stephanie Selg" <>
To
The Acting Chairman
National Human Rights Commission
ManavAdhikarBhawan, Block-C, GPO Complex, INA, New Delhi – 11002312 October, 2015
- District Magistrate, North 24 Parganas – Ref No. MASUM/DM/24 PGS(N)/405/4147/15
- Superintendent of Police, North 24 parganas -- Ref No. MASUM/SP/24 PGS(N)/405/4148/15
Respected Sir,
I want to draw your attention over anincident of illegal arrest, detention and custodial violence upon the victimsat Hingalganj Police Station, denial of meeting with family members at the police station.
Due to heavy flood, agricultural crops were washed away at Hingalganj block. Subsequently, compensation was sanctioned for the affected farmers. On 26/09/2015 farmers from Kalitala village under said block assembled in front of Agricultural Development Office in order to collect compensation. Civic police personnel headed by Mr. ChintamoniNasker,Sub-Inspector of Hingalganj Police Stationwere deployed to manage the queue. Suddenly, one civic police personal pushedseptuagenarian Mr. MrinalMondal and he fell down on the groundbeing unable to bear the push. Mr. GopalMondal (son of the old man) protested the humiliation of his father. Then Mr. MrinalMondal was beaten by the police party. Another farmer, Mr. SankarBiswas was also beaten ruthlessly when he tried to save his neighbor and friend Mr. GopalMondal from police aggression. Later, Mr. Mondal and Mr. Biswas were forcibly taken to Hingalganj Police Station.They were stripped naked inside the police lockup. They were also subjected to inhumane torture in police lockup from11.30 a.m. to 6 p.m.Their hips were severely injured. As a result of severe beating, Mr. SankarBiswas sustained injuries on his eyes.
All these happened with the victims in presence of Officer-in-Charge of Hingalganj police station. The victims already brought the incident in writing before theSub-Divisional Police Officer, Basirhatbut as usual no action has been taken till date against the perpetrator police personnel.This incident of savage brutality and procedural violation by the law enforcing agency is not only against the domestic legalities rather in contravention of international obligation and in confirmation of long cherished civil society demand for immediate ratification of United Nations Convention against Torture by the Indian State and subsequent domestic legislation on torture.
The perpetrator police personnel violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials. They also violated Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights), Article 21 of the Constitution of India. During the arrest, the police personnel violated the mandatory guidelines and relevant sections of Criminal Procedure Code regarding rightful arrest.
I am appending a detail of the incident for your easy reference and demand for:-
- The whole incident must be investigated immediately by one neutral investigating agency
- The perpetrator police personnel of Hingalganj Police Station must be booked under law
- The role ofSub-Divisional Police Officer, Basirhatmust be investigated as he failed to take any action against the perpetrator police personnel of Hingalganj Police Station in spite of receiving complaint from the victims
- The victims must be provided adequate compensation
- The victims and their families should be provided protection so that they can not come under threat or inducement
Thanking you
Yours truly
(KirityRoy)
Secretary, MASUM &
National Convener, PACTI
***********************
Names of the victims: 1) Mr. GopalMondal, son of Mr.MrinalMondal, aged 38 years, by faith- Hindu, by occupation- agrarian labourer, 2) Mr. SankarBiswas, son of late KalipadaBiswas, aged 40 years, by faith- Hindu, by occupation- agrarian labourer, 3) MrinalMondal, aged more than 75 years, all residents of Village + Post Office- Kalitala, Block-HingalGanj, Police Station-Heam Nagar Costal, District- 24 Paraganas (North)
Address of the victim: Village + Post Office- Kalitala, Block-Hingalganj, Police Station-Heam Nagar Costal, District- 24 Paraganas (North)
Name of the secondary victim: 1) Ms. DipaliMondal, mother of Mr. GopalMondal, aged 68 years, 2) Ms. SampaMondal, wife of Mr. GopalMondal, aged 29 years, 3) Mr. SuvankarMondal, son of Mr. GopalMondal, aged 10 years, by occupation-student, 4) Ms. SanghamitraBiswas, wife of Mr. SankarBiswas, aged 35 years, 5) Mr. SouvikBiswas, son of Mr. SankarBiswas, aged 17 years, by occupation-student,
Date and time of the incident: On 26/09/2015 at around11 am
Place of the incident: Agricultural Development Office (A.D.O), Hingalganj and subsequently at Hingalganj Police Station
Name of the perpetrators: 1) Mr. ChintamoniNaskar, Sub-Inspector, Hingalganj Police Station, 2) an unknown Sub-Inspector, Hingalganj Police Station, 3) Mr. KuddusGazi, Civic Police, 4) Mr. Nurul, Civic Police and two unknown Civic Police personnel
Details:
24Parganas (North) district was recently in the grip of incessant rains and flood. Flooding of farmland was reported. Flood had caused serious damages to agricultural crops. After rain was subsided and flood situation was under control; some of the blocks had been identified for compensation and Hingalganj block was one of them. It was announced that all farmers will be compensated, irrespective of their land holding. Reportedly, compensation was paid by cheques and process has begun. All farmers of Kalitala village panchyat were asked to present at Agricultural Development Office (A.D.O) of Hingalganj block on 26/09/2015 for collecting cheques for compensation.
On the aforementioned date, at about 10 a.m.all farmers of the said village were present there accordingly. Due to gathering of farmers, there was a hustling bustling at office premises. They were asked to stand in queue to collect their cheques in front of the A.D.O office. The queue was just too crowded the local administration failed to manage the crowd. Local administration informed Hingalganj police station to come and handle the situation. At around11 a.m.police arrived at the office premises. After watching police at the premises, the farmers who were standing in queue disorderly, tried to stand in a proper way; as a result, a jostling was taken place among them. Oneseptuagenarianelderly farmer Mr. MrinalMondal was also standing in queue. At the time, on duty civic police personnel were maintaining the queue. Suddenly, one civic police personal pushed Mr. Mondal and the push was so strong thathe soon fell down on the groundbeing unable to bear the push. After observing the plight of Mr. MrinalMondal, his son Mr. GopalMondal, who was also present there to collect the cheque,came runningtowards his father. Mr. GopalMondal protested against civic police’s barbaric act. On hearing his protest, the civic police personnel became furious and get hold collar of Mr. GopalMondal’s shirt and started to beat him. Mr. ChintamoniNaskar, Sub-Inspector of Hingalganj Police Stationalso rushed towards Mr. Mondal and get hold collar of his shirt and began to beat him mercilessly. Mr. Mondal was dragged to their parked vehicle. Mr. Sarkar; SI threatened by saying “How dare you to speak against the police. By beating you, we will teach a lesson to all in such a way, so that everybody should be afraid of the police.”
Seeing the humiliation of Mr. GopalMondal, neighbor and friend of his, Mr. SankarBiswas rushed to save him out of police oppression. The police party then started beating Mr. Biswas. Reportedly, Mr. GopalMondal and Mr. SankarBiswas were beaten black and blue and dumped into police vehicle. While taking them into the van, Mr. SouvikBiswas son of Mr. SankarBiswas tried to rescue his father from police grip. Then, one civic police personal punched him in his nose, as a result, his nose was broken and blood was oozing out from his nose. Mr. Souvik also sustained injury in his face
Mr. GopalMondal and Mr. SankarBiswas were brought to Hingalganj Police Station. On the way, they were subjected to brutal torture again. They wereput into the police lockup at around11.30 a.m.In the police lockup, the police team continuously threatened them by saying that they would cut their throat and float their body in river. The officer-in-charge of the said Police Station also present at the time.
The whole police team who were on duty at the ADO office came back to the said Police Station at around 5 p.m. Then the victims were taken to another room beside the lockup by civic police personnel and Mr. ChintamoniNaskar. They weresubjected to not merely the known brutalities of the interrogating police party like severe beatings with stick, but to also obscenities of the vilest nature.Reportedly, Mr. GopalMondal and Mr. SankarBiswas were stripped naked inside the room. Their underwears were forcefully gagged into their mouth in order to stop their scream. The police team battered their whole body one by one with baton. For this reason, their whole bodies were reddened with torture marks. One of the civic police even tried to throttle Mr. Mondal by holding his neck. The perpetrator police personnel startedshowering baton blows on their hips.Due to this physical aggression, the victims received marks of hematoma to their hips and also swellingtheirhip muscles. It was reported that skin of their hips area were ripping up as an effect of continuous beating with baton.Some portion of their bodies was ulcerated owing to cut mark. It was revealed during the fact finding that police deliberately hit in their hips so that they may not show it publicly. They were subjected to brutal torture for 30 minutes in the police custody.
On the very day, at around6 p.m.Mr. GopalMondal and Mr. SankarBiswas were released from Hingalganj PS in presence of the Officer-in-Charge of said PS and ShyamalMondal, pradhan of Kalitala village panchyat. Their signatures, names and addresses were obtained in a blank paper before their release. By the by,they were stripped naked at the room and remained so till they were let off.
Mr. ChintamoniNaskar threatened Mr. Mondal and Mr. Sarkar that if they told anyone about the incident outside, then they will be falsely encountered and killed. He also added that people should take lesson after observing their state. Police did not let the family of the victims to enter in the police station, when they were visited the police sttaion.
Tension had been simmering in the village, in the wake of the incident. The victims were member of Trinamul Congress Party. Regarding this incident, the party staged protest in front of the said police station. On 27/09/2015 at about1 a.m.the Officer in Charge of Hingalganj police station came to the house of the victims. Meanwhile, health conditions of the victims were deteriorating gradually. After considering their serious state, the O.C took them in his car and brought them to Basirhat Sub Divisional Hospital. Mr. Mondal and Mr. Biswas were admitted at emergency ward (bed nos. 18 and 19). They were released from the said hospital on 29/09/2015.
On 28/09/2015,Mr. GopalMondal and Mr. SankarBiswas submitted written complaint before Sub-Divisional Police Officer, Basirhat stating the incident of illegal arrest, illegal detention and custodial violence upon them. In the complaint they demanded for appropriate legal action against the perpetrator police personnel, but till date no action has been taken.
As a result of severe beating Mr. SankarBiswas sustained injury in his eyes; Doctor opined for further treatment after ascertaining gravity of the injuries.
There were six named eyewitnesses along with many others of this heinous incident, namely 1) Mr. RabindranathBiswas, son of Mr. KalipadaBiswas, 2) Mr. RadhakantaMondal son of Mr. MonibarMondal, 3) Mr. DebendranathBiswas son of Mr. KalipadaBiswas, 4) Mr. SubhasSil, son of Mr. NagendraSil, 5) Mr. SusantaMistri, son of Mr. DinabandhuMistri, 6) Mr. JayantaMondal son of Mr. SubhasMondal, all were from Kalitala village in the jurisdiction of HemnagarCoastal Police Station.