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

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.

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Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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