Police torture arrest and implication in false charges

Particulars of the victim:- Mr. Samad Mondal, son of Late Manik Mondal, aged about-40 years, by faith-Muslim, residing at village-Pukuria, Post Office-Gopalpur, Police Station-Haroa, District-North 24 Parganas, West Bengal, India

Name of the perpetrators:- (1) The Officer-in-Charge of Haroa Police Station; (2) Mr. Dillur Rahman being the police officer (Chotobabu) of Haroa Police Station; (3) The Investigation Officer in reference to Haroa Police Station case no. 11/2012 dated 22.1.2012; (4) The Investigation Officer in reference to Ashoknagar Police Station case no. 28/2011.

Date of incident: - On 20.1.2012 at about 11 am

Place of incident: - Near Gopalpur Market under Haroa Police Station

Fact Finding Details: - It is revealed during the fact finding that the victim runs his livelihood by guarding fisheries. On 20.1.2012 he went to Gopalpur market for buying grocery items. When he was returning from the said market at about 11 am he was grabbed by two plain clothed police men from Haroa Police Station. The said police men had arrived on the spot in one motorbike and the victim could identify one of them as Mr. Dillur Rahman being the police officer (Chotobabu) of Haroa Police Station. The said policemen abused him in filthy languages even in the names of his parents. He was then forcibly brought at Haroa Police Station by the said policemen without disclosing any reason for the arrest and no memo of arrest was issued. The wife of the victim Ms. Halima Bibi after getting news of such arrest of the victim from local people immediately went to Haroa Police Station with Mr. Mahitosh Das and Mr. Jafar Mondal (members of local Gram Panchayat). They meet with the victim when he disclosed everything to them. He even told that he was brutally beaten in the police lock up and the police forced him to confess that he was involved in one alleged incident of dacoity. He was not even undergone any medical examination since his arrest.

It is further during the fact finding that the victim was later implicated in one criminal case vide Haroa Police Station case no. 11/2012 dated 22.1.2012 under the NDPS Act. On 23.1.2012 Mr. Chand Mahammad being Sub-Inspector of Police of Ashoknagar Police Station and also being Investigation Officer in connection with Ashoknagar Police Station case no. 28/2011 dated 21.1.2011 under section 457/380 of Indian Penal Code in one written prayer made before the Chief Judicial Magistrate, Barasat, North 24 Parganas stated inter alia that the victim was subjected to close interrogation on 22.01.12 at Haroa P.S. On interrogation his involvement has strongly been transpired in Ashoknagar Police Station case no. 28/2011 dated 21.1.2011 under section 457/380 of Indian Penal Code as “he confessed his guilt”.

Therefore the admission on the part of the police clearly establishes that the victim was framed into two criminal cases i.e. Haroa Police Station case no. 11/2012 dated 22.1.2012 which was started after two days of his alleged date of arrest on 20.2.2012 and the other one Ashoknagar Police Station case no. 28/2011 dated 21.1.2011 which was almost one year old when he was allegedly arrested on 20.1.2012. Moreover the police admittedly subjected him to ‘close interrogation’ at Haroa Police Station on 22.1.2012.  The manner of in which such ‘close interrogation’ was conducted in the four walls of the police lock up is a question of fact within the special knowledge of the perpetrator police personnel.   

The local people stated before our fact finding team that the victim is a man of good character and he belongs to poor and marginal section of the locality. We also received one petition signed by 219 co villagers who demanding the victim is innocent and his immediate release. The victim is now languishing in jail in connection with the above referred criminal cases. His family is now in financially stringent condition as he was the only earning member in the family.

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