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Thursday, 27 September 2012

Single child migration to Mumbai - illegally detained, tortured & falsely implicated by police

Particulars of the victim:- Saleman Sardar, son of late Salim Sarder, aged about- 17 years, by faith-Muslim, by occupation- unemployed, residing at village – Dakhin Kachdaha , Post Office – Kachdaha, Police Station-Sawrapnagar, District-24 Parganas (North), West Bengal, India.

Particulars of the perpetrators: - The police personnel of Nerul Police Station (Police Chowki), Nabi-Mumbai, Maharastra, India.

Date & time of incident: - On 20.11.2011 at 7 p.m. in the evening and subsequently thereafter.

Place of incident: - In front of Fry Shop at Narul, Navi Mumbai at Mumbai.

Case Details:-

It is revealed during the fact finding that Saleman Sardar, aged about 17 years, a minor boy belongs from a poor family of Village Dakhin Kachdha, Police Station – Swrapnahgar, District – 24 Parganas (South). The said Salaman Sardar went to Mumbai with his 8 -10 friends for finding a job for them. On 20.11.2011 at 7 p.m. in the evening when they were returning, some on-duty police personnel of Nerul Police Station apprehended them and demanded Rs.30,000/- from them on the condition of releasing them. Except Saleman Sardar, others gave the money to said police personnel. Then police took him (Saleman Sardar) in their custody and subjected him to torture both physically and mentally. At the time of arrest all the personal belongings of the victim such as two mobile phones and Cash of Rs 3,000/-, two pant pieces, one sari, a school bag and a mobile-charger were forcibly snatched away by the perpetrator police personnel. They hit his foot by the sticks and punch at his left eyes and left side of the chest badly. On 23.11.2011 he was sent to a hospital by the police personal for medical test giving him threats that he would be permanently disabled by them if he discloses anything of the incident of torture to medical officer. On 24.11.2011 he was produced before the concerned court of Judicial Magistrate by the police by charging him as an accused in connection with Nerul Police Station Case no.287/2011 dated 28.7.2011 under sections 457/380/34 of Indian Penal Code. In connection with the said criminal case the police manufactured records by claiming him being a major (above 18 years of age) without any enquiry as to his actual age. Subsequently the police submitted charge sheet against him in connection with the said criminal case and in the charge sheet the police claimed his age as 21 years. The fact remain that the police from the date of arrest of the victim till submission of charge sheet did not inform anything about his arrest to his family members and the police also did nothing to verify the age of the victim.  

Ultimately the concerned judicial magistrate (3rd J.M.F.C., Vashi, Navi Mumbai) vide order dated 3.1.2012 passed direction to produce the victim before the Juvenile Justice Board as the ossification test of the victim reported his age as 17 years and more or less 6 months. 

Thereafter the victim abled to return to his home and he disclosed the whole incident to his family members. The family of the victim is economically poor and they do not have any property or any source of income. They even do not have any B. P. L. (Below Poverty Line) card too. In that situation he again went to Mumbai for a suitable job and at present resides there to earn some livelihood for his family. It is a known saga of every Indian citizen living in the international border area. 

--
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