Pages

Free counters!
FollowLike Share It

Tuesday, 8 November 2011

West Bengal's new battle: Mamata Banerjee must get her prorities right

West Bengal's new battle: Mamata Banerjee must get her prorities right

Mamata Banerjee
Change, said Heraclitus, is the only constant. But over 34 long years in West Bengal, the Left proved many wise men wrong. Mind you, Bengal did change under Left rule - but after the early euphoria of land reforms, mostly for the worse.

The May 2011 verdict was as much against lost opportunities of development, job, enterprise, capital, you-name-it, as it was against a systemic takeover of the administration and basic democratic rights by the party. So when Bengal finally voted Mamata Banerjeein, only one emotion overrode relief: hope for a turnaround.

Six months on, sample this. "I am concentrating on industry. Regarding infant death, if you still have some queries, ask my health secretary. Please don't disturb me," chief minister Mamata Banerjee, who holds the health portfolio, told reporters on the death of 47 babies in a week in three hospitals in Kolkata, Burdwan and Murshidabad.

Two days later, a newborn in Murshidabad died on Wednesday when the doctor used carbolic acid instead of an antiseptic. The CM's response hasn't changed since a similar crisis in July: the Left is to blame for the pathetic medical infrastructure in the state.

But inertia is no excuse, given the expectations. Last month, my elderly aunt, having seen many a cynical autumn, dismissed my indifference towards the same festive crowds with an unusual prod: "Are you sure you want to miss this [Durga] pujo - the first after poribarton?" It struck me that I was in kindergarten when the Left Front came to power; that not much of my memory dates back beyond 1977.

Could this be the reason why I, belonging to the first of many so-called Left generations, found pujo and much of Bengal the same all these years?

Potholes, Pujo, 'Liberation' 

The potholes, the traffic jams, the rickety, smoke-spewing buses were all in place. So were the noisy, tireless, pandal-hoppers. Just when I was wondering if Rabindrasangeet wafting from select traffic signals was the only change I would encounter in Kolkata, Mamatadi held out a few surprises.

The parks in Kolkata have been reclaimed for the bhadrolok. Families now enjoy evening walks without being intimidated by drug addicts or hoodlums. Pity, the municipal workers lock the premises soon after sundown; the move, I was assured, has nothing to do with moral policing. There are just too many homeless in the city.

Pujo too was different. It is a multi-crore industry, and the organisers - clubs, big and small - were mostly controlled by the Left. This year, several "Left pujos" had Trinamool challengers. Elsewhere, the control over organising committees changed hands.

While scores of pujos organised by Left workers shrunk in scope, those under Trinamool Congress (TMC) patronage saw a 300-700% increase in their budgets.

The pujo backed by Mamata aide and Bengal industry minister Partha Chatterjee used to be a modest neighbourhood affair until recently. This time, the idols were brass-and-mahogany, and everything else was as lavish.

Even during the festive season, a highly polarised local media had played up reports of sporadic political violence. But to her credit, Mamata had sent out a message for peace immediately after assuming office.

A veteran IPS officer recalls the bloodshed across the state after the end of the long, almost uninterrupted Congress rule in the late 1970s. "From that experience, we were prepared for another bloody transition. But by and large, Mamata has succeeded in keeping TMC workers on leash."

Left leaders play victim in public. In private, many of them sound relieved. "We expected much worse. Whatever [violence] is happening has a pattern. In areas where we did not allow any opposition, our cadres are facing the backlash. Elsewhere, they [TMC] are giving us some space," says a leader.

But the command structure of TMC is far from robust and too many musclemen who earlier served the Left interests have simply switched sides. A good number of "renegade" communists have joined in too.

On the margins of politics, the newly "empowered" are struggling to handle their "liberation". On the first day of this pujo, the officer-in-charge of south Kolkata's Garfa police station asked a few TMC-affiliated auto-rickshaw drivers to stop drinking in public (actually the reasonable man suggested that they move their party from the main road to a nearby alley). He spent the pujo in hospital with several fractured bones.

Kalam labels N-plant safe, sceptics wary


Kalam labels N-plant safe, sceptics wary
G.C. SHEKHAR
Chennai, Nov. 6: Former President A.P.J. Abdul Kalam today said the Kudankulam nuclear plant was absolutely safe but failed to convince those agitating against the commissioning of the facility, located 650km from here.
Kalam, who visited the project site this morning, said he had not come to play mediator. But the protesters argued that Kalam’s decision to meet only the plant officials and not villagers’ representatives proved he had come merely to issue a certificate to the nuclear facility.
“Twelve lakh people live in the nuclear fallout area, but Kalam has met just 40 people who are intent on starting the plant unmindful of the safety of these people,” said S.P. Udhayakumar, the protesters’ leader.
“Also, Kalam has only repeated what the officials have been saying. Neither he nor the scientists have answered our question why Russia has stopped using the technology employed at Kudankulam. Similarly, they have been silent on the issue of nuclear waste,” Udhayakumar said at Indinthakarai village, where the agitators are camping.
The persistent agitation by the villagers, led by anti-nuclear groups, has brought the fate of the Rs 1,336-crore, 2,000MW plant under a cloud. The plant managers have put off its commissioning, which was due in December.
The Centre has appointed a 15-member committee to reassure the villagers about the plant’s safety features. It had also requested Kalam, a votary of nuclear power and weapons, to affirm the safety of the plant. The government was looking to exploit the popularity that the former President, a Tamil, enjoys among the masses.
Kalam today spent three hours inspecting the plant and being briefed on its various features.
“He asked many questions about safety. He wanted to know how we can be sure that a disaster like Chernobyl (Russia) or Fukushima (Japan) would not happen here,” station director R.S. Sundar said.
“We explained that the technology to be used here is much more advanced, and so are the safety features.”
Later, Kalam told the media the plant had put in place all the necessary safety features.
He cited the mechanism to ensure automatic cooling of the plant in the event of a power cut followed by a generator failure, the double-wall protection, structural safety and the containers to store the 25 per cent residual fuel. He allayed the radiation fears too.
“Also, there is no need to worry about the safety aspect of the plant as it is in a low-intensity seismic zone. There is also no threat of a tsunami as the plant is 1,300km from the seismic centre point and is 13.5 metres above the sea level,” Kalam said.
Udhayakumar, however, wondered if the former scientific adviser would have sold the same line in Kerala or Bengal in favour of establishing nuclear plants there.
“We are neither impressed nor convinced by Kalam’s words since his intention is well known, as illustrated by his two-page article in today’s The Hindu advocating nuclear power as the future energy source,” Udhayakumar fumed.

AI pilots threaten mass exit


AI pilots threaten mass exit
OUR CORRESPONDENT
Angry mood
New Delhi, Oct. 31: Around 80 of Air India’s pilots have threatened to resign together if they are not given a no objection certificate (NoC) to apply for jobs elsewhere.
According to sources, the pilots have sent a letter to the management asking for a swift decision on their demand or they may be forced to take drastic steps.
All the pilots belong to the India Pilots Guild (IPG), an association of AI pilots, who last week had threatened to go on strike and had earlier protested the management’s decision to train erstwhile Indian Airlines pilots to fly Boeing 787 Dreamliners.
Last week, 23 pilots with AI Express, the low-cost arm of the national carrier, had reported sick, leading to cancellation of 10 international flights.
“A letter signed by as many as 70 pilots has also been sent to the civil aviation secretary Nasim Zaidi asking him to take immediate action in the matter. We have been asking this for a long time and till now nothing has been done and, meanwhile, we are losing valuable opportunities,” said an IPG member.
Air India, however, has said it is yet to receive any such letter from the pilots. “We have not received any such letter from the IPG or any other body,” said an AI official.
According to Air India sources, the reason behind the sudden rise in sick leaves is a turf war between pilots from erstwhile Indian Airlines and Air India over assignments to fly the premium Boeing 787 Dreamliners.
Of the 64 pilots selected for 787 training, 32 belong to Indian Airlines. According to the Air India pilots, this can seriously hurt their career progression. Air India used to be the international arm and Indian Airlines the domestic operator.
The IPG represents about 300 pilots of the pre-merger Air India, while about 1,400 pilots of former Indian Airlines owe allegiance to the Indian Commercial Pilots Association, which is also protesting the same issues.
Flying schools
The Directorate General of Civil Association (DGCA) has said a “blatant disregard” of norms has been detected in the functioning of most flying schools in the country. The DGCA has warned them of strong action, including the cancellation of permits, if they failed to comply with the guidelines within 30 days.

Call, put options back in FDI

Call, put options back in FDI
OUR SPECIAL CORRESPONDENT
Norm tweak
New Delhi, Oct. 31: The government has jettisoned a controversial rule that restricted the scope of foreign direct investment.
Just a month ago, the industry ministry had ruled that put and call options in equity should be treated as foreign debt and not FDI. A put option gives buyers of a security the right to sell back at an agreed price and in a pre-determined time frame; a call option gives the sellers of a security the right to buy back the security under similar terms.
The ministry today dropped the provision in the face of stiff opposition from foreign investors, particularly private equity players. The Department of Industrial Policy and Promotion of the industry ministry today said “the paragraph stands deleted from the policy”.
If put and call options in equity were treated as debt, they would have to meet the tougher norms for external commercial borrowings.
When it initially brought about the rule change last month, the industry ministry was swayed by arguments that foreign securities with an option to exit with assured returns were more in the nature of debt because the investor was not taking any risk, which should be present in all equity instruments.
The decision today flies in the face of opinions expressed by the Securities and Exchange Board of India, the attorney general and the Reserve Bank of India. In fact, it was at the Reserve Bank’s behest that the industry ministry had changed the rules in the first place.
“However, the feedback received from a number of stakeholders stated it (the rule change) could have negative fallout, particularly for the SME (small and medium enterprises) sector, so the DIPP decided to delete it,” officials said.
They said the government deleted the rule as it wanted to “reverse the mood and send a positive signal among the global investors”.
According to Bobby Parikh, an analyst with BMR Advisors, “The FDI norms would have created huge hindrance for investment had it continued. The RBI had been raising questions on many deals where the foreign investors were trying to exit through the put option route without any legal basis. Now, that it has been deleted from the FDI policy, the stance of the RBI should not stand.”
Meanwhile, commerce minister Anand Sharma said the government was “seriously considering” to raise the 51 per cent foreign direct investment (FDI) cap in single brand retail.
“We have 51 per cent (FDI cap) in single brand retail and we are seriously considering how to raise it to a higher level,” Sharma said.

CPM plan to infuse new blood at grassroot


CPM plan to infuse new blood at grassroot
OUR SPECIAL CORRESPONDENT
Calcutta, Oct. 31: The CPM leadership today worked out a “three-way formula” to rev up its organisation, stressing the infusion of new faces, particularly youths, phasing out veterans who have become “non-functional’’ and “preventing tainted leaders and cadres” from joining new party committees.
“It has been decided that the new local and zonal committees that will be formed during the organisational conferences beginning in the second week of November will be small so as to speed up party work,’’ CPM state secretary Biman Bose said after the end of the two-day state committee meeting at Alimuddin Street.
“Fresh faces, particularly youths, will have to be inducted. We have insisted that honest and efficient people be inducted into the panels,” he added.
The CPM has decided that at least 25 per cent of the local and zonal committee members would be new faces.
“The criteria of honesty, efficiency and acceptability are particularly applicable to the local and zonal committees as their members are grassroots workers who are in “constant touch with the people at the ground level,” a CPM leader said.
“It was also decided that those leaders and cadres who are not being able to work because of advanced age or illness would be gradually phased out,’’ he added.

BOMBAY HIERARCHIES

BOMBAY HIERARCHIES
- Between cruelty and normalcy
THE THIN EDGE: Ruchir Joshi
There is a nasty, aggressively authoritarian side to Bombay that long predates its Mumbsenafication. An old alloy of the Marathi fetish for rules and regulations and the hardest Gujarati stinginess produced, many decades ago, a steely under-hoop of pomposity and petty cruelty around which the city still drapes her changing skirts of shiny material. It’s something that hits any Calcutta alien immediately. Hailing from a town where every expenditure of oppression and violence is tempered by lethargy, it alarms one to see so much relentless official energy being devoted to hurting people just for the sake of hurting.
I feel the edge of the under-hoop as soon as I climb into the prepaid Fiat yellow-black at the airport. The sticker on the glove compartment proclaims the new rule: “Smoking in taxi cab is an offence! Fine Rs 300!” My lighter freeze-frames on its way up to that first, desperate, post-flight fag. But the driver is not a Bambaiya taxi-walla for nothing. “Arre peejiya na sahab! Havaldar dikhega toh hum bol denge, nichey kar dijiyega (Go ahead and smoke, sahab. If I spot a cop I’ll warn you and you just lower it).”
I thank my benefactor and the floodgates open. He guesses that I’m neither a Mumbai-cur nor a Ghaat-tigger and starts off. Who can object to someone smoking in one of these traffic jams, that too with open windows? This law has been made to enable robbery, officially 300 or bribe-wise at least 100. Don’t like working in Bambai, but what to do, it doesn’t let you go, this town. Effortlessly, he changes the gears of his UP Hindi to rhyme. Iss sheher mein sab rotaa hai, koi sotaa nahi (Everyone cries here, no one sleeps). Rehne ke liye yeh sheher hai, lekin zindagi yeh zeher hai (For living this is a city, yes, but as a life this is poison). Then he turns to the local ethnic-cleansing industry:“Hain woh kuttey, lekin kehna padta hai ki, haan bhai tum sher ho (Actually they’re dogs, but you have say ‘Oh yes, you are a tiger’).” “Kaam kuchh kartey nahin, biwi ke paise pey jeetey ho, lekin tum sher ho (You do no work, you live off your wife’s earnings, but yes, you’re a tiger alright).” The Ghaat-tiggers get away with it because they come in mobs to pick on lone Bhaiyas driving taxis or auto-rikshas, otherwise they are no match for us. We go through a scenario where all the Bhaiyas have abandoned Bombay. Who will drive the taxi and trucks, who will shift the goods, who will do all your dirty work? Finally, the man from Faizabad cheers up. Delhi is making great progress, as it should. That will take clout away from this city. “Balki Gujarat bhi inki achchhi tarah sey bajaa raha hai! Woh bhi achchha hai! Duss saal mey inn saalon ki kaun poochhega (Even Gujarat is making this town squeal. This is also good. Who’s going to look at these b*****ds in ten years’ time)?”
A couple of evenings later, I certainly find myself looking at Bombay and marvelling at the other phenomenon that cuts across all classes and holds the city together — the way normal hierarchies become suspended in some pockets. On the surface, it’s nothing remarkable: a non-fancy Goan bar and restaurant in Bandra, busy on a Saturday night, every table of the small establishment occupied. Look again and you see that half the tables consist of upper middle-class women customers, women with no accompanying men. Perhaps they are here primarily for the food, you think, but no. There’s a two-seater with a bottle of wine and some peanuts in a bowl, two young women settled down for an evening’s drink and quiet adda; there’s another table with four women, two in their twenties, two a bit older, noisy, laughing, ordering yet another round of beer and cocktails, no sign of dinner. Other tables, couples, men and women, some flirting and courting, others clearly ‘just friends’. Conversation, merriment, drink, xacuti and cafreal, happiness. Coming from a city where most middle-level bars still refuse to serve women without male companions, I feel a pang of envy at this normalcy.
Getting to the restaurant, I’ve seen another facet of this hierarchy-suspension. Our auto-riksha man is young, big built, with a ‘786’ chain bracelet on his wrist. Driving from the highway into the crowded innards of Bandra he has almost replicated a chase scene in a James Bond movie. Somehow he has hurtled — there is no other word — through a steel mesh of traffic, sending people skipping out of his way, missing other autos by millimetres, ramming on to the wrong side of the road, going nose to nose with shiny, armoured-car sized SUVs with blackened windows, not caring whether the vehicles might contain dons or billionaires. “Bhaiya, we need to get there alive,” my terrified friend has wailed. Without looking back at her, spilling out from both sides of the driver’s seat, our young pehelvan has grunted. “I need to drop you and get this gaadiback to the owner. Time is up, I’m late.” There is no hint of apology in his voice, just a statement of flat Bombay fact.
“Didi, mi udhya naahi yenaar. Mujhe woh form bharney ko jaana hai (I won’t be coming tomorrow, I have to go fill in that form).” There is the same lack of apology in the mixed Marathi-Hindi of the woman who cooks for another friend. My friend glowers at the bai, but you can tell it’s in mock anger. “What can you say?” she asks rhetorically after thebai leaves. “This woman does everything, comes, works, goes back and feeds her kids, and even handles the damned form-bharoing! Her man sits around doing nothing.” I think back to my taxiwalla and the grudging respect in his voice when he said, “Haan, yeh zaroor hai ki unki auratein jumm ke kaam karti hain (It’s true that their women work really hard).” When I ask, my friend agrees. “You can’t oppress these Bombay bais the way you can servants in Delhi or Calcutta. The great thing is they just will not take s**t from employers.”
Outside my friend’s 16th floor apartment, the vertical arrondissement of Lokhandwala stretches away, canyon upon cliff upon cascade of concrete, Diwali lights blinking on high balconies, semaphores being sent into the universe, many of the towers in darkness, the flats unoccupied in the current real estate glut. Just below us is a group of buildings primarily populated by Muslims. I’ve heard the morning azan and noted it to be quite tuneful. As the evening azan begins it’s clear that the assistant mullah has taken over. Fighting through the pounding crackers his voice rises, exactly mimicking a large jetliner taking off, reaching out, no doubt, to the huge crowds of Haj pilgrims camped under pandals outside Shivaji International.
Inside, two people working in The Industry have joined my host. Scurrilous stories criss-cross the dining table. One is about a top star who we shall call Gallu. “So the thing with Gallu is he’s really nice when he’s switched on, but you can’t go to his trailer and wake him for a shot. You can only disturb him when he’s awake and he sleeps a lot. So there is this poor assistant director whose sole job it is to sit on Gallu’s trailer ke steps and wait. What they’ve done is made a small hole in the drainage pipe from the trailer loo and this guy has to keep looking under the trailer. Only when he sees a leak from the pipe does he know ki the big man is awake, after which he can knock.”
I remind myself this is Bee-o-em-bee-o-vaay, Bombay-meri-jaan, where nothing should be taken at obvious face value. So, quasi-semi-egalitarian, yes, in many ways not to be found in the rest of the country, but deeply hierarchical too, in rare and bizarre ways. Just before I leave, I visit my aunt on Altamont Road. Outside her apartment building I notice that a piece of sky I’ve been used to since childhood has now gone missing. Antilla, that Mother Godzilla of all Bombay buildings, now zigzags up from the trees. The news is that Ambani hasn’t been able to move into his infamous pile because the vaastu has been found to be wrong. Thinking about it, I’m sure one Dhirubhai Ambani never worried too much about stuff like this when he was driving through the Indian economy like that Bandra auto-riksha driver. I think about my friend’s bai missing a day’s work to apply for a kholi in a slum. I think about the continent of blue tarpaulin-covered slums that unfurls under the belly of the plane when you fly into Bombay from the east. I think of all the people who cry in this town but don’t sleep, who struggle through each day despite the fact that the vaastu of this whole city is quite clearly wrong.

Long Live Judiciary - after 8years of legal battle - witness assaulted, guilty police, doctor, magistrate are enjoying impunity

8th November 2011

To
The Chairman
National Human Rights Commission
Safdarjung House,
Copernicus Marg
New Delhi - 1

Respected Sir,

With a grave concern I am to write you with a hope that you will intervene the matter with all seriousness. Though your good office was approached in 2004, but till date no such action has been taken.

We have received information that one Mr. Uttam Sahu, son of Mr. Nirapada Sahu of village-Issaripur, police Station-Kakdwip, District-South 24 Parganas came under attack on 21.10.2011 at about 10.30 pm. At the time of the incident he was returning from his grocery shop at Narayanpur Bazar and the miscreants namely (1) Mr. Bahadur Ari, son of Late Khudiram Ari; (2) Kanchan Ari, son of Mr. Bahadur Ari and another son of Mr. bahadur Ari caught hold him in a open field near 4th Ferry Ghat and they assaulted him mercilessly by fists and blows. They threatened him to kill on the spot abusing him filthy languages. They also robbed Rs.20, 000/- and one gold chain (weight-20 grams) from him. Mr. Uttam Sahu somehow freed himself from the grip of the miscreants and ran from the spot to save his life. He entered into one of his relatives house namely Mr. Sukumar Sahu and with his help he went to Kakdwip Police Station immediately. The police of the said police station heard the incident from him but did not register any First Information Report against the miscreants. The police only recorded the incident in the General Diary Entry Book vide Kakdwip Police Station GDE no. 1827 dated 21.10.2011 and sent him to Kakdwip Sub-Divisional Hospital for treatment. Later he was referred to Diamond Harbour Sadar Hospital for better treatment.

It is further revealed that Mr. Kanchan Ari who is one of the miscreants in assaulting Mr. Uttam Sahu, is an accused person in a criminal case vide Kakdwip Police Station Case no. 101/2003 where Ms. Mousumi Ari was murdered in her matrimonial house by the accused Kanchan Ari and others. Mr. Uttam Sahu was the maternal uncle of deceased Mousumi Ari.  

Mr. Uttam Sahu is a witness in the said Mousumi Ari murder case and he is scheduled to depose in the court. The family members of Mr. Uttam Sahu stated before our fact finding team that the said Mr. Kanchan Ari and his accomplices threatened him with dire consequences if he dared to depose in court before the present incident of assault upon him. The family members of Mr. Uttam Sahu further stated that not only Mr. Uttam Sahu but other members of Sahu family who are witnesses in Mousumi Ari murder case were threatened by Mr. Kanchan Ari and the other accused persons and they regretted that the administration failed to provide any protection to them even well aware of the incidents of threats by Mr. Kanchan Ari and his other family members being accused persons in Mousumi Ari murder case.

The whole incident discloses that the police of Kakdwip Police Station deliberately and willfully did not provide any protection to Mr. Uttam Sahu and his other family members who are witnesses in a criminal case and such inaction encouraged the accused persons even to commit criminal offences upon them without any fear of law and this is quite evident from another gross dereliction of duty by the police of Kakdwip Police Station by not registering any FIR against the culprits over the incident of heinous assault upon Mr. Uttam Sahu on 21.10.2011. Needless to mention here that the same police station was previously accused of falsely tabling that Mousumi Ari committed suicide not murdered.

Background



On 25 October,2003 Mousumi Ari @Sahoo aged about 16 years was murdered within 20 months of her marriage in her in-law’s house, at 3rd Gheri, Narayanpur, Police Station Kakdwip, 24 Parganas (South). Mousumi’s husband is Bidhan Ari, son of Swadesh Ari, Swadesh Ari is a policeman, posted at Kakdwip Police Station. Mousumi was pregnant at the time of her death.

There were blood stains in the floor, wall of the bedroom. Police started a case of dowry death. Police party forcibly obtained signatures from the eyewitnesses from the family members in blank paper. Enquiry of magistrate was held without informing the family members of the victim in violation to the mandatory provision 176 Cr.P.C. At the relevant time the members of the victim family were present at Kakdwip Police Station. Most interestingly, the inquest by the magistrate was done over a body which was not declared as “dead” by any doctor.

The autopsy surgeon, Dr. Gouranga Biswas, attached with Diamond Harbour State General Hospital conducted Post Mortem examination over the body of Mousumi in a malafide manner. There was not a single word or a talk of injury in the Post Mortem  Report.

The Sub Divisional Judicial Magistrate of Diamond Harbour, in which court the case was heard, after hearing all the aspects, passed an order on 20.12.2003 for re-examination of the body, which was still then lying buried under the earth. Under of the Ld. Magistrate dated 20.12.2003 a second Post Mortem examination over the body of the Mousumi was conducted.

The Second Post Mortem examination over the body of Mousumi was conducted by the expert professors of Calcutta Medical College and Hospital, eminent doctors of Calcutta and the said examination was conducted at Calcutta Morgue under Medical College and Hospital in Calcutta.

That it appears from record that the investigation relating to the cause of death of Mousumi Ari was completed by the investigating agency at a date earlier to 4.1.2004 when the Second Port Mortem examination was conducted and soon after holding the said Second post-mortem on 4.1.2004 on the alleged basis of conclusion of the investigation a charge sheet being Chare Sheet No.8 dtd.31.1.2004 Under Section 498A/304B/302 IPC has been submitted impleading the inmates of the in-law’s house of Mousumi Ari in the said charge sheet.

We, MASUM have conducted an independent fact finding enquiry and the revelations in the said fact finding enquiry, apart from the facts which have already been stated hereinbefore, are as follows :-        

(i)                     At the time when on 25.10.2003 the police personnel of Kakdwip Police Station reached the spot where the body of Mousumi Ari was there, the police team was not accompanied by any Doctor nor the police had any occasion to call for any Doctor to ascertain the primary fact as to whether Mousumi was dead at that point of time or not. The assertion of the members of the victim family in this regard are those that at the time when access to the bed room with police party could be enforced body of Mousumi was warm enough so as not to conclude that Mousumi was dead at that point of time.

(ii)                    The police proceeded on the basis that as if the Mousumi was dead at the particular point of time when police reached the spot. The grievances of the members of the victim family in this regard are those that the police team / party was never accompanied by a doctor nor the police called for any doctor within about 24 hours but the police themselves decided that Mousumi has dead.

(iii)                   The evidences collected by the petitioners from the relatives of Mousumi including the parents of Mousumi go to show that after reaching the spot the members of family of Mousumi could find that Mousumi was there in her sitting posture in her bed room in a unnatural manner with blood stains in her body and wearing apparel, the body of Mousumi was not cold rather it was warm. Mousumi was found in her bed room in a sitting posture with multiple injuries. There were several and numerous marks of blood stains in the floor and wall, earthen floor and the bed room where the body of Mousumi was there. In the room one sandow ganjee with blood stains was there. Also, there was a pair of shoes. The height of the room is very low and there was a wooden cot allegedly standing upon of which Mousumi hanged herself. The story of hanging is simply belied by a mere fact that no one having a physical height like Mousumi can hang herself standing on the cot from the wooden beam of the straw thatched room where the body of Mousumi was there.

(iv)                   That further revelation by the fact finding enquiry is that the police personnel and investigating officer who were present at the spot asked the members of the family of the in-law’s of Mousumi to get out Mousumi’s father and other relatives out of their house to bring new saree, petty coat and upper garments for Mousumi. After arrival of new wearing apparel the police personnel caused removal of the garments containing blood stains from the body of Mousumi and the fresh garments were put in the body of Mousumi. The garments containing blood stains were kept in a polythene pack which was taken away by the police. Interestingly the garments so kept in the polythene pack were not shown in the seizure list.

(v)                    That further revelation by the fact finding enquiry of the petitioners are those that the police personnel who were present at the spot caused remover / eraser of the blood stains which were there in the earthen floor and the earthen wall of the room in question. The members of the in-law’s family of Mousumi were made instrumental in causing disappearance of the blood stains / mark of blood which were there in the floor and the wall of the room. The police personnel also allowed the room to be kept open. The room was not locked or sealed.

(vi)                   That after the police personnel took the body of Mousumi to Kakdwip Police Station which is about 15 to 16 k.m. away from the in-law’s of Mousumi, the members of the victim family went to the police station. The members of the victim’s family reached the Police Station at about 11.00 a.m. when the body of Mousumi was kept in a cycle van tied by rope in front of the main entrance of the police station wrapped in a plastic sheet. Most interestingly, the police personnel of Kakdwip P.S. behaved like physician. They themselves decided that Mousumi is dead, they did not bother to consult any physician that Mousumi was still alive or not.

(vi)                   That the members of the victim family from the very point of their reaching the Police Station were tried to be persuaded by the  police personnel to lodge an FIR simply stating that Mousumi committed suicide. The members of the victim family did not agree to lodge an FIR by simply mentioning that Mousumi committed suicide. The members of victim family wanted to lodge complain that Mousumi was murdered at her in-law’s house.  The members of victim’s family were there at Kakdwip Police Station for the whole day. The process of persuasions (administration of threat in other words) continued for the whole day. At about 8.00 P.M. Shri Dipak Kumar Kanungo, Executive Magistrate, arrived at the police station. The said respondent had no occasion to conduct inquest of the body of Mousumi nor said Shri Dipak Kumar Kanungo, Executive Magistrate could contact any such inquest because the body of Mousumi was kept wrapped in a plastic sheet all along and all through.


(vii)                  That after Dipak Kumar Kanungo, Executive Magistrate arrived at the scene with the Officer-in-Charge of Kakdwip police station and other police personnel who were present at the Police Station in a combination at about 11.00 P.M. the members of the victim family compelled the members of the victim family to write on a piece of paper that Mousumi Ari has committed suicide in her in-laws house. Further revelations of the fact finding enquiry of the petitioners are those that the members of the victim family who were there at Kakdwip police station since morning were not in a position to continue with the battle till late at night because all of them did not have their bath and food and that all of them were physically exhausted due to fatigue and tiredness coupled with mental shock which was received by them due to the death of Mousumi and with continuous pressure upon them.

(viii)                 That on 26.10.2003 a purported post mortem was conducted at Diamond Harbour State General Hospital where Dr. Gouranga Biswas, conducted the post mortem of Mousumi Ari. The report of post mortem so conducted by Dr. Gouranga Biswas, no injury other than a ligature mark with a printed saree at the neck was found. It is to be noted that the autopsy surgeon of Diamond Harbour Hospital, Dr. Gouranga Biswas by his extraordinary capacity opined that Mousumi was hanged by a printed saree, not by any other saree or ropes.

(ix)                   That on 26.10.2003 after the post mortem was conducted on the body of Mousumi the members of the victim’s family took the body from the morgue of Diamond Harbour State General Hospital and decided to keep the body buried in the adjoining land appertaining to the residential huts of the uncle of Mousumi. The members of the victim’s family, they being all fishermen, thought that the body of Mousumi can be kept preserved in the same manner as they preserve fish. By digging the earth and after keeping the body of Mousumi  70 kgs. of salt was added to the body buried with salt.

(x)                    That after the body of Mousumi was kept buried with 70 kgs. of salt by the members of victim family as aforesaid the father of Mousumi Ari made several, successive  and numerous representations / appeals both in writing and in person to all the Authorities but nothing positive could turn up. In course of his search for assistance the father of victim Mousumi Ari had occasion to meet  some of the activists of Sramajibi Mahila Samity who suggested the father of Mousumi to establish contact with MASUM and by that process we got involved into the matter  and conducted a detailed fact finding of its own.   

(xii)                  That the police of Kakdwip police station, the Doctor conducting the first post mortem, the Executive Magistrate but the authorities have failed and/or neglected to discharge disciplinary and other administrative measures to regulate the conduct of all such governmental officials



Hence we seek your urgent intervention in this directing the police of Kakdwip Police Station to immediately register one First Information Report (FIR) against the culprits involved behind the merciless assault upon Mr. Uttam Sahu on 21.10.2011. We further demand that Mr. Uttam Sahu and other family members of Sahu family who are being witness in the Mousumi Ari murder case must be provided with necessary protection. We also demand that the impure role and the gross dereliction of duty by the involved police personnel of Kakwdip Police Station must be neutrally probed into and they should be punished accordingly. Lastly we demand that the accused persons in the Mousumi Ari murder case must also be booked under the law for threatening and criminally intimidating the witnesses.

Thanking You,
Yours truly,



Kirity Roy
Secretary,MASUM                                        

--
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