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Friday 27 January 2012

Illegal detention in police custody

Case Detail

Mr. Bikash Mahato, son of Bhusan Mahato, resident of village- Akhrasol, Post Office- Joypur, Police Station- Jhargram, and District- West Midnapur is a poor agrarian labour and having no active political connection. His family sustains themselves by agrarian works at others field and selling vegetables to nearby market and produce those in their small piece of land. On 4.12.2011 at around 2 pm, while Bikash was busy with household scores, the police personnel from Jhargram police station came to his house and asked for his name and identity. Bikash made satisfactory reply. After that the said police personnel forcibly took him to their parked vehicle without preparing any memo of arrest at the place and not obtained any signature of his family members who were present at the place of arrest. The family was in shock as Bikash has no criminal anecdotes. While his wife tried to reason with the police personnel, they said after an interrogation at police station, they will let him free.  On 5.12.2011 and 6.12.2011, Ms. Shila Mahato; wife of Bikash, visited the Jhargram police station to meet her husband but the police personnel not permitted her for the same. On 6.12.2011, she made a written complaint to the Sub Divisional Officer (SDO) of Jhargram requesting him for appropriate direction regarding her meeting to Bikash at the said police station. Though, she made the complaint on 6.12.2011, but receipt of the complaint was shown as on 7.12.2011. Bikash produced before the Additional Chief Judicial Magistrate- Jhargram’s court on 7.12.2011 with a forwarding letter and enclosed arrest memo from one Prasanta Patra, Sub Inspector of Police, who happened to be the Inspector in Charge of Manikpara Beat House under Jhargram police station and prayed for judicial custody for the accused.  In enclosed arrest memo, the time of Bikash’s arrest was fabricated and shown as on 7.12.2011 at 1.05 hours. His arrest was in reference to Jhargram PS Case No. 162/11 dated 14.6.2011, under sections 147/148/448/427/379/506 of Indian Penal Code.

The de facto complainant of the case, one Mr. Seikh Afsar Ali, son of Seikh Sohrab Ali of village- Muraboni under Jhargram police station made a written complaint on 14.06.2011 and provided a list of 21 persons as accused with specific names and addresses. Mr. Bikash Mahato’s name was not in that list and he was not an FIR named accused of that case.

A glance on the Memo of Arrest prepared by the police will prove that arresting police did not inform any person of the family of Mr. Bikash. Police also failed to diarise the incident of arrest.

Kirity Roy
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail :

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