14 July 2012
National Human Rights Commission
I am writing to lodge a complaint regarding yet another case of custodial violence and torture by the perpetrator police personnel of Murshidabad Police Station, Distirct- Murshidabad, West Bengal. The details of the incident are mentioned in the attached fact finding report.
On 28.06.2012 at around 9pm the three police personnel of Murshidabad Police Station came in drunken stage to visit a lodge at Sirajdaulla Road, Murshidabad for collecting “Hafta”(illegal collection of money) and parked their police van in front of the gate of adjacent Lodge. Regarding the parking of the police van, an argument occurred between the police personnel and M. Raja Dubey, cousin of one of the victims. The police personnel were drunk so first they have started using abusive language and then they punched Raja at face and started battering brutally and threatening him and to see this situation Mr. Ramadhin Dubey, one of the victims, uncle of Raja and his two sons reached there for rescue him but the police personnel have started of using abusive language to them also. Mr. Ramdhin Dubey, the victim, protested the brutal and heinous behaviours of police force and the police have left the spot but they came back with a huge police force under the SDPO of Lalbagh Sub Division to the house of Mr. Ramadhin Dubey at around midnight and without any reason they broke at least 4-5 doors and ransacked the house and the perpetrator police personnel battered brutally the female family members though they did not have female police force with them and they battered in inhuman way to other male members of the family namely, Mr. Ramadhin Dubey and his son Mr. Shankhashuvra Dubey. Mr. Ramadhin Dubey and his wife became senseless after continuous torture of police. Then after midnight the police had taken Mr. Ramadhin Dubey to local police station, though his health condition was very critical after the rigorous torture of the police. They have also taken his son to the police station with him. Mr Ramadhin Dubey became severely ill on the way and the police found no other way but to admit him to Lalbagh Sub-division Hospital. The other family members of Mr. Ramadhin Dubey were also admitted in the hospital with severe injuries. The victims had no clue of the reasons of the brutal torture of the police of Murshidabad Police Station. Medical reports of the victims exhibit the gravity of the torture committed upon the victims. After all these tortures, Murshidabad Police Station registered a criminal case against Mr. Ramadhin Dubey, Mr. Shakhashuvra Dubey and Mr. Raja Dubey vide Murshidabad Police Station case no. 252/12 dated 29.6.2012 under sections 323/332/341/186/506/353/34 of Indian Penal Code.
We condemn this heinous incident which hit our conscience with the fact that the violence, brutal torture and violation of law and legal mandates are still a well cherished practice among a section of men in uniform and they have no intention to give respect to the procedural mandates and the constitutional rights available to a person.
We immediately demand stern punitive action against the perpetrator police personnel of Murshidabad Police Station and the SDPO of Lalbagh Sub-Division. We further demand that the whole matter must immediately be investigated by Your own investigating wing. Considering the fact the perpetrators are police personnel, so the victims and the witnesses in this case must be provided with adequate protection so that they do not come under any threats, inducement and harassment. We also demand adequate compensation for the victims.
We immediately seek your urgent intervention in this matter so that the perpetrators can be booked under the law immediately.
Particulars of the victims: – (1) Mr. Ramadhin Dubey, son of Late Bishwanath Dubey; (2) Mr. Shankhashuvra Dubey alias Situ, son of Ramadhin Dubey; (3) Ms. Jaba Dubey wife of Ramadhin Dubey, (4) Mr. Raja Dubey son of Late Baleswar Dubey all from Sirajdaulla Road, Police Station-, Murshidabad, District-Murshidabad.
Particulars of the perpetrators: – (1) Mr. Bimal Monndal ,Sub-Inspector of Murshidabad Police Station; (2) Mr. Barun Gaien, Assistant Sub-Inspector of Murshidabad Police Station, (3) Mr. Pranab Das, Home Guard of Murshidabad Police Station (4) Mr. Tanmoy Sarkar, the SDPO of Lalbagh Sub-Division, (5) Near about 15 police personnel from Murshidabad Police Station.
Date & time of the incident: – On 28.6.2012 at about 9pm to 00.15 am (29.6.2012) and subsequent thereafter.
Place of incident: – In the house of the victim Mr. Ramadhin Dubey at Sirajdaulla Road, under Police Station-Murshidabad, District-Murshidabad.
It is revealed during the fact finding that on 28.6.2012 at about 9 pm the police personnel of Murshidabad Police Station namely Mr. Bimal Monndal, Mr. Barun Gayen, Mr. Pranab Das had come to visit a lodge namely as “Tewari Lodge” adjacent to another lodge namely ‘Gitanjali Lodge’ . They came in drunken stage to the lodge for collecting “Hafta” (illegal collection of money) and parked their police van in front of the gate of “Gitanjali Lodge”. The owner of “Gitanjali Lodge” is Mr. Raja Dubey who is cousin of Mr. Ramadhin Dubey, of around 61 years and an ex-teacher of a local Primary School and Block President of Murshidabad Trinamool Congress Party. When Mr. Raja Dubey returned home an argument had been started between the police personnel and him regarding the parking of the police van. The police personnel were drunk and so they have started to use abusive languages and within minutes they punched at the face and started battering brutally and threatening him for dire consequences. Around 60 -70 local people have already started gathering at the spot. To see this grave situation, Mr. Ramadhin Dubey, uncle of Mr. Raja Dubey and his two sons reached there to rescue Mr. Raja Dubey from the clutch of police personnel. But it is unfortunate to state that the police personnel have started of using abusive language to them also. Mr. Ramadhin Dubey protested these ill behaviours of the police personnel.
After sometime the police left the spot but they came back with a huge police force under leadership of the Sub-Divisional Police Officer (SDPO) of Lalbagh Sub Division, Mr. Tanmoy Sarkar, to the house of the victims around midnight. To show their power they broke at least 5-6 doors and forcibly entered into the house of the victims and ransacked the house. There was no female police persons with the said police personnel. They searched for the victim Mr. Ramadhin Dubey in the house but they did not find him and out of rage they started abusing the female members of the house in filthy languages. They brutally battered the female member namely Ms. Jaba Dubey, wife of Mr. Ramadhin Dubey and then they searched and found the old man Mr. Ramadhin Dubey and his son Mr, Shankhashuvra Dubey in their room. After finding them police personnel started inhuman torture upon them without stating any reason for it. It was all done in the presence and support of the SDPO of Lalbagh Sub Division, Mr. Tanmoy Sarkar. At time the police tortured all the three victims altogether. They battered brutally and after sometime Mr. Ramadhin Dubey and his wife became senseless being unable to bear the torture. Then the police personnel left the place taking Mr. Ramadhin Dubey and his son with definite plan to bring them to the police station and on the way Mr. Ramadhin Dubey’s physical condition became serious. So finding no other way the police had to admit him to Lalbagh Sub-division Hospital around 1.30 am on 29.06.12. The other two victims namely Ms. Jaba Dubey and Mr. Shankhashuvra Dubey were also taken admission to the same hospital for their severe injuries. The cuts and wound signs are clearly visible on the bodies of victims. The injuries of Mr. Ramadhin Dubey and his wife are so severe that they are still under the medication of two specialized doctors of the hospital. On 30.06.12 this incident was published in daily newspaper and from Local Trinamool Party they have already arranged rallies and agitation against the police. Ms. Jaba Dubey got discharged from the hospital on 07.07.12, she was severely injured and her nose was affected. Mr. Ramadhin Dubey was discharged from hospital on 10.07.12.
In the meantime after committing all such tortures upon the victims, Murshidabad Police Station registered a criminal case against Mr. Ramadhin Dubey, Mr. Shakhashuvra Dubey, Mr. Raja Dubey and Mr. Citu Dubey vide Murshidabad Police Station case no. 252/12 dated 29.6.2012 under sections 323/332/341/186/506/353/34 of Indian Penal Code and Mr. Shakhashuvra Dubey, Mr. Raja Dubey already got bail from the court except Mr. Ramadhin Dubey for his ill health. The victim’s family stated that they do not know any person by the name Mr. Citu Dubey who also appeared as an accused person in the said criminal case.
On 30.06.12 we came to know from Mr. Ramadhin Dubey that the police personnel of Murshidabad Police Station have created unnecessary hassles for common people and they used to collect “Hafta”(illegal collection of money) so he has showed his displeasure regarding these acts of police of Murshidabad Police Station and planned to give a deputation against this misdeed of police. So he became an eye-sore to the police of Murshidabad Police Station for his protesting voice and so the police have taken the revenge by battering him and his wife and son brutally and ransacked their house.
On 02.07.12 Mr. Ramadhin Dubey lodged a written complaint stating all the facts to the Superintendent of Police of Murshidabad for taking necessary actions against all the police personnel who are linked to the incident on 28.06.12. But till date there is no legal action against the perpetrator police personnel.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
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Attachment(s) from Kirity Roy