Our another human rights defender facing false criminal

*To

12
September 2008*

*The Director General *

*BSF*

*Block No. 10, CGO Complex*

*Lodhi Road***

*New Delhi** - 3*

* *

*Sir,*

* *

*We write to convey our deep concern for one social activist who was
allegedly illegally detained, threatened, assaulted and falsely implicated
in criminal cases by Raninagar Police Station in aid and connivance with the
Border Security Force of Kaharpara Border Out Post Head Quarter, Battalion
No. – 90, Police Station-Raninagar, District –Murshidabad. The police of
Raninagar Police Station left no stone unturned to harass the victim
violating the laws and procedures at every possible step including arresting
him without issuing any memo of arrest violating the guidelines issued by
Hon'ble Supreme Court in D. K. Basu judgment (AIR 1997SC610). The police
also acted illegally by robbing money from the victim and assaulting the
victim and female members of the family at the time of arrest and producing
the victim in court at regular intervals by tying him with rope. *

* *

*According to the information received the victim Mr. Kanai Mondal and his
family members have been targeted as a result of his legitimate work of
protest to end impunity and acts of torture inflicted by the police and
Border Security Force jointly in the bordering areas of Murshidabad
district. Our attached fact finding report gives details of the apathy of
the victim. The right to life of the victim has been violated by the
torturous acts of the perpetrators.*

* *

*We therefore seek your urgent intervention in this matter in the following
manner:-*

- *A thorough and independent investigation should be conducted into the
actions of the officers of Raninagar Police Station and the victim must
immediately be discharged from all the criminal cases falsely charged
against him. *
- *If evidence is found to substantiate the above allegations, then full
legal action under the penal provisions should be taken against the
perpetrators and punished accordingly and disciplinary action should also be
taken against the perpetrators.*
- *The victim and his family members must be given adequate protection,
shelter and compensation. *

*Thanking You,*

*Yours truly,*

* *

* *

* *

* *

*Kirity Roy*

*Secretary of Masum*

*&*

*State Director of NPPTI*

*
--------------- XXX -----------------*

* *

*Name of the victims**:* (1) Mr. Kanai Mondal, son of Late Lakhindar Mondal,
aged about 50 years; (2)Ms. Jyotsna Mondal, wife of Mr. Kanai Mondal, aged
about 42 years; (3) Ms. Mamoni Mondal, daughter of Mr. Kanai Mondal, aged
about 19 years all of Village – Char Rajanagar, Police Station – Raninagar,
Post Office – Char Rajanagar, District – Murshidabad.



*Name of the Perpetrators**:* (1) Mr. Rajat Das, Sub-Inspector of Raninagar
Police Station; (2) Mr. Sunayan Bose, Officer in Charge, Raninagar Police
Station; (3) other police constables of Raninagar Police Station; (4) Mr.
Sandeep Kumar Yadav, Assistant Commandant, Border Security Force, Kaharpara
Border Out Post Head Quarter, Battalion No. – 90, Police Station-Raninagar,
District –Murshidabad.



*Place of Incident**:* In the house of Mr. Kanai Mondal at Village – Char
Rajanagar, Police Station– Raninagar, Post Office – Char Rajanagar,
District-Murshidabad.



*Date & Time of Incident**:* On 27.04.2008 at about 02:00 a.m. at night.



*Detail of the Incident**:* Mr. Kanai Mondal resided at the aforesaid
address with his family. His family consisted of his wife namely Ms. Jyotsna
Mondal, two sons and one daughter namely Ms. Mamoni Mondal. By profession,
Mr. Kanai Mondal is a marginalized farmer. He also has been acting as a
social activist to raise his voice against the torture and all kinds of anti
social activities of police, Border Security Force, politicians and anti
socials elements of that locality. He also strived to provide help to the
helpless people of the society. For this reason he was not in the good book
of the police, Border Security Force, politicians and other influential
groups and therefore they always tried to teach a lesson to Mr. Kanai
Mondal.



On 27.04.2008 at about 02:00 a.m. in the midnight Mr. Rajat Das,
Sub-Inspector of Raninagar Police Station along with other 10/12 police
personnel came to victim's house when they were sleeping and arrested Mr.
Kanai Mondal without issuing any memo of arrest.



On that night the house of the victim was surrounded by police personnel and
Mr. Rajat Das, Sub-Inspector of Raninagar Police Station himself along with
three constables forcibly entered into the house of the victim and thrashed
the victim with a lathi. While the victim woke up from his sleep, they took
him under their custody and forced him to go inside a Maruti car which was
standing just outside the victim's house. At that moment the victim was
wearing only his undergarment. One of the constables took out the victim's
shirt and lungi (a piece of cloth usually used by male persons to cover
their lower person of the body) and handed over those to the victim after
reaching at the police station. The victim kept Rs.3060/- in the pocket of
his shirt. The money was earned by him on 26.04.2008 by selling three
quintal of wheat which was produced by him in his agricultural land. At the
time of arrest the victim requested the said Sub-Inspector of Police to hand
over the money to his wife. But the said Sub-Inspector refused to pay any
heed to the victim's plea. He used filthy languages towards the victim and
told that the money would be required in the police station to bear the
expense of victim's food because no one was there to bear the expense of his
food. The daughter of the victim who protested against the illegal action of
the police, received slap from Mr. Rajat Das. The wife of the victim
requested Mr. Rajat Das by holding his legs to leave her husband but the
said officer kicked her and used filthy languages towards her.



After reaching the police station, victim Mr. Kanai Mondal was put into the
lock up. Then the shirt and the *lungi* were handed over to him. Again the
victim asked about the money which was kept in his shirt's pocket. The
sentry of the said police station informed him that it would be handed over
to the victim when he would be released from the police custody. It was
alleged by the victim's family that at the time of arrest Mr. Rajat Das,
Sub-Inspector of Raninagar Police Station was in drunken condition.



The police arrested the victim on 27.4.2008 in connection with an old
criminal case vide Raninagar Police Station Case No. 218/07 (G.R. No.
1209/07) dated 07.11.2007 under sections 147/148/149/186/353/307/427of the
Indian Penal Code on the basis of the complaint filed by Mr. Sandeep Kumar
Yadav, Assistant Commandant, Border Security Force, Kaharpara Border Out
Post, Head Quarter, Battalion No. – 90, P.S.-Raninagar, Murshidabad.



The police of Raninagar Police Station also implicated the victim in another
criminal case i.e. Raninagar Police Station Case No. 20/08 (G.R. No. -
112/08) dated 26.01.2008 under sections 147/148/149/186/353/307 of the
Indian Penal Code on the basis of the complaint filed by Mr. Vikash Chandra,
Inspector of the Border Security Force, Kaharpara Border Out-Post Camp,
Company Head Quarter, Company – B, Battalion No. 90 in relation to the
offences of rioting; rioting armed with deadly weapons; every member of
unlawful assembly guilty of offence committed of prosecution of common
object; obstructing public servant in discharge of public functions; assault
or criminal force to deter public servant from discharge of his duty;
attempt to murder, mischief causing damage to the amount of fifty rupees.



It was alleged by the victim and his family members that those criminal
cases were falsely slapped by the police on the victim because he used to
protest against illegal activity in the locality and organize the victims to
raise their protests. He is also helping Masum to register complaints They
also alleged that police started those cases in conspiracy with the party
members of the ruling party of West Bengal i.e. Communist Party of India.



On 27.04.2008 the victim was produced before the Additional Chief Judicial
Magistrate Court, Lalbagh and from there he was sent to the Central
Correctional Home, Berhampore, Murshidabad. It was alleged that the victim
was produced every fortnightly before the court by tying him with a rope on
a regular basis.



On 26.07.2008 victim Mr. Kanai Mondal got bail in Raninagar Police Station
Case No. 218/07 (G.R. No. – 1209/07) dated 07.11.2007 and on 27.07.2008 he
also got bail in Raninagar Police Station Case No. 20/08 (G.R. No.112/08)
dated 26.01.2008. On 27.07.2008 the victim was released from the Central
Correctional Home, Berhampore.


Surprisingly, the nature and gist of both the complaints filed by BSF in the
aforesaid two cases in which the victim was charged are almost similar to
each other relating to incidents of scuffle between the smugglers and the
Border Security Force personnel. The name of the victim was not mentioned in
both the complaints/First Information Reports at the time of lodging the
same in the police station by the Border Security Force. The motive of the
police and Border Security Force is amply clear from their action that they
are hell bound to defame the character and reputation of the victim by
falsely putting his name in the aforesaid criminal cases and allegedly
relating his name with the smugglers. It was revealed from the fact finding
that the victim dared to mobilize the local people in Raninagar and
surrounding areas against the continuing neglect and torture of the police
and Border Security Force. The victim did not relent to the pressure of the
perpetrators which provoked the perpetrators to implicate the victim in
false criminal cases.* *

--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : kirityroy@gmail.com
Web: www.masum.org.in