Fwd: [PMARC] one dalit family falsely charged, tortured by police & put behind the bar for about 2 months

---------- Forwarded message ----------
From: kirityroy <kirityroy@gmail.com>
Date: Mon, Oct 11, 2010 at 5:24 PM
Subject: [PMARC] one dalit family falsely charged, tortured by police & put behind the bar for about 2 months
To: Dalits Media Watch <PMARC@dgroups.org>

9^th October 2010

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

Respected Sir,

After getting information of a barbaric treatment perpetrated by the police personnel of Jiaganj Police Station on the victims from a marginalized family residing in District-Murshidabad, our organization conducted a fact finding over the incident. It was revealed that the victims Mr. Fulchand Mondal and his wife Ms. Daimanti Mondal were tortured by the perpetrator police personnel of the said police station by their unlawful and inhuman action. Attached report would elaborate the incident.

The perpetrator police personnel deliberately violated the Right to life of the victims as guaranteed under the Constitution of India. Moreover the perpetrator police personnel consciously abused their powers and violated the provisions of law as well as the guidelines issued by the Supreme Court of India in D. K. Basu judgment.

Hence we seek your urgent intervention regarding this matter in the following manner:-

1. The involved police personnel of Jiaganj Police Station must be held responsible for dereliction of their lawful duty in not accepting the complainants from the side of the victims at different times.
2. There was no woman police personnel at the time of the arrest Ms. Daimanti Mondal on 7.6.2010 at about 1 am at night from her house. This is sheer violation of the guidelines issued by the Supreme Court of India in D.K. Basu judgment as well as Section 46(4) of the Code of Criminal Procedure. Hence the arresting police personnel of Jiaganj Police Station must be held responsible in contempt of judicial pronouncement and consciously violating the legal provisions.
3. The perpetrator police personnel used unnecessary force upon the victims Mr. Fulchand Mondal and his wife Ms. Daimanti Mondal on 7.6.2010 at about 1 am at night at the time of their arrest from their house and also subjected them to physical violence after making forcible entry into their house. Such acts of the perpetrator police personnel amount to criminal offences for which they must be booked under the law.
4. The victims Mr. Fulchand Mondal and his wife Ms. Daimanti Mondal and other family members were booked under charges of alleged kidnapping and murder of one Mr. Swapan Mondal. The truth is that Mr. Swapan Mondal is still alive. But Mr. Fulchand Mondal and his wife Ms. Daimanti Mondal had to languish in prison for days under the fake charges. Therefore the whole matter must be investigated by an investigating agency (CID) and the role played by the police personnel in this matter must also be neutrally probed.

5. The victims must be financially compensated and the amount be realized from the perpetrators

6. Protection for witnesses and victims should be guaranteed

Hope you will take an appropriate and urgent action in accordance to law of the land and relieve the victims from police harassments.

Thanking You,

Yours truly,

Kirity Roy

Secretary, MASUM

========== XXXXXXXX ============

Name of the victims: - (1) Mr. Fulchand Mondal ( 55years) , son of Late Mr. Patari Mondal resident of village- Debipur Mohanbagan, Post Office- Debipur, Police Station- Jiaganj, District Murshidabad, by caste - Scheduled Caste; (2) Ms. Daimanti Mondal (48 years), wife of Mr. Fulchand Mondal;(3) Mr. Ranjit Mondal (18 years) son of Mr. Fulchand Mondal; (4) Master Sanjay Mondal (16 years), son of Mr. Fulchand Mondal; (5) Mr. Chhedu Mondal ( 40 years) son of Late Rajdhari Mondal and (6) Mr. Krishna Mondal (38 years) son of Late Mr. Rajdhari Mondal, both(5&6) residing at Nakartala Ramkrishna Palli, Police Station-Murshidabad, District-Murshidabad, West Bengal, India.

Name of Perpetrators: - (1)Mr. Dulal Mondal, son of late Mr. Dukhiram Mondal; (2) Mr. Swapan Mondal son of Late Dukhiram Mondal; (3) Mr. Tuhin Biswas, Sub-Inspector of Police and Officer-in-Charge of Jiaganj Police Station; (4) Mr. Anarul Islam, Sub-Inspector of Police of Jiaganj Police Station;(5)three police constables of Jiaganj Police Station.

Date and Time of occurrence: - On 7^th June 2010 at around 1 AM

Place of occurrence: - In the residence of victim Mr. Fulchand Mondal

Case Details: - Mr. Fulchand Mondal belonged to a socially marginalized community named "Chai", Scheduled Caste. He is a farmer and possesses 4-5 Bighas of agrarian land. He is the father of two sons namely Mr. Ranjit Mondal (18 years) and Master Sanjay Mondal (16 years) and two daughters namely named Ms. Aloka Mondal (14 years) and Ms. Baby Mondal (12 years). Mr. Fulchand Mondal and his wife Ms Daimanti Mondal have been living a life under penury condition. Even after making lot of requests to local Municipality, till now Mr. Fulchand Mondal is unable to get a Below Poverty Level (BPL) card.

Mr. Dulal Mondal is one of victim's neighbors and he has several domestic goats. Once the goats trespassed into the farming land of Mr. Fulchand Mondal and destroyed the growing crops. A biter quarrel broke out over the issue between them.

Thereafter on 27^th October 2009 Mr. Swapan Mondal, brother of Mr. Dulal Mondal and Ms. Pinky Mondal, daughter of Mr. Dulal Mondal lodged a complaint against Mr. Ranjit Mondal, son of Mr. Fulchand Mondal at Jiaganj Police Station. According to their complaint he tried to rape Ms. Pinky Mondal on 12^th October 2009. A case was filed over the complaint vide Jiagunj Police Station Case no. 171/09 dated 27/10/2009 under section 354 (Assault or use of criminal force to a woman with intent to outrage her modesty) of Indian Penal Code. Later Mr. Ranjit Mondal was arrested by the police personnel of Jiaganj Police Station and he was produced in Lalbagh Court on 30.10.2009. He was released on bail on the same day. After this incident villagers arranged a "Salishi Sabha" (A village level meeting for settlement of disputes) where Mr. Ranjit Mondal was fined of Rs.10, 001/-. When Mr. Fulchand Mondal and his family told their inability to pay the amount, Mr. Ranjit Mondal and his mother Ms Daimanti Mondal were beaten by the leaders of the said Salishi Sabha namely Mr. Ramen Sarkar and his companions Mr. Kappur Mondal, son of Mr. Laxmi Mondal, Mr. Jogesh Mondal of Mohanbagan Village, Mr. Babu Majumdar and Mr. Swapan Mondal from Kashiganj village.

Mr. Dulal Mondal wanted to create more harassment on Mr. Fulchand Mondal. With such intention on 30^th October 2009, Mr. Swapan Mondal and his father Mr. Dulal Mondal with some of his relatives entered into Mr. Fulchand Mondal's house in absence of him and his sons. Mr. Dulal Mondal and his companions brutally assaulted Ms. Daimanti Mondal and her daughter Ms. Aloka Mondal with the help of sticks and henso (a sharp weapon). After returning to his residence Mr. Fulchand Mondal was shocked to see the physical condition of his wife and daughter. He went to Jiaganj Police Station to make a complaint against Mr. Dulal Mondal and his companions on 31^st October 2009 but surprisingly the then Duty Officer of Jiaganj Police Station refused to accept any complaint from him. After this incident on 15^th November 2009 Mr. Fulchand Mondal filed a petition of complaint against Mr. Dulal Mondal and his companions in the court of Additional Chief Judicial Magistrate (ACJM) Court, Lalbagh under Section 156(3) of Criminal Procedure Code. This compelled the police to start a case against those perpetrators vide Jiaganj Police Station Case no. 190/09 dated 9^th December 2009 under Sections 449( House Trespass in order to the commission of an offence punishable with death) / 506 ( criminal intimidation) / 34 (common intention) of Indian Penal Code(IPC). But here also Mr. Dulal Mondal and his companions got bail very easily allegedly in connivance with the police personnel of Jiaganj Police Station.

Thereafter Mr. Dulal Mondal became furious and he again freed his domestic animals to trespass into the farming land of Mr. Fulchand Mondal with sole intention to destroy the crops. This incident took place on 27^th January 2010. Then Mr. Dulal Mondal and his companions forcibly kidnapped Ms Daimanti Mondal and confined her in one of the rooms in the house of Mr. Dulal Mondal in the absence of her husband Mr. Fulchand Mondal and her sons. In the closed room they brutally assaulted her with the help of sticks and henso (sickle).

Due to this incident on 26^th February 2010 Mr. Fulchand Mondal again went to ACJM court, Lalbagh to file a petition of complaint under section 156(3) of Criminal Procedure Code against those accused persons after his written complaint was not accepted by the then Duty Officer of Jiaganj Police Station on 27^th January 2010. On the basis of that a police case was registered vide Jiaganj Police Station Case no. 41/10 dated 20^th March 2010 under Section 341(Wrongfully restraining any person) / 363 (Kidnapping)/ 325 (punishment for voluntarily causing grievous hurt)/ 354 (Assault or use of criminal force to a woman with intent to outrage her modesty) / 307 (Attempt to murder) / 406 (criminal breach of trust) of Indian Penal Code. Mr. Dulal Mondal and his brother Mr. Mahadeb Mondal were arrested by police but they got bail after production in ACJM Court, Lalbagh.

To take revenge for this incident on 4^th May 2010 Mr. Dulal Mondal lodged a false criminal case in ACJM court in Lalbagh under Section 156(3) of Criminal Procedure Code. According to their complaint, Mr. Swapan Mondal, brother of Mr. Dulal Mondal was kidnapped and then murdered by Mr. Fulchand Mondal and his family members namely Ms. Daymanti Mondal (wife), Mr. Sanjay Mondal (son), Mr. Krishna Mondal (brother), Mr. Chhedu Mondal (brother in law)).

On the basis of that complaint Mr. Tuhin Biswas, the Officer in Charge (OC) of Jiaganj Police Station started a police case vide Jiaganj Police Station Case no. 84/10 dated 10^th May 2010 under sections 364 (kidnapping or abducting in order to murder)/ 201(causing disappearance of evidence of an offence committed or giving false information touching it to screen the offender, if a capital offence) / 34(Acts done by several persons in furtherance of common intention) of Indian Penal Code (IPC).

On 7^th June 2010 at around 1 AM (after midnight) Mr. Anarul Islam, Sub Inspector (SI) of Jiaganj Police Station with 3 constables (in uniform) forcibly entered into the residence of Mr. Fulchand Mondal and arrested him and his wife while no woman police personal was present. While arresting, police personnel kicked them and used several filthy words. The police produced them in ACJM Court, Lalbagh on the same day and they were remanded to police custody for 3 days by the court. But in remand period those police personnel did not proceed for any investigation. Mr. Anarul Islam, SI of Police of Jiaganj Police Station reportedly took Rs. 1000/- as bribe from Mr. Fulchand Mondal assuring him to end further harassment.

Before the arrest of Mr. Fulchand Mondal and his wife Ms. Daimanti Mondal and their son namely Ranjit Mondal, their neighbors namely Mr. Panchanan Haldar son of late Mr. Ramapada Haldar , Mr. Sridas Mondal son of late Mr. Kedar Mondal, Mr. Prasana Biswas son of late Mr. Satu Biswas and Mr. Khokon Das son of Mr. Biren Das informed Jiaganj Police Station verbally and also in written that Mr. Swapan Mondal who was allegedly kidnapped and murdered by Mr. Fulchand Mondal as per the complaint of Mr. Dulal mondal is alive but those police personnel did not investigate the same.

On 10^th June 2010 police personnel of Jiaganj Police Station produced Mr. Fulchand Mondal and his wife in Lalbagh ACJM Court and the Investigation Officer of this case Mr. Anarul Islam was ordered by the court to produce the case diary of this incident. On 21^st June 2010 Mr. Anarul Islam produced the Case Diary before the said court and after observing it the Lalbagh ACJM court rejected the bail prayer of Mr. Fulchand Mondal and his wife. They were sent to Berhampur Central Correctional Home, Murshidabad. Subsequently on 5^th July 2010, 20^th July 2010 and 21^st July 2010 Mr. Fulchand Mondal and his wife were produced in Lalbagh ACJM court and every time their bail prayer was rejected.

On 4^th August 2010 the Investigating Officer of this case Mr. Anarul Islam filed Charge-Sheet( being no. 144/10) under sections 341(wrongfully restraining any person) / 323 (punishment for voluntarily causing hurt)/ 506 (Criminal Intimidation) / 34 (Acts done by several persons in furtherance of common intention) of Indian Penal Code (IPC). On the same day Mr. Fulchand Mondal and his wife Ms Daimanti Mondal got bail from the said ACJM court. Surprisingly there was no charge under Indian Penal Code in the charge sheet related with the alleged kidnap and murder of Mr. Swapan Mondal for which they languished behind the bar from 7^th June 2010 to 4^th August 2010.

--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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

--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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

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