From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Dec 28, 2011 at 6:53 PM
Subject: Is District Magistrate of Paschim Medinipur a peon of police department?
To: wbmdp@nic.in, dm-mid-wb@nic.in
Cc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, WBHRC <wbhrc@cal3.vsnl.net.in>
28th December 2011
To
The District Magistrate
Paschim Medinipur
West Bengal
Ref.:- Your letter (Memo no. 795/PG Cell) dated 7.12.2011
Our complaint dated 12.9.2011
Sir,
We received your letter (Memo no. 795/PG Cell) dated 7.12.2011 in the matter of the victim Dhiren Mahato.
We perused all the forwarding letters attached with your letter and also the report prepared by Mr. Prasanta Patra, SI of Police of Manikpara B/H.
From one of the forwarding letters we found that the Sub-Divisional Police Officer, Jhargram, Paschim Medinipur vouched that the Mr. Prasanta Patra, SI of Police of Manikpara B/H submitted a detailed enquiry report. Here we understand that an enquiry means a systematic investigation of a matter of public interest. But all our hope to get a systematic and neutral investigation was pinned down on the very first hand by the fact the report was prepared by Mr. Prasanta Patra, SI of Police of Manikpara B/H when the fact remains that the perpetrator police personnel belong to the same police station i.e. Manikpara B/H.
We stated in our complaint that the mother of the victim had lodged one written complaint before the Sub-Divisional Officer, Jhargram in the matter of illegal detention of the victim. The Sub-Divisional Officer, Jhargram though received the complaint on 18.7.2011 but he chose to do nothing and he sat on the complaint till this day. But Mr. Prasanta Patra, SI of Police of Manikpara B/H before submitting his report did not bother to meet the victim's mother and question her about the complaint made by her to the Sub-Divisional Officer, Jhargram to ascertain the validity of the said complaint. This suggests that the Mr. Prasanta Patra, SI of Police of Manikpara B/H in his so called report neither disputed the complaint made by the victim's mother to the Sub-divisional Officer, Jhargram nor the contents thereof. Even the said police officer did not bother to meet the victim and his family members and collect their statement to ascertain the validity of the complaint. The said police officer also did not find it necessary to visit the place of incident from where the victim was picked up by perpetrators as alleged in our complaint. He did not meet and examine the persons who on 17.7.2011 informed the victim's family members about his apprehension by the perpetrators. He even did not examine the family members of the victim who time and again went to Manikpara B/H since the alleged apprehension of the victim on 17.7.2011. There is nothing to show on the record that the witnesses who could depose about the illegal arrest and detention of the victim suffer from any infirmity whatsoever. We being the complainant in this case were also not examined by Mr. Prasanta Patra, SI of Police of Manikpara B/H before preparing his report. According to the police report the victim was arrested on 19.7.2011 which fact falls to the ground on the points discussed above.
The report is palpably a biased report and Mr. Prasanta Patra, SI of Police of Manikpara B/H just prepared a report which was tutored to him as to what to write in the report. It is shame that Mr. Prasanta Patra, SI of Police of Manikpara B/H who prepared the report and the perpetrator police officials, all belong to the same police station who have easy access to the police records and the police record can easily be manufactured and twisted at their whims. It is shame that if members of a police force resort to illegal acts, if the other members of the same police force and administration do not record and investigate complaint in a just, fair and reasonable manner then it betrays scant respect for the life and liberty of innocent citizens and expose the willingness of others in uniform to lend a helping hand to their fellow brothers.
The statement in the report that the memo of arrest was signed by the wife of the elder brother of the victim is nothing but a cock and bull story and even if such a memo of arrest exists it was falsely prepared. We challenge the validity of the so called 'memo of arrest' as the police report claims that the victim was arrested on 19.7.2011 at 9.15 hrs from Bandhgora Road, Deer Park area, but no explanation was put forth in the report as to why none from locality from where the victim was arrested was named as witness of the arrest of the victim in the said so called memo of arrest prepared by the police.
The report is absolutely silent on the medical examination of the victim since his alleged apprehension. The report also did not disclose as to how the name of the victim transpired in the criminal case in which the victim was implicated by the police, though the report admitted that victim was not admitted in the FIR. The silence of Mr. Prasanta Patra, SI of Police of Manikpara B/H in this regard indicates that a false case was foisted against the victim.
It appears from your previous response (your letter vide Memo no.564/1(2)/P.G. Cell dated 20.9.2011) that you directed the Superintendent of Police, Paschim Medinipur to cause an enquiry into the matter. Then the Superintendent of Police, Paschim Medinipur vide Memo no. 1489/V/CA dated 20.10.2011 communicated the Sub-Divisional Police Officer, Jhargram, Paschim Medinipur. Lastly Mr. Prasanta Patra, SI of Police of Manikpara B/H prepared a report in the matte of the victim Dhiren Mahato. Then the said report was sent to the Sub-Divisional Police Officer, Jhargram, Paschim Medinipur, then to the Superintendent of Police, Paschim Medinipur and then to you. Therefore everybody had a look into the report and has consent on the same. We are surprised to see that the officials from top to bottom shamelessly passed the report of a petty police officer which is nothing but a nullity in the eye of free and fair process of enquiry.
Therefore we by our present letter want to give a strong message of shame to you and also to your subordinates that present incident is a magnificent example where the whole administration jointly acted to protect the perpetrators by using their power and authority. We have no hesitation to say that you are not paid from our taxpayers for perpetrating torture, acting contrary to law and shielding the offenders in uniform. Till date it is true that the offenders of custodial torture manage to go free with the passive support of their superiors like you and your subordinate officers. Our courts of law from time to time by various judicial pronouncements condemned the custodial torture and violence and cautioned the men in uniform not to protect the offenders involved in committing such heinous crime but it seems that you and your subordinates did not take any lesson till date.
Lastly as an administrative head of the district you failed to discharge your duties under regulation 19 of the Police Regulation of Bengal, 1943. We are copying this letter including all your responses, report and our complaint in the matter of the victim to your higher officials and also to other authorities for their lawful knowledge and necessary action.
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
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