From: Kirity Roy <kirityroy@gmail.com>
Date: Mon, Jun 25, 2012 at 4:30 PM
Subject: Is West Bengal Police above the law ?
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in>, 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>, DM Murshidabad <dm.murshidabad@gmail.com>, dm-mur@wb.nic.in, dgp_westbengal@gmail.com
25 June 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New delhi-110001
Respected Sir,
We are lodging this complaint on behalf of the victim on the basis of our fact finding report against the Inspector-in-Charge of Kandi Police Station, District-Murshidbad, West Bengal for showing deliberate and intentional omission of duty with motive to screen the offender.
The fact remains that the victim came under deadly attack on 13.10.2011 by his brother namely Mr. Dilip Das who works as a home guard at Kandi Police Station. On the date of the incident victim lodged complaint at Kandi Police Station and he remained in admission at Kandi Hospital from 13.10.2011 to 19.10.2011 for medical treatment. On 20.10.2011 he went to police station to get the complaint number against his complaint which was submitted on 13.10.2011, but he did not get anything. Thereafter the police harassed him for several days without giving any number against his complaint and asked him to file one fresh complaint which the victim duly complied with by narrating the entire incident of deadly assault committed upon him. In the complaint he also mentioned that he and his family members are at present under threats from Mr. Dilip Das and his daughter namely Ms. Tripti Das who is a constable at Kandi Police Station. But the police only issued one GDE number instead of registering an FIR against the accused. The police is deliberately keeping abstain from taking any action against the accused Mr. Dilip Das as he works as a home guard at Kandi Police Station and his daughter Ms. Tripti Saha also works as a constable at Kandi Police Station. The police also not properly acknowledged the complaint of the victim by registering an FIR as the complaint lodged by the victim disclosed the commission of cognizable offences. Our attached fact finding report gives details of the incident.
Equality before the law is granted in our Constitution which means that law is one and same for all, however in its implementation and enforcement the police are taking biased stand which is evident in the present incident.
Hence we seek your urgent intervention in this case in following manner:-
- The whole matter must be investigated by one neutral investigating agency preferably by the Commission's own investigating wing.
- Direct the concerned authorities to register an FIR immediately against the accused persons on the basis of the complaint of the victim and the police of Kandi Police Station must be kept aside from doing any investigation into the matter.
- The perpetrator police personnel of Kandi Police Station must be booked under the law for their alleged illegal acts and omission of duty and be punished accordingly.
- The victim must be provided with adequate compensation and protection.
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
====================
Particulars of the victim:- Mr. Narayan Chandra Saha, son of late Rameswar Saha, aged about-47 years, by faith-Hindu, by occupation-labourer, residing at village-Jemo Raghunathput, Police Station-Kandi, District-Murshidabad, West Bengal, India.
Particulars of the perpetrators: - (1) Mr. Dilip Saha being Home Guard at Kandi Police Station; (2) Ms. Tripti Saha being a constable at Kandi Police Station; (3) The Inspector-in-Charge of Kandi Police Station and other involved police personnel of Kandi Police Station.
Date & time of incident: - On 13.10.2011 in the morning
Place of incident: - Inside the property of the victim situated at Dag no.435/754, Khatian no. 1197
Case Details:-
It is revealed during the fact finding that the victim is economically poor and he earns his livelihood by doing labour in Bidi binding. He has no landed property. He looks after his five family embers. The victim got a land measuring about 4 Decimals situated at Dag no.435/754, Khatian no. 1197from his mother Ms. Champaklata Dasi by way of gift. The victim resides in the said land with his family members erecting a small house. The elder brother of the victim namely Mr. Dilip Saha also resides in the remaining portion of property situated at Dag no.435/754, Khatian no. 1197. He works as a home guard at Kandi Police Station since the year 1983. On 13.10.2011 in the morning the victim tried to give a boundary wall in his property with proper permission from Kandi Municipality. But Mr. Dilip Saha forcibly trespassed into the property of the victim and attacked him with a sharp cutting weapon "Hansua". He several times struck the victim with the "Hansua" and the victim soon fell on the ground sustaining grievous bleeding injuries. The family members and some neighbours of the victim brought the victim to Kandi Police Station and the on duty police officer received one written complaint signed by the victim. The said written complaint was written by the daughter of the victim narrating the entire incident. The on-duty police officer issued one forwarding letter to hospital for immediate treatment of the victim. The victim remained in admission for treatment in Kandi Hospital from 13.10.2011 to 19.10.2011. The victim after being discharged from the hospital went to Kandi Police Station on 20.10.2011. He requested the G. D. officer (the on-duty police officer who records information in General Diary Entry Book) to give him the complaint number regarding the complaint submitted by him on 13.10.2011. The on-duty police officer asked him to talk with the Inspector –in-charge of the police station. The victim waited for hours to talk with the Inspector –in-charge but failed. The victim from 20.10.2011 to 23.10.2011 went to police station to get the complaint number, but the Inspector –in-charge and the G.D. Officer asked him to file one fresh complaint again. The victim submitted one fresh complaint narrating the entire incident happened on 13.10.2011 and the victim in the same complaint submitted that the said Mr. Dilip Das and his daughter Ms. Tripti Das who is a constable at Kandi Police Station have been threatening the victim and his family members with dire consequences. But the Duty Officer at police station just issued one slip GDE no. 1449/2011 dated 24.12.2011 against the complaint. The police did not take any action till date against Mr. Dilip Saha and/or his daughter Ms. Tripti Saha. The complaint lodged by the victim disclosed the commission of cognizable offences by Mr. Dilip Saha, but the police instead of initiating a First Information Report (FIR) against the accused on the basis of the victim's complaint only issued one chit of paper mentioning the GDE number.
The victim submitted written complaint before the Superintendent of Police, Murshidabad against the perpetrator police personnel but till date there has been no action on his complaint.
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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