Dear friends,
The Asian Human Rights Commission (AHRC) has learned that the Paikgachha police have compiled at least four fake cases against a businessman after he complained about them to higher officials. The victim was detained in prison for 100 days under judicial magistrate Mr. Seyed Habibul Islam and the Officer-in-Charge (OC) at the time, Mr. Hashem Ali Khan. After repeated detention, torture and a ludicrous series of fabricated cases against him and the witnesses supporting him, the victim and his family are gaining little ground. However in court today he will challenge the early discharge of all the accused officers by other police personnel without any kind of credible investigation. Extensive details of the case can be found below. Please lend your support to his fight to expose police corruption in the country.
CASE DETAILS: (From reports by the victim and eyewitnesses)
According to information we have received, officers at Paikgachha police station were annoyed with Mr. Golak Chandra Mandal after he made a complaint against the local police for defaming him in an official meeting. (For further details, please see the background information). Mandal is the owner of a shrimp farm on around 20 acres of land area.
A Magistrate’s anti-judicial actions:
The case began when a business rival of Golak filed a case (G. R. 71/07, under Sections 143, 447, 323 and 325 of the Penal Code 1860) against him and 14 others. The police investigation report discharged two persons, including Golak, and brought charges against the 13 others. However the Senior Judicial Magistrate’s Court issued warrants of arrest for these two, while granting bail to the 13 charged persons. It was alleged that the action was part of an extortion racket arranged by Paikgachha police, involving Magistrate Mr. Seyed Habibul Islam and the Soladana union council chairman, Mr. S. M. Abdul Mazid Sana, who Golak was planning to run against. On 17 September 2008, Golak applied for bail but was sent by Islam to prison. However he was granted bail by the higher courts (the Session Court in Khulna) on 5 October, 2008. It is alleged that OC Hashem Ali Khan had been given 400,000 taka from the union council chairman and his associates, to have Golak kept in prison indefinitely.
The first fabricated case:
During his detainment the Paikgachha police registered a fake deception case (21 September, No. 37, G. R. No. 314, under Sections 406, 420 and 385 of the Penal Code-1860) that had supposedly happened five years earlier. A Mr. Shahjahan Gazi was made complainant of the case. The Senior Judicial Magistrate Court of Paikgachha, which previously Golak’s detainment, rejected his bail petition but Golak was granted an anticipatory bail by the Sessions Judge’s Court of Khulna on 9 November 2008. However he was not released from jail because of the fabricated murder charges.
The police investigator, Inspector Nasir Uddin, was unable to prove the alleged crimes against Golak and in his final report on 10 March, recommended that he be discharged that a counter case be initiated against the complainant. However Golak’s relatives were asked to pay bribes to the police officers for the investigation report.
The second fabricated case:
On 4 August 2008, a shrimp farm worker, Mr. Shahjahan was murdered in Paikgachha and a murder case (General Register Case No. 251, under Sections 143, 447, 379, 302 and 34 of the Penal Code, FIR No. 10) was lodged by Mr. Sheikh Abdul Karim. The complainant accused 31 persons for the murder; Golak was not among the accused. However the police brought the charges against Golak, and on 26 October 2008 three witnesses agreed to implicate him after an alleged three days of being detained and beaten.
On 27 October 2008 the police used the testimony (Page-1 and Page-2) of the three witnesses and sent a petition to the Court requesting that Golak, who was already in detention at the Khulna District Jail, be shown the arrest warrant for that murder case. They also submitted a petition to the Senior Judicial Magistrate Court seeking police remand for him for seven days. The Court ordered him to be detained until the remand petition was heard, and after hearing it on 25 November 2008, granted remand for three days in police custody. During these three days he was tortured, and his relatives were told that he would be permanently disabled unless the OC was sufficiently bribed. Golak’s brother Mr. Shailen Mandal and another relative, Mr. Gopal, reportedly paid the OC 15,000 taka, though Golak was then still made to stand for a full night with his hands cuffed and tied. On 28 November he was sent back to Khulna District Jail.
According to records documented by human rights defenders, Golak was staying at a hotel in Khulna, around 60km from the scene of murder when it took place on 4 August 2008. However he remained in prison until 23 December 2008, when the Sessions Judge’s Court granted him bail. He was released from jail on 27 December, after more than three months in jail.
The third fabricated case:
On 22 October 2008 the Paikgachha police collaborated with officers at Batiaghata police station in Khulna to lodge another fake deception case. Particularly significant is the fact that Golak was in jail at the time of his alleged crime. However this did not hinder the case, which was recorded with the Court as a G. R. Case No. 187/08, under Sections 406, 420 and 419 of the Penal Code-1860 (FIR No. 9), with Inspector Saiful Islam from the Detective Branch of Khulna as complainant. On 4 November 2008, the Paikgachha police submitted a petition to the Court seeking that Golak should be shown the new arrest warrant, which the court did.
The Chief Judicial Magistrate’s Court of Khulna granted Golak anticipatory bail on 17 November and no proof materialized against him. On 24 January 2009 an investigation report discharged him, and Golak appealed to the court to be permanently discharged from the case. The court received the final report of the Batiyaghata police on 8 April.
The court then fixed 26 November, 2009 to hear Golak’s petition for legal actions against the police.
The fight back:
After his release in December Golak had to go hiding, fearing that further fake charges would be lodged against him. He returned home a few months later, when the new government won the election. On 26 August 2009 he went to the Deputy Inspector General (DIG) of Police of the Khulna Range and personally submitted a petition for the punishment of the police officers involved in his illegal jailing and torture. The DIG ordered an inquiry by the present Superintendent of Police (SP) in Khulna, Mr. Shamsuddin Ahmed. The SP issued on 1 September agreeing to do so.
In response Paikgachha police reportedly arranged Golak’s attack, several days later, by student party members of the ruling Bangladesh Chhatra League in the street. The attackers beat him and forced him to call SI Delwar Hossain and promise not to complain or testify against the police again.
On 2 September Golak wrote a complaint about the assault and took it to the Paikgachha police station. The SP apparently sent the petition to the DIG, and to OC Mr. S. M. Badrul Alam, who told Golak that they would record it later. Within hours the same political group found Golak and attacked him with sticks and the blunt backside of machetes, before snatching his mobile phone and 5,000.00 taka. He was rescued by passersby and admitted to hospital.
The next day station police refuse to lodge a complaint about the latest attack, so he goes to Khulna and registers a complaint with the Speedy Trial Tribunal against various accused, including SI Delwar Hossain. The judge ordered the Paikgachha police to record the complaint as an FIR, which was registered on 8 September (FIR no. 8 under Section 4 of the Speedy Trial Act (Amendment) Ordinance-2007). The OC assigned SI Ainuddin Bishwas to investigate.
However SI Ainuddin was seen chatting with the alleged accused during his routine work and on 17 September he submitted a final report (No. 61) to the court that discharged the accused. The report, after an extremely brief investigation when compared to most in the country, said that witnesses to the alleged attack would not confirm that it took place. However after learning of the partisan investigation report five witnesses made a notarized affidavit, which was submitted to the Speedy Tribunal, on 18 October. In the affidavit they claimed that the police investigator had not contacted them nor visited the scene of crime in person, according to their knowledge.
Golak submitted his own petition of objection on 19 October. The Judge was unable to hear the petition due to absent case documents, fixed the hearing for 3 November.
Fabricated Case No. 4:
On 11 September 2009 a man, Mr. Deepak Mandal, was assaulted by a group. SI Delwar Hossain dealt personally with the Mandal at the hospital, and told the victim that the police would prepare a draft and record the case. His signature was later taken without him being allowed to read the whole complaint (recorded with Paikgachha police as FIR no. 13, dated 11 September 2009, under Sections 143, 448, 114, 323, 324, 307, 385, 386 and 506 of the Penal Code,1860).
The accused in this case are Golak and his supporting witnesses.
On 2 November Deepak made an affidavit before a Notary Public of Paikgachha noting that the police had used his case to make fake charges against Golak, who is currently again in hiding. SI Delwar Hossain has reportedly been transferred to Kustia district.
ADDITIONAL COMMENTS:
In total Golak’s resistance to police corruption has resulted in him facing four fake cases: one for murder, two for attempted murder and two for extortion and deception. Golak and his family are struggling financially as well as emotionally. They have had to pay around 200,000 taka in bribes to police and many more at administrative institutions, while spending a fortune on lawyers’ fees. Their company is suffering because of harassment from police, local political groups and business rivals.
The family are from the Hindu minority and are considering leaving the country and selling their ancestral properties due to continual threats, and the impression that no matter how hard they fight, they will never be able to set back police corruption in the area.
SUGGESTED ACTION:
Please write to the officials listed below, calling for them to investigate the extensive alleged illegal acts carried out by Paikgachha police station, including torture, corruption and the fabrication of cases. Please also ask the authorities to arrange adequate compensation for the victim.
The Asian Human Rights Commission has already written a separate letter to the UN Special Rapporteurs on Question of Torture, on the Independence of Judges and Lawyers and the Independent Expert on Minority Issues urging their interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
BANGLADESH: Police detain and torture a man after fabricating four successive cases against him due to a grudge
Name of the victim:
1. Mr. Golok Chandra Mandal, age 32, a businessman by profession, son of late Mr. Govinda Chandra Mandal, living in Khaliarchak village under the Paikgachha police station in Khulna district
Perpetrators of the alleged fabrication:
1. Mr. Ainuddin Bishwas, Sub Inspector of Police
2. Mr. S. M. Badrul Alam, Inspector of Police and Officer-in-Charge (OC)
3. Mr. Hashem Ali Khan, Inspector of Police and Officer-in-Charge (OC), recently withdrawn from the Paikgachha police station
4. Mr. Delwar Hossain, Sub Inspector of Police, recently transferred to Kustia district
All were attached to the Paikgachha Police Station at the time of the incidents
5. Mr. Gawharul Islam, Sub Inspector of Police, attached to the Batiyaghata police station of Khulna district
6. Mr. Saiful Islam, Inspector of Police, attached to the Detective Branch of Police of Khulna district
Perpetrators of the alleged beating:
1. Mr. Md. Abdullah Sardar, age 32, son of Mr. Omar Ali Sardar
2. Mr. Mizanur Rahman, age 30, son of late Mr. Zobed Gazi
3. Mr. Jagadish Paramanik, age 32, son of Mr. Sunil Paramanik
4. Mr. Mrittunjay, age 30, son of Mr. Bhushan Mandal
All are living in Sarol village under the Paikgachha police station in Khulna district
5. Mr. Md. Madhu Sheikh, age 36, son of Mr. Habibur Rahman Sheikh, living in Mekelpuraikati under the Paikgachha police station in Khulna district
Date of the latest fabricated case: 11 September, 2009
Place of incident: Police station of Paikgachha
I am extremely disturbed to hear of the impunity being enjoyed by Paikgachha police in Khulna after a series of clear fabrications and abuses against a civilian. I hear that on November 3rd he will be presenting a petition to challenge the early discharge of all the accused officers by other police personnel without any kind of credible investigation. I urge your immediate action to protect and support the victim in this action, and to ensure that a thorough transparent investigation takes place into his case.
I understand that Paikgachha police compiled at least four fake cases against Mr. Golok Chandra Mandal, the owner of a shrimp farm, after he complained about them to higher officials and planned to run against a favoured politician as chairman of the local union council. I hear that he was detained in prison for 100 days under judicial magistrate Mr. Seyed Habibul Islam and the Officer-in-Charge (OC) at the time, Mr. Hashem Ali Khan. Yet after repeated detention, torture and a ludicrous series of fabricated cases against him and the witnesses supporting him, the victim and his family are gaining little ground.
Some of the case details collected and established by the Asian Human Rights Commission and the local human rights defenders are below, for your information.
The first fabricated case:
During his detainment the Paikgachha police registered a fake deception case (21 September, No. 37, G. R. No. 314, under Sections 406, 420 and 385 of the Penal Code-1860) that had supposedly happened five years earlier. A Mr. Shahjahan Gazi was made complainant of the case. The Senior Judicial Magistrate Court of Paikgachha, which previously Golak’s detainment, rejected his bail petition but Golak was granted an anticipatory bail by the Sessions Judge’s Court of Khulna on 9 November 2008. However he was not released from jail because of the fabricated murder charges.
The police investigator, Inspector Nasir Uddin, was unable to prove the alleged crimes against Golak and in his final report on 10 March, recommended that he be discharged that a counter case be initiated against the complainant. However Golak’s relatives were asked to pay bribes to the police officers for the investigation report.
The second fabricated case:
On 4 August 2008, a shrimp farm worker, Mr. Shahjahan was murdered in Paikgachha and a murder case lodged by Mr. Sheikh Abdul Karim. The complainant accused 31 persons for the murder; Golak was not among the accused. However the police brought the charges against Golak, and on 26 October 2008 three witnesses agreed to implicate him after an alleged three days of being detained and beaten.
On 27 October 2008 the police used the testimony of the three witnesses and sent a petition to the Court requesting that Golak, who was already in detention at the Khulna District Jail, be shown the arrest warrant for that murder case. They also submitted a petition to the Senior Judicial Magistrate Court seeking police remand for him for seven days. The Court ordered him to be detained until the remand petition was heard, and after hearing it on 25 November 2008, granted remand for three days in police custody. During these three days he was tortured, and his relatives were told that he would be permanently disabled unless the OC was sufficiently bribed. Golak’s brother Mr. Shailen Mandal and another relative, Mr. Gopal, reportedly paid the OC 15,000 taka, though Golak was then still made to stand for a full night with his hands cuffed and tied. On 28 November he was sent back to Khulna District Jail.
According to records documented by human rights defenders, Golak was staying at a hotel in Khulna, around 60km from the scene of murder when it took place on 4 August 2008. However he remained in prison until 23 December 2008, when the Sessions Judge’s Court granted him bail. He was released from jail on 27 December, after more than three months in jail.
The third fabricated case:
On 22 October 2008 the Paikgachha police collaborated with officers at Batiaghata police station in Khulna to lodge another fake deception case. Particularly significant is the fact that Golak was in jail at the time of his alleged crime. However this did not hinder the case, which was recorded with the Court as a G. R. Case No. 187/08, under Sections 406, 420 and 419 of the Penal Code-1860 (FIR No. 9), with Inspector Saiful Islam from the Detective Branch of Khulna as complainant. On 4 November 2008, the Paikgachha police submitted a petition to the Court seeking that Golak should be shown the new arrest warrant, which the court did.
The Chief Judicial Magistrate’s Court of Khulna granted Golak anticipatory bail on 17 November and no proof materialized against him. On 24 January 2009 an investigation report discharged him, and Golak appealed to the court to be permanently discharged from the case. The court received the final report of the Batiyaghata police on 8 April. The court then fixed 26 November, 2009 to hear Golak’s petition for legal actions against the police.
After his release in December Golak had to go hiding, fearing that further fake charges would be lodged against him. He returned home a few months later, when the new government won the election. On 26 August 2009 he went to the Deputy Inspector General (DIG) of Police of the Khulna Range and personally submitted a petition for the punishment of the police officers involved in his illegal jailing and torture. The DIG ordered an inquiry by the present Superintendent of Police (SP) in Khulna, Mr. Shamsuddin Ahmed. The SP issued on 1 September agreeing to do so.
Attack on Golak:
In response Paikgachha police reportedly arranged attacks on Golak, several days later, by student party members of the ruling Bangladesh Chhatra League in the street. The attackers beat him and forced him to call SI Delwar Hossain and promise not to complain or testify against the police again. On 2 September Golak wrote a complaint about the assault and took it to the Paikgachha police station. The SP apparently sent the petition to the DIG, and to OC Mr. S. M. Badrul Alam, who told Golak that they would record it later. Within hours the same political group found Golak and attacked him with sticks and the blunt backside of machetes, before snatching his mobile phone and 5,000.00 taka. He was rescued by passersby and admitted to hospital.
The next day station police refuse to lodge a complaint about the latest attack, so he goes to Khulna and registers a complaint with the Speedy Tribunal against various accused, including SI Delwar Hossain. The judge ordered the Paikgachha police to record the complaint as an FIR, which was registered on 8 September (FIR no. 8 under Section 4 of the Speedy Trial Act (Amendment) Ordinance-2007). The OC assigned SI Ainuddin Bishwas to investigate.
However SI Ainuddin was seen chatting with the alleged accused during his routine work and on 17 September he submitted a final report (No. 61) to the court that discharged the accused. The report, after an extremely brief investigation when compared to most in the country, said that witnesses to the alleged attack would not confirm that it took place. However after learning of the partisan investigation report five witnesses made a notarized affidavit, which was submitted to the Speedy Trial Tribunal, on 18 October. In the affidavit they claimed that the police investigator had not contacted them nor visited the scene of crime in person, according to their knowledge.
Golak submitted his own petition of objection on 19 October. The Judge was unable to hear the petition due to absent case documents, fixed the hearing for 3 November.
Fabricated Case No. 4:
On 11 September 2009 a man, Mr. Deepak Mandal, was assaulted by a group. SI Delwar Hossain dealt personally with the Mandal at the hospital, and told the victim that the police would prepare a draft and record the case. His signature was later taken without him being allowed to read the whole complaint (recorded with Paikgachha police as FIR no. 13, dated 11 September 2009, under Sections 143, 448, 114, 323, 324, 307, 385, 386 and 506 of the Penal Code,1860).
The accused in this case are Golak and his supporting witnesses.
On 2 November Deepak made an affidavit before a Notary Public of Paikgachha noting that the police had used his case to make fake charges against Golak, who is currently again in hiding. SI Delwar Hossain has reportedly been transferred to Kustia district.
I have learned that the police fabricated all these four cases unabatedly against Mr. Golak because of his complaints to the DIG of Police of the Khulna Range seeking redress. However, the attitude and practices of the police did not change despite the transfer of officers and OCs. It appears that the higher police authorities are incapable of controlling their field-based subordinates as a result of entrenched corruption.
This case compels me to ask what the Bangladeshi authorities have been doing in order to stop the trade of justice in the country. I am aware that the Bangladeshi authorities are sensitive to allegations of human rights abuses because they believe it tarnishes the image of the country. I also wonder about the country’s image, when law-enforcement agencies and the judiciary are able to be so openly corrupt. The shame comes not only from the dysfunctional condition of the country’s rule of law but of the failure of the state to protect the fundamental rights of its people, as enshrined in the Constitution.
I strongly urge that the Bangladeshi authorities form a judicial probe commission to investigate the allegations of a wide scale trade in justice, involving the failure of mechanisms to check and punish police officers who fabricate charges against innocent people for profit. Reforms are clearly in need.
The officers in this case must be investigated and, if proven guilty of charge fabrication, corruption and torture, must be held legally accountable. Please ensure that the victim is afforded long overdue protection and compensation for his ordeal.
Yours sincerely,
—————
PLEASE SEND YOUR LETTER TO:
1. Mrs. Sheikh Hasina
Prime Minister
Government of the People’s Republic of Bangladesh
Office of the Prime Minister
Tejgaon, Dhaka
BANGLADESH
Fax: +880 2 811 3244 / 3243 / 1015 / 1490
Tel: +880 2 882 816 079 / 988 8677
E-mail: pm@pmo.gov.bd or ps1topm@pmo.gov.bd or psecy@pmo.gov.bd
2. Mr. M. M. Ruhul Amin
Chief Justice
Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 5058
Tel: +880 2 956 2792
3. Barrister Shafique Ahmed
Minister
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7160627
Fax: +880 2 7168557
E-mail: info@minlaw.gov.bd
4. Ms. Sahara Khatun MP
Minister
Ministry of Home Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +880 2 7169069
Fax: +880 2 7160405, 880 2 7164788
Email: minister@mha.gov.bd
5. Mr. Mahbubey Alam
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Annex Building
Ramna, Dhaka-1000
BANGLADESH
Fax: +880 2 956 1568
Tel: +880 2 956 2868
6. Justice Amirul Kabir Chowdhury
Chairman
National Human Rights Commission
6/3 Lalmatia, Block-D
Dhaka-1207
BANGLADESH
Telefax: +880 2 9137743
7. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters’
Fulbaria, Dhaka-1000
BANGLADESH
Fax: +880 2 956 3362 / 956 3363
Tel: +880 2 956 2054 / 717 6451 / 717 6677
E-mail: ig@police.gov.bd
8. Deputy Inspector General of Police (DIG)
Khulna Range
Office of the DIG of Khulna Range
Khulna
BANGLADESH
Fax: +880 41 761300
Tel: +880 41 761823
E-mail: digkhulna@police.gov.bd
Thank you.
Urgent Appeal Programme
Asian Human Rights Commission (ua@ahrc.asia)
