INDIA: Illegal detention and custodial torture by West Bengal Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner MASUM, a local nongovernmental organisation about the arrest and torture of an innocent person by police officers from Kharda Police Station on 14 December 2005.
The victim, Mr. Vijay Kumar Jaiswal was illegally taken into custody from his house on 14 December 2005 and was detained in custody for about 4 days by the officers from Kharda Police Station, before he was produced before the Sub Divisional Magistrate on 18 December 2005. It is reported that the police forcefully entered the victim’s house without any arrest or search warrant. It is alleged that the police was in fact looking for the brother of the victim, with whom the victim had no contacts for the last few years. Even though the victim pleaded with the police that he did not know about the whereabouts of his brother, the police took the victim into custody and detained him for about four days and later produced him before the local magistrate on fabricated charges so as to cover up the incident. It is also alleged that the police tortured the victim on his way to the police station and at the police station. It is also alleged that the police has taken a few articles from the victim’s house during the arrest and has now registered a false case against the victim.

The Asian Human Rights Commission (AHRC) is deeply concerned about the continuing acts of torture committed by the state police in West Bengal. In the past the AHRC has appealed that the police in West Bengal is continuously violating basic standards of policing and is blatantly violating the procedural laws while investigating cases. This case is yet another incident which depicts how the police in India and in West Bengal in particular violates law and still enjoy absolute impunity, thus reiterating the observation made by the AHRC that the situation of rule of India has deteriorated into such levels which calls for immediate attention.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Mr. Vijay Kumar Jaiswal, aged 24 years, son of late Uma Shankar Jaiswal

Address: residing at K.S. Path, Kharda (near no.5 Water Tank), 24 Parganas (North) District, West Bengal, India

Date and place of the incident: 14 December 2005 at about 2.30hrs at K.S.Path and continuesly thereon at Kharda Police Station

Alleged perpetrators: Mr. Ashis Dutta, Assistant Sub Inspector and other police officers attached to Kharda Police Station, 24 Parganas (North) District, West Bengal, India

Case details:

Mr. Vijay Kumar is a mechanic repairing electronic appliences and lives with his family including his wife, his six month old son, Vijay’s mother, two sisters and his younger brother. At about 2.30 hrs past midnight on 14 December 2005, the police officers from Kharda Police Station forcefully broke into the Vijay’s house asking for Vijay’s another brother Mr. Vikki Jaiswal. Vijay informed the police that he is not aware about his brother’s whereabouts. The police did not listen to this and refused to accept Vijay’s ignorance about his brother. The police searched the house and took into custody a 14 inch television set and three mobile phones which had been kept at the victim’s house for repairs. Vijay informed the police that these articles belonged to the customers for which the police shouted at Vijay and the members of his family in filthy language.

The police then pulled Vijay out from his house and threw him into the police jeep. Once inside the police jeep the officers informed Vijay and his family that they are taking Vijay into custody and unless they produce his brother Vikki, they will not release Vijay. Vijay was brutally beaten on the way to the police station and at the police station. All along Vijay was asked to inform the police where his brother Vikki was, for which Vijay pleaded that for the last few years Vijay and his family had no information about Vikki.

Vijay was detained illegally in custody for about four days at Kharda Police Station and all along he was beaten up as a result of which Vijay suffered injuries. On 18 December Vijay was produced before the Barrackpore Sub Divisional Magistrate. On their way to the court Vijay was also taken to Balram Hospital. Before presenting Vijay before the resident medical officer the police threatened Vijay not to complain about anything to the doctor. The same threat was posed when Vijay was produced before the court. However, in the court, Vijay was given bail and he was released forthwith. It is only at the court Vijay was made aware that the police has registered a false charge of theft against Vijay (case number 303 dated 18/12/2005 of Kharda Police Station). The police have threatened Vijay that unless Vijay find out where his brother is within four days he will be arrested again on yet another false charge.

The facts of this case disclose how the police circumvent the laws and enjoy impunity even if they engage in absolute criminal activities and breach any provision of law. It is from the state of West Bengal that the land mark case decided by the Indian Supreme Court (D.K.Basu Case) originated in which the Supreme Court of India issued directions about the procedures to be followed while arresting a person. As on today these procedures laid down by the court is incorporated into the Criminal Procedure Code. However, due to the complete collapse of rule of law and the absolute impunity enjoyed by the police in the country such amendments and legal mandates makes no difference in the way police behaves and treat people in India.
The AHRC is deeply concerned about this case and request you to immediately intervene in this case. The complete impunity enjoyed by the Indian police must be condemned and the perpetrators must be brought to justice. One of the ways by which the impunity enjoyed by the Indian police could be checked is by India ratifying the International Convention against Torture. India, though has signed the convention, however, has failed to ratify it on the pretext that the domestic mechanism in India is good enough to cater the requirements of the Convention against Torture, and thus to prevent any custodial violence or ill treatment.

Suggested action:

Please write a letter or send a fax or email to the addresses listed below expressing your concern about this case. The conduct of the police officers responsible for the arrest, illegal detention, torture and fabrication of false charges must be inquired into by an independent body and an immediate medical examination of the victim must also be carried out. The police officers involved in this case must be suspended from service immediately and their actions must be brought to justice and must be punished according to law.

 

 

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