Dear friends,
The Asian Human Rights Commission (AHRC) has come to learn of a case of suicide following an arrest by the Charau Market Police. MASUM, a partner of the AHRC in India has informed us that Mr. Sudeb Pal was found hanging from a tree near the Lake Gardens flyover soon after his release from custody.
Mr. Sudeb Pal and his brother jointly owned a two-story house at the KMDA Housing Complex near Lake Gardens. Sudeb was unemployed and had lived with his brother, uncle and aunt. The house on the first floor was rented to Mr. Santosh Jha (Ojha). On 27 May 2006, Santosh stormed into Sudebs house alleging that he had been tempering with the water taps causing acute shortages of water within his house. Sudeb denied and refused to accept the accusations. The pair broke into a quarrel and Sudebs family members acted to intervene.
Following the incident Santosh lodged a complaint with the Charu Market Police Station. A few hours later, Sudeb, his brother Ananda Pal and Sontosh were apprehended at the Charu Market Police Station by Sub-Inspector Md. Nizamuddin. According to Sudebs sister, who had stayed with the family on Saturday, an officer placed Sudeb under arrest, handcuffed him and then dragged and shoved him into a police vehicle. It is alleged that the police were rough and had abused the brothers both physically and verbally.
The three were later released following the request from family and friends. Sudeb returned home at around 9.30pm, he had his dinner quietly and left home. At around 1:45am on Sunday, May 28 Sudeb was found hanging from a tree near the Lake Garden flyover.
When members of MASUM met with Ananda Pal, the victims brother, he stated that he was too depressed and not in a position to answer any questions relating to his brothers suicide. MASUM also met with Mr. Ajit Kumar Chowdhury, Additional Officer in Charge of the said P.S, who stated that Sudeb was arrested under section 41 of the Calcutta Police Act. Under this Act, the police had authority to arrest persons for disorderly conduct in a public place. Additional OC Ajit Kumar Choudhury told MASUM that there was a case against Sudeb, and he was brought into the police station and questioned regarding that case. According to him a neighbour of the said locality, not Santosh, lodged the complaint. MASUM was told that Sudeb was not assaulted. The Deputy Commissioner of Police (South) N. R. Babu took the same line in declining allegations of assault or misbehavior on Sudeb by police officials. It is also alleged that Sudebs family is refusing to talk about the incident owing to pressure from the local police, not to talk to anyone about the incident.
SUGGESTED ACTION:
Please write letters to the Director General of Police West Bengal with a copy to the concerned persons listed below requesting for an impartial and immediate investigation to be conducted into this case. Appropriate protection and security by government agencies concerned must also be afforded to neighbours and families so that they are able to come forward and testify about the death of Sudeb.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Mr. Subhash Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata - 1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in
Dear Mr. Awasthi
INDIA: Man commits suicide following detention at the Charu Market Police Station
Name of victim: Sudeb Pal, A-27, KMDA Housing Complex, Police Station Charu Market, Kolkata, West Bengal, India.
Names of alleged perpetrators: (i) Md. Nizamuddin, Sub-inspector, Charu Market Police Station; (ii) Other officers on duty at the said Police Station; (iii) Santosh Jha (Ojha), the tenant of the victims house
Place of incident: Charu Market police station
I am writing to bring to your attention the death of Mr. Sudeb Pal following his detention at the Charu Market Police Station. The man was found hanging from a tree near the Lake Gardens flyover only hours after his release from detention.
According to the information I have received, Mr. Sudeb and his brother Ananda Pal were apprehended at the Charu Market Police Station by Sub-Inspector Md. Nizamuddin on 27 May 2006. A few hours prior to the incident Mr. Sudeb fell into a quarrel with his tenant Mr. Santosh Jha (Ojha). It was alleged that Santosh stormed into Sudebs house alleging that he had been tampering with the water taps causing acute shortages of water within his house. Sudeb denied this and an argument ensued.
Following the incident Santosh lodged a complaint with the Charu Market Police Station. A few hours later, Sudeb, his brother Ananda Pal and Sontosh were apprehended at the Charu Market Police Station by Sub-Inspector Md. Nizamuddin. According to Sudebs sister, who had stayed with the family on Saturday, an officer placed Sudeb under arrest, handcuffed him and then dragged and shoved him into a police vehicle.The police were rough and had abused the Pal brothers both physically and verbally.
The three were later released following the request from family and friends. Sudeb returned home at around 9.30pm, he had his dinner quietly and left home. At around 1:45am on Sunday, May 28 Sudeb was found hanging from a tree near the Lake Garden flyover.
When the members of MASUM met with Ananda Pal, the victims brother, he stated that he was too depressed and that he was not in a position to answer any questions relating to his brothers suicide. MASUM also met with Mr. Ajit Kumar Chowdhury, Additional Officer in Charge of the said P.S, who stated that Sudeb was arrested under section 41 of the Calcutta Police Act. Under this Act, the police had authority to arrest persons for disorderly conduct in a public place. Additional OC Ajit Kumar Choudhury told MASUM, that there was a case against Sudeb, and he was brought into the police station and questioned regarding that case. According to him a neighbour of the said locality, not Santosh, lodged the complaint. MASUM was told that Sudeb was not assaulted. The Deputy Commissoner of Police (South) N R Babu took the same line in declining allegations of assault or misbehavior on Sudeb by police officials.
In light of the points I have raised above, I request that you ensure a fair and thorough investigation into the alleged conduct of the police personnel. If it is found that the alleged perpetrators committed crimes against the victims with the result that Mr. Sudeb ended his life, appropriate action must be taken to charge them.
I look forward to your urgent intervention in this matter.
Yours sincerely,
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PLEASE SEND COPIES TO:
1. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in
2. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in
3. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata 700027
West Bengal
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in
4. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
