[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Indian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Indian authorities are attached below with this appeal. Thank you.]
INDIA: Illegal arrest and detention; police corruption; torture; un-rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information from our partner organization Masum regarding an alleged illegal arrest, detention and torture of a man namely Zakir SK by the Jalangi police in Murshidabad district, West Bengal, India on 28 September 2006. The alleged reason for the victim’s illegal detention and torture is due to his complaint against local criminals who has good associations with the Jalangi police. The victim is still illegally being detained in the lock-up at the Jalangi police station without any case against him and the police are reportedly threatening him to withdraw his complaint against the mentioned two men.
At around 6:00pm on 28 September 2006, when Zakir SK was breaking fast (Ramjan month) along with his family members, one police jeep arrived in his house in 20 Sitanagar village, Jalangi police station, Murshidabad district, West Bengal, India. Some policemen led by two Assistant Sub Inspectors (ASIs) Mr. Sailen Chakraborty and Mr. Soumen Singha then entered the house, arrested Zakir and put him into the police jeep. A memo of arrest and the reason for his arrest was not presented to Zakir’s family in violation of the arrest procedures. Since then, Zakir has been detained in the the Jalangi police station lock-up, while being threatened and tortured by the police.
On September 29, Zamal SK, Zakir’s brother, went to the Jalangi police station to see Zakir. After meeting him, Zamal went to Domkal and tried to submit a written complaint to the sub divisional officer (SDO) regarding the illegal arrest and detention of his brother. However, the SDO was not in the office at that time and the on-duty officer at the SDO office did not receive his complaint.
He then went to the district head quarter in Baharampur and tried to lodge a complaint before the judicial magistrate in-charge who takes police files. But he again failed to do so because the judicial magistrate acting as CJM-in-charge already left the court by that time as it is Puja vacation now. After that, Zamal tried to lodge a complaint to the district magistrate (DM) and the superintendent of police of Murshidabad district but again failed to do so as they were also not in the office. Finally, Zamal sent his complaint to DM by fax on the same day.
After hearing the incident from the victim’s family, Masum contacted the SP of Murshidabad and asked his immediate intervention into the case. However, no action has yet been taken and Zafir remains in the Jalangi police station lock-up up to date.
According to the victim’s family, a man namely Liakat Ali is the kingpin of the local cross border smuggling and another man namely Sahabul SK is Liakat’s right-hand man. Liakat and Sahabul allegedly run their illegal business without having any problem by giving a bribe to the Jalangi police.
On 25 September 2006, Sahabul and Kamrul seriously assaulted Zakir and his 10-year-old son Mantu. Zakir and his son were treated at the emergency ward of Sagarpara Hospital due to injuries sustained from the assault. Zakir lodged a complaint against these two men with the Jalangi police station (refer to: Jalangi police station General Diary (GDE) No. 1308 dated 25.9.2006). Zakir’s family says that the Jalangi police illegally arrested and detained Zakir to support these men and is threatening Zakir to withdraw his complaint against the two men.
ADDITIONAL COMMENT:
This is not an isolated case that shows brutality of the Jalangi police. The AHRC has previously issued several appeals regarding brutality of the Jalangi police and their apparent inaction into the complaints lodged with the Jalangi police station. Some of those cases are as follows:
UA-283-2006: INDIA: Jalangi police continues unabated brutality in Murshidabad district of West Bengal
UA-259-2006: INDIA: Evicted family being denied support by the police in Jalangi, Murshidabad District, West Bengal
UP-132-2006: INDIA: Jalangi police forged First Information Report to assist perpetrators in obtaining bail
UA-232-2005: INDIA: Police refuse to register First Information Report and act on a complaint by the wife of a victim in West Bengal
UA-163-2005: INDIA: West Bengal police beat man to death then threaten local population
UA-130-2005: INDIA: Non-cooperation by police in the case of a young man’s death in West Bengal
UA-116-2005: INDIA: Illegal detention, blatant violation of laws and threat to life of three people
UA-73-2005: INDIA: Two years on, victim’s father is still waiting for justice
UA-59-2005: INDIA: Police attack on human rights defender and his family in Murshidabad, West Bengal
SUGGESTED ACTION:
Please write to the relevant authorities listed below and express your deep concern about this serious case. Please urge them to immediately release the victim and conduct an impartial and thorough inquiry into the incident.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: A man is illegally being detained due to police corruption
Name of victim: Zakir SK, son of Mr. Jahan SK, resident of 20 Sitanagar village, Jalangi police station, Murshidabad district, West Bengal, India
Alleged perpetrators:
1. Mr. Sailen Chakraborty, Assistant Sub Inspector (ASI) of the Jalangi police station
2. Mr. Soumen Singha, ASI of the Jalangi police station
3. Mr. Somnath Banerjee, Sub Inspector (SI) and Officer in Charge (OC) of the Jalangi police station
4. Mr. Sahabul SK, son of Saiyam SK of 20 Sitanagar village
5. Mr. Kamrul SK. son of Sahabul SK of 20 Sitanagar village
Date of incident: 28 September 2006
Place of incident: Jalangi police station
I am deeply concerned by an alleged illegal arrest, detention and torture of a man namely Zakir SK by the Jalangi police in Murshidabad district, West Bengal, India on 28 September 2006. I was informed that the alleged reason for the victim’s illegal detention and torture is due to his complaint against two local criminals who has good associations with the Jalangi police.
According to the information I have received, at around 6:00pm on 28 September 2006, Zakir SK was illegally arrested by the policemen led by two Assistant Sub Inspectors (ASIs) Mr. Sailen Chakraborty and Mr. Soumen Singha of the Jalangi police station. A memo of arrest and the reason for his arrest were not presented to the victim’s family at the time of the victim’s arrest. Since then, the victim has been detained in the lock-up of the Jalangi police station while, being allegedly threatened and tortured by the police.
The victim’s family insists that the police harassment against Zakir is due to his complaint against two local men namely Sahabul and Kamrul, who seriously assaulted the victim and his 10-year-old son on 25 September 2006(refer to: Jalangi police station General Diary (GDE) No. 1308 dated 25.9.2006). These two men reportedly run illegal smuggling business with the protection of the Jalangi police, who receive bribes from them. The victim’s family says that the Jalangi police are threatening Zakir to withdraw his complaint against the concerned two men.
I was also informed that on September 29, Zamal SK, Zakir’s brother made several attempt to lodge a complaint regarding his brother’s case to the sub divisional officer (SDO) Domkal, the judicial magistrate in-charge in in Baharampur and the district magistrate (DM) and the superintendent of police of Murshidabad. However, all his attempts have failed as none of them were in the office as it is Puja vacation now. Finally, Zamal sent his complaint to DM by fax on the same day. However, no action has been taken into this case and as a result, Zafir remains in the custody of the Jalangi police till now.
I am disgusted by the flagrant abuse of the Jalangi police’s state-appointed positions of authority against an innocent man in this case. I therefore strongly urge you to order a prompt and thorough investigation into this incident and take strong action against the accused police officers. I also request you to ensure the victim’s immediate release and ensure that the accused police officers are suspended from their duties while the investigation is going on for the purpose of the victim’s security. The victim should be released also should be provided adequate compensation.
I look forward to your prompt and effective response in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
- Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341
- 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
- Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328
Email:chiefsec@wb.gov.in
- Mr. Shivraj V. Patil
Home Minister
Ministry of Home Affairs
Jaisalmer Hosue
New Delhi
INDIA
Fax: +91 11 23094221/ 23794833
- Justice A. S. Anand
Chairperson
The National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail:chairnhrc@nic.in
- Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
- 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)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
