INDIA: Illegal detention of two minors by police

Dear friends,

The Asian Human Rights Commission (AHRC) has received information through its local partner the MASUM, a human rights organisation based in West Bengal regarding the illegal three-day police detention of two minors, including a 14 year- old girl. It is reported that the Juvenile Justice Board, Salt Lake, Kolkata has asked Police Superintendent of Murshidabad district to submit a report in the case. This case is an example of gross violation of procedural law. It is also alleged that the family members of the detained boy, were also detained in the Jalangi police station for hours and the police when they went to the station to inquire about the incident.  

CASE DETAILS:

A 14 year-old girl named Nuresha Khatoon and a 15 year-old boy named Pintu Shekh are residents of Dayarampur village under the jurisdiction of the Jalangi police station in Murshidabad district, West Bengal, India.

On 4 April 2007, Mr. Mohabul Malitha, father of Nuresha, informed the Jalangi police station that his daughter was missing and he suspected that she was abducted. When Pintu’s father Mr. Saider Shekh came to know about the complaint, he took both children to the Jalangi police station as proof that there was no abduction case to be made against his son. It is alleged that the children were playing together on their own free will.

Although Mr. Shekh volunteer his son and Nuresha and showed his willingness to cooperate with the police, Mr. Somnath Banerjee, the Officer-in-Charge (OC) of the Jalangi police station and Sub Inspector Mr. Tuhin Biswas locked up the two minors and ordered Mr. Shekh to leave the station. The next day at around 8:00 am, three women from Pintu’s family, Mrs. Ajena Bibi (aged 65), Mrs. Sahenara Bibi (aged 35) and Mrs. Ajera Bibi (aged 30), went to the Jalangi police station to see the boy. It is alleged that all three women were also illegally detained in the police lock-up until 2:00 pm.

It is alleged that the two minors were detained in the police lock-up at the Jalangi police station for 63 hours between 6:00 pm on April 6 to 9:00 am of April 9. It should be noted that according to Juvenile Justice Act 2000, the police have no authority to deal with the matters of Juveniles. The provision of the Act says that Juvenile Police should deal the matter of Juveniles. However, in reality, there is no juvenile police in Murshidabad district in West Bengal and minors are treated in a same manner like the adult suspects. Furthermore, according to the Act, the juveniles can not be kept in police lock-up but must be kept in home or shelter.

On April 9, both children were produced before the court of Chief Judicial Magistrate (CJM), where the boy was shown under arrest by Jalangi Police in case number 71 of 2007 dated 8 April 2007 under Sections 363 , 366A read with 34 of Indian penal Code.

It is reported that upon the order of CJM, the Judicial Magistrate, Court number 2, Beharampur, took the statement of Nuresha where she categorically stated that both of them were detained at the lock-up at the Jalangi police station between April 6 and 9 April 2007. She also stated that she was taken to the Jalangi police station by Pintu’s father on April 6. After registering the statement, the CJM sent the girl to ‘Shilayan’, a child shelter in Beharampur and Pintu was sent to jail. Later on 11 April 2007, Pintu was produced before the Board and he was granted bail in connection with Jalangi Police station case no. 71/2007 under sections 363/364A of IPC.

It is alleged that a man named Mr. Abdus Sabur Mollah, son of Abdus Samad Mollah, who is a neighbor of Nuresha, was forced by the OC of the Jalangi police station to file a concocted complaint against Pintu according to the officer’s instruction, which was subsequently treated as an First Information Report (FIR) by the police to justify the arrest. Mr. Mollah was also allegedly forced to file an affidavit in the support of the complaint filed at the CJM court to substantiate the charge.

On April 9 on the initiative of MASUM, an application, in relation to the illegal detention of both minors, was moved before the Juvenile Justice Board . JJB ordered the Superintendent of Police of Murshidabad district to submit a report in this respect. JJB also ordered for the immediate production of Pintu before the Board presided by the Principal Magistrate of the Board.

The petitioner has stated both minors were illegally detained in the police lock-up at the Jalangi police station and were not produced before the JJB. It is reported that the JJB has asked the Superintendent of Police of Murshidabad district to submit the report to JJB within 14 days. The JJB also directed to inform the Chief Judicial Magistrate, Beharampur, Murshidabad regarding the order of the JJB. In the meantime, it is alleged that the Jalangi police are trying to tamper with the evidence in the case particularly regarding the time and place of arrest of the two minors

ADDITIONAL COMMENTS:

One of the reasons behind the abuse of law and impunity enjoyed by police officers in India is corruption. Police officers often illegally detain the complainant and accused to extract money from their relatives. Often police action and charges depend upon the amount of bribe paid by the parties to a case. In such a situation, no fair investigation is possible and also violation of procedural laws becomes inevitable.

In this case, two minors were illegally detained in custody for a period exceeding the statutory limit, the family members, particularly women who came to the police station to enquire about the case were also detained, once the minors were produced before the court, the court apparently dealt with the matter as if the minors were criminals and ended up sending the boy to jail and the girl to a child shelter. The series of these incidents are a reflection of how the criminal justice system in India works.

According to Subsection 4 of Section 46 of Code of Criminal Procedure “no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.”

According to Section 50-A

(1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.

According to the Section 57, a person arrested is to be brought before court without delay. Such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court.

In the light of above information it is clear that the police grossly violated the law in respect to arresting a minor girl at 6 pm and subsequently detaining both minors involved in the case for 63 hours in the police station. In spite of the fact that a statement was recorded in court revealing the entire incident, no action has been taken against the police officers who breached the law. In the case arrest of a minor, he should be produced before a Juvenile court and after that the minor should be sent to a child reform center and not to the jail. Instead, the court dealt with the case in such a callous manner that the victims have been exposed to further threat from police and criminals detained in custody.

SUGGESTED ACTION:
Please write to the authorities listed below expressing your concerns over this case of illegal detention of minors, asking them to intervene immediately. A thorough investigation into the case must be ordered. The AHRC has already written to the UN Working Group on arbitrary detention about this case for its consideration.

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