Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding false cases being filed against two persons in Malda, West Bengal. The cases were filed against them for cultivating poppy on their fields, which the victims deny claiming that the lands they own are ‘nama’ land on which it is not possible to cultivate poppy. The second victim also claims that a case was registered against and notice sent in the name of his dead father.
CASE NARRATIVE:
A case was registered against 76 persons under sections 18(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging that these persons, who were land owners, were illegally cultivating poppy plants. MASUM has conducted a fact finding exercise in order to follow up on the complaint of Mr. Bijan Kumar Karmakar, Sub-Inspector of Excise, English Bazar Circle, Malda where a case (Special Case no.66/2016) was registered against the 76 persons.
The fact finding revealed that the victim Mr. Lutal Mandal (71), was implicated in the criminal case even though he has never been involved with poppy cultivation. On 24 July 2017, Mr. Mandal submitted a written complaint before the Superintendent of Police, Malda stating that he is the owner of a land situated at Dag nos. 383 and 557, Khatian no.742, J. L. no.152 in Mouza-Mallikpara. He states that the nature of this land is “Nama” (in Bangla) which means wet low land. He stated it was not possible to cultivate poppy on this land and therefore it is ludicrous that he is an accused person in this case. However, no action has yet been taken by the Superintendent of Police on his complaint
Mr. Lutal Mandal was issued a notice to present himself before the office of the Excise Department, where he filed a written declaration on oath that he has never cultivated poppy on his land and that it was not possible to cultivate poppy on it. Mr. Mandal has not obtained any relief from the Excise Department either.
The fact-finding visit revealed that there is another victim, Chittaranjan Mandal, who stated that his father Nagendranath Mandal was the owner of two plots of land, one at Dag no.566 and the other at Dag no.635 (under Khatian no.390, JL No.152, Mallikpara Mouza), in Malda. After the demise of Nagendranath Mandal, his sons, being the legal heirs, namely Mr. Niranjan Mandal, Mr. Monoranjan Mandal, Mr. Chittaranjan Mandal (the victim) and Mr. Dipak Mandal sold the land at Dag no.566 in 2011, by a registered deed of sale, to Mr. Kartik Chandra Mandal and Mr. Naba Kumar Mandal. In spite of the fact that Nagendranath Mandal is dead, his name was mentioned as one of the accused persons in the aforesaid Special Case no.66/2016. Moreover, in connection with the said case, Mr. Utpal Dey, O. C. of Excise, English Bazar Circle, Malda even issued a notice dated 5 November 2016 in the name of Nagendranath Mandal to appear before him on 18 November 2016 at 10 a.m.
The victim Mr. Chittaranjan Mandal stated that he and his siblings became the co-sharers in respect of the plot of land at Dag no.635 after the demise of their father, but he has been harassed by the Excise Department personnel. His land was also “Nama”, where it is not possible to cultivate poppy. He has submitted a written complaint before the Superintendent of Police, Malda, but no action has yet been taken.
ADDITIONAL INFORMATION:
The Superintendent of Police, Malda, by not making any response on the representations of the victims, is in violation of Regulations 24 and 33 of the Police Regulations, Bengal, 1943, as well as violation of Article 21 of the Constitution of India. If there is no evidence against the victims, the police and excise officials must drop the cases. They must explain on what basis a case has been filed against Lutal Mandal, and how it is possible to file a case against a dead person.
SUGGESTED ACTION:
Please write letters to the following authorities urging them to take action and instruct the police and excise officials to drop the false cases and in the minimum, investigate the complaints filed by the victims and take the necessary action.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Poor farmers falsely implicated by Police and Excise officials in West Bengal
Name of victim: Lutal Mandal (71) and Chittaranjan Mandal
Names of alleged perpetrators: Superintendent of Police, Malda and Excise Department officials of English Bazaar Circle
Date of incident: 24 July 2017
Place of incident: Malda, West Bengal
I am writing to voice my deep concern regarding false cases being filed against two persons in Malda, West Bengal. The cases were filed against them for cultivating poppy on their fields, which the victims deny claiming that the lands they own are ‘nama’ land, a type of land on which it is not possible to cultivate poppy. The second victim also claims that a case was registered against and notice sent in the name of his dead father.
The details of this situation are with the Asian Human Rights Commission (AHRC) who has received information regarding this from MASUM, AHRC’s partner organization in West Bengal. A case was registered against 76 persons under sections 18(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, alleging that these persons, who were land owners, were illegally cultivating poppy plants. AHRC’s partner organization, MASUM has conducted a fact finding exercise in order to follow up on the complaint of Mr. Bijan Kumar Karmakar, Sub-Inspector of Excise, English Bazar Circle, Malda where a case (Special Case no.66/2016) was registered against the 76 persons.
The fact finding revealed that the victim Mr. Lutal Mandal (71), was implicated in the criminal case even though he has never been involved with poppy cultivation. On 24 July 2017, Mr. Mandal submitted a written complaint before the Superintendent of Police, Malda stating that he is the owner of a land situated at Dag nos. 383 and 557, Khatian no.742, J. L. no.152 in Mouza-Mallikpara. He states that the nature of this land is “Nama” (in Bangla) which means wet low land. He stated it was not possible to cultivate poppy on this land and therefore it is ludicrous that he is an accused person in this case. However, no action has yet been taken by the Superintendent of Police on his complaint
Mr. Lutal Mandal was issued a notice to present himself before the office of the Excise Department, where he filed a written declaration on oath that he has never cultivated poppy on his land and that it was not possible to cultivate poppy on it. Mr. Mandal has not obtained any relief from the Excise Department either.
The fact-finding visit revealed that there is another victim, Chittaranjan Mandal, who stated that his father Nagendranath Mandal was the owner of two plots of land, one at Dag no.566 and the other at Dag no.635 (under Khatian no.390, JL No.152, Mallikpara Mouza), in Malda. After the demise of Nagendranath Mandal, his sons, being the legal heirs, namely Mr. Niranjan Mandal, Mr. Monoranjan Mandal, Mr. Chittaranjan Mandal (the victim) and Mr. Dipak Mandal sold the land at Dag no.566 in 2011, by a registered deed of sale, to Mr. Kartik Chandra Mandal and Mr. Naba Kumar Mandal. In spite of the fact that Nagendranath Mandal is dead, his name was mentioned as one of the accused persons in the aforesaid Special Case no.66/2016. Moreover, in connection with the said case, Mr. Utpal Dey, O. C. of Excise, English Bazar Circle, Malda even issued a notice dated 5 November 2016 in the name of Nagendranath Mandal to appear before him on 18 November 2016 at 10 a.m.
The victim Mr. Chittaranjan Mandal stated that he and his siblings became the co-sharers in respect of the plot of land at Dag no.635 after the demise of their father, but he has been harassed by the Excise Department personnel. His land was also “Nama”, where it is not possible to cultivate poppy. He has submitted a written complaint before the Superintendent of Police, Malda, but no action has yet been taken.
It is apparent that these cases have been filed without any application of mind and without perusing the evidence available. It is ludicrous that the victims in this case have been accused of cultivating poppy on their lands when in fact, it is not possible to do so given the nature of the land. Further, a case was filed against a dead person and notice issued in his name, showing that these cases have been filed carelessly, not giving a thought to how it can affect innocent lives. The authorities must be instructed to drop the cases and an investigation must be conducted in to the complaints filed by the victims, in order to ascertain whether there is an substance in the accusations.
Yours Sincerely,
……………….
PLEASE SEND YOUR LETTERS TO:
1. Justice H.L.Dattu, Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O. Complex, INA
New Delhi-110023
Email: cr.nhrc@nic.in
2. Justice Shri. Girish Chandra Gupta, Chairperson
West Bengal Human Rights Commission
PurtaBhavan, 2nd Floor, Block- DF, Sector-1,
Salt Lake City,
Kolkata – 700091
Ph: +91-33-23372655
Fax: +91-33-23372655
Email:hrcwb2013@gmail.com
3. Mr. Randhir Kumar IAS
Excise Commissioner, West Bengal
32, B. B. Ganguly Street, Kolkata – 700 012.
West Bengal
Email: ec.wb-excise@nic.in
4. Surajit Kar Purkayastha, IPS,
DG and IGP, West Bengal
West Bengal police Directorate
Nabanna
325 Sarat Chatterjee road
Howrah – 711 102
Tel: 033-2214-5400
Email: dgpwestbengal@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
