Dear friends
The Asian Human Rights Commission (AHRC) has received information that on 27 January 2004, Officer in Charge of Sandeshkhali Police Station, West Bengal, Mr Prabir Banerjee, led a large force that shot dead Mr Gaffar Mollah, an alleged bank robber, at his house in Jhupkali village. Mr Mollah appears to have been killed execution-style by Mr Banerjee and his men. On their way back to the police station, the police stopped and arrested and beat an innocent bystander, a 17-year-old boy by the name of Riazul Mollah, of Rampur village. His father pursued the police, but was also beaten and abused. When the village community approached the police to have the boy released, Mr Banerjee assured them that he would see to it within a matter of days, after laying some petty charges “to save my own skin”. However, he subsequently charged Riazul with a number of grievous offences, including attempted murder and firearms charges. Riazul was detained in jail until April 7, when he was released on bail. Throughout that time he was not physically brought before any magistrate.
The villagers of Rampur and Jhupkali villages have been taking action on this case, by writing petitions and submitting complaints to the relevant authorities. Your urgent assistance is needed to help them in their efforts to have charges dropped against this innocent boy, and hold the police responsible for their various offences.
DETAILED INFORMATION
Victims:
1. Gaffar Ali Mollah, alleged bank robber of Jhupkali village, 24 Parganas (North) district
2. Riazul Mollah, aged 17 of Rampur village, 24 Parganas (North) district
3. Siddique Mollah, father of Riazul Mollah, also of Rampur village
Perpetrators: Officer in Charge of Sandeshkhali Police Station, Mr Prabir Banerjee, and subordinates
On 27 January 2004, police from Sandeshkhali Police Station came to Jhupkali village, 24 Parganas (North) district, where there is the house of an alleged bank robber, Gaffar. This place is 2 kms from Rampur village. The police came in a large force, with jeeps, auto rickshaws, and cycle vans. All police were in uniform.
According to eyewitnesses, the police surrounded Gaffar’s house as he was sitting beside his pond, where he was draining water in order to take the fish and sell them. As the villagers are mostly Muslims, he was intending to buy a cow with the earnings from the fishrather than from his bank robberiesto donate to the village for the Bakri Eid Festival, which was on February 2.
As the police approached, Gaffar saw them and jumped up and started to run. The police had come in a large force and surrounded the area, and they shot Gaffar as he ran, obviously unarmed. He was hit in the leg, tried to flee, but fell down. Then the police party, led by the Officer in Charge (OC) of Sandeshkhali PS, Mr Prabir Banerjee, came up to him, and standing on his chest the OC and one another officer shot him at point-blank range with their revolvers. They shot into his mouth and chest 5-6 times. After this, they took two gold rings, a wristwatch and cash from Gaffar’s body, although he was critically wounded and not yet dead at this time. When some villagers approached at the sound of the gunshots, they chased them away, waving their revolvers and cursing them with filthy language. (See photograph of Gaffar’s seven orphaned children with their grandmother and aunty: LINK)
After 5-10 minutes, the police convoy returned with Gaffar’s body in one auto rickshaw. As they passed through Rampur, Siddique Mollah and his 17-year-old son, Riazul Mollah, were catching fish in the pond of Surath Sardar. As the police came along the road, many villagers came to the roadside out of curiosity, including women and children. Riazul also came to see the police and the body. At the time he had just left the pond, was soaking wet, and was carrying fish. It was clear that he had just been fishing.
However, on seeing Riazul, OC Banerjee had the vehicle stopped, and personally got out of the car, grabbed the boy, and began beating him. The police then took him in their jeep. They did not issue a Memo of Arrest on the spot. When they reached the ferry crossing, through which they had to pass going back to the station, witnesses reportedly saw the police again beating Riazul at that location. In the ferryboat Riazul was handcuffed to Gaffar, who was not yet dead at the time, but died shortly after.
Riazul’s father rushed after the police party, and met with them before they reached the station. At that time he caught hold of the leg of the OC and begged for mercy and appealed for him to release his son. The OC, Mr. Banerjee, kicked and physically assaulted Siddique in the street, and abused him with filthy language. Then Siddique came back to the village and asked the village people to help him to get his innocent son released.
On the same morning, five senior villagers, including Rabbani Sardar, Vice President of the Gram Panchayat (Village Council) of Rampur for 15 years and the postmaster, Mr Animesh Samanta, went to the police station and met with OC Banerjee. He told them to come back at night. That night, they returned with a large number of villagers. All told OC Banerjee that he had arrested an innocent boy. According to them, OC Banerjee admitted that, “I killed one man. I arrested Riazul to save my own skin, and this news has spread far and wide, so I cannot release Riazul at this moment.” He said that the boy would be released within a few days, after some petty charges had been laid. He held the paita (Brahmin sash) he was wearing and vowed upon it that it would be his duty to see the boy released. He also promised to pay the cost of any court fees and other expenses that arose from the case. The villagers were afraid and felt they had to trust the word of the officer, so they came back home. However, before they left the police coerced Mr Rabbani Sardar and Mr Animesh Samanta into signing a blank document.
Some days went by, and then weeks. The villagers went to the police station time and again, and each two weeks they attended the Sub Divisional Judicial Magistrate’s (SDJM’s) court, Basirhat, when Riazul was brought to the court compound from jail on the date fixed for hearing. However, Riazul has on each occasion been kept in the court lockup, not physically produced before the SDJM; only the documents on his case are brought to the SDJM, and in West Bengal the custodians of judicial documents are the police. These are the only occasions that the family and villagers have been able to meet with Riazul, as where he is being detained is too far from their village for them to travel. On each occasion that they have met, however, they have been required to pay Rs. 10 per person.
Finally, the villagers found that OC Banerjee had lodged a complaint against Riazul Mollah and the deceased Gaffar on January 27 (Sandeshkhali PS Case No. 7/2004), under sections 399/402/353/307 of the Indian Penal Code (IPC) and 25/27 of the Arms Act, 1959. (IPC 399, Making preparation to commit dacoity; 402, Being one of five or more persons assembled for the purpose of committing dacoity; 353, Assault or use of criminal force to deter a public servant from discharge of his duty; 307, Attempt to murder; Arms Act, 25, Illegal manufacture, transfer, possessing and converting of arms; 27, Use of those arms).
At this point they sought the assistance of a local lawyer who advised them to petition the West Bengal Human Rights Commission for Riazul’s release. In fact, the Human Rights Commission does not have any power to order the release of detainees, only to conduct investigations. However, the villagers, not knowing this, submitted a petition to the Human Rights Commission on March 22, requesting its help to free the boy. The petition was signed or thumb-printed by 720 villagers, and in addition, 30 individual testimonials to the good character of the boy were attached. To date, the villagers have received no reply from the Commission.
After the intervention of local human rights organisation Manabadhikar Suraksha Mancha (MASUM), Riazul was finally released on bail from Basirhat Sub-Jail, 24 Parganas (North) district, on April 7 (See photograph of Riazul after his release: LINK). However, the charges against him are still pending in the courts. Meanwhile, villagers from both Rampur and Jhupkali villages are preparing petitions to the District Superintendent of Police, 24 Parganas (North), and other responsible officials, to start investigations of OC Banerjee and his subordinates, and drop the fraudulent criminal proceedings against Riazul.
SUGGESTED ACTION
Please write to the Chief Minister of West Bengal in support of the mass protest action of the villagers at Rampur and Jhupkali, calling on him to instruct his subordinates to drop the criminal proceedings against Riazul and instead take action against the police concerned in this case.
SAMPLE LETTER:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Sir
Re: Extrajudicial killing of Mr Gaffar Mollah and illegal arrest, torture and illegal detention of Riazul Mollah by Officer in Charge, Sandeshkhali Police Station, Mr Prabir Banerjee
I am deeply shocked and concerned to hear of the actions of one Mr Prabir Banerjee, Officer in Charge of Sandeshkhali Police Station, 24 Parganas (North) district, West Bengal, in extrajudicially killing Mr Gaffar Mollah and illegally arresting, torturing, and illegally detaining a boy of around 17 years, Riazul Mollah, son of Siddique Mollah, of Rampur village, 24 Parganas (North) district, this 27 January 2004. The facts of the case can be assessed as follows:
1. With regards to the killing of Mr Gaffar Mollah, witnesses have reported that Mr Prabir Banerjee, leading a large force of police, shot him dead near his house at Jhupkali village on the morning of January 27, at point-blank range. His actions violate the Police Regulations of Bengal, 1943, which restrict the use of firearms when arresting a suspect to cases of only the most grievous offences, and under very limited circumstances. In particular, the regulations stipulate that no greater hurt than is avoidable should be inflicted, and that firing should cease as soon as the object is achieved (section 154). However, in this instance it is reported that Mr Banerjee and his subordinates approached Mr Mollah after he was wounded, and shot him repeatedly with intent to kill. They also robbed gold ornaments, a wristwatch and money from his body. This also amounts to a violation of the right to life under the Constitution of India, the Universal Declaration on Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
2. With regards to the illegal arrest of Riazul Mollah, he is reported to have come from the pond in which he was fishing near Rampur village to the roadside, in order to see the passing police convoy with the body of Mr Gaffar Mollah, when Mr Prabir Banerjee detained him. There were no grounds for his arrest, no charges were laid at the time, and the police failed to issue a memo of arrest on the spot, as required by law.
3. With regards to the illegal detention of Riazul Mollah, although Riazul is only 17-years-old, he has to date not been brought before a juvenile court. He was sent from the police station directly to Basirhat Jail, where he has been kept since, except when he has been brought to the court compound fortnightly. However, it is reported that he has at no time been brought physically before a magistrate. India is a party to the Convention on the Rights of the Child (CRC), and these actions contravene article 37 of that Convention.
4. With regards to the torture of Riazal Mollah, at the time of arrest and on at least one subsequent occasion, Mr Banerjee beat him in a public place. Mr Banerjee also beat his father, Siddique Mollah, when he came to beg for his son’s release, and abused him with filthy language. I have received reports that the practice of torture by police in India is commonplace, and in light of this fact there is absolutely no justification for India’s failure to ratify the Convention against Torture, and bring it into domestic law.
I support the appeals by the villagers of Rampur and Jhupkali villages, that Riazul Mollah be released from all of the charges leveled falsely against him without delay, and that the police officers responsible for the above actions, notably the Officer in Charge of Sandeshkhali Police Station, Mr Prabir Banerjee, be held to account. I understand that the villagers have made numerous appeals to Mr Banerjee in person, without success, and subsequently have submitted petitions to the West Bengal Human Rights Commission, senior police officers and the Home Secretary of West Bengal. Most recently, they have prepared an appeal to be lodged with the District Superintendent of Police, 24 Parganas (North), for him to investigate the police actions in this case under section 154 of the Criminal Procedure Code. I urge you to respond to their appeals immediately.
Yours sincerely
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PLEASE SEND YOUR LETTERS TO:
Mr Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA
Fax: +91-33-2214 5480
E-Mail: cm@wb.gov.in
PLEASE SEND COPIES TO:
1. Mr Asok Gupta
Chief Secretary
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA
Fax: +91-33-2214 4328
E-mail: chiefsec@wb.gov.in
2. Mr Shyamal Kumar Dutta
Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA
Fax: +91-33-2214 4498 / 5486
E-Mail: padgp@wbpolice.gov.in
3. Mr P K Deb
Principal Secretary
Judicial Department
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA
Fax: +91-33-2214 5225
E-mail: sec-judicial@wb.gov.in
4. Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg,
New Delhi – 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in
5. Justice Shyamal Kumar Sen
Chairman
West Bengal Human Rights Commission
Bhavani Bhavan
Alipur, Kolkata-27
West Bengal
INDIA
Tel: +91 33 24797259
Fax: +91-33-2479 9633
Email: wbhrc@cal3.vsnl.net.in
6. Ms. Asma Jahangir
Special Rapporteur on extrajudicial, summary or arbitrary executions
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Tel: +92 42 5763 234
Fax: +41 22 917 9006 / +92 42 5763 236
Email: webadmin.hchr@unog.ch or asmalaw@brain.net.pk
7. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016
8. The Secretariat
Child Rights Committee
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10 Switzerland
Fax: +41 22 9179022 (particularly for urgent matters)
Email: tb-petitions.hchr@unog.ch
