Dear friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation based in Howrah, West Bengal regarding the case of a minor who is currently detained illegally at the Narkeldanga Police Station since September 11, 2007. It is alleged that the police officers who took the boy, Mithun Majhi into custody for alleged theft has detained him in custody without being produced before the court.
CASE DETAILS:
Mithun Majhi alias Barkha is aged 17 years and an orphan who makes his living by picking rags. On September 11, 2007 at about 8:00pm he was detained by some local people on an allegation that he was involved in a theft. The local people who caught Mithun took him to the factory of Mr. Sambhu Babu alleging that Mithun was responsible for stealing materials from Sambhu’s factory.
At the factory Sambhu beat Mithun alleging that he is responsible for stealing materials from his factory and later handed Mithun over to the officers from Narkeldanga Police Station. Once at the police station Mithun was further beaten. It is alleged that the police beat Mithun with an intention to teach him a lesson and also to make him confess that he was involved with the theft alleged against him. The next day the police also forced Mithun to walk so as to make sure that he has not suffered any fracture from the beating.
On September 12, 2007, Mithun’s grandmother came to know about Mithun’s arrest and came to the police station seeking his release. However, Mithun was not released and it is alleged that she was asked to pay bribes if Mithun is to be released. She was also threatened that if she ever dared to lodge a complaint about her grandson’s detention, the police would frame him with false charges related to possession and dealing with narcotic drugs. Mithun’s grandmother was also informed by the police officers that until they get the other suspects they would detain Mithun in custody. Even as of today Mithun is in custody and not produced before the local court.
SUGGESTED ACTION:
Please send letters to the relevant authorities listed below, particularly to the Chief Justice of Kolkata High Court, requesting to intervene in this case. Appropriate actions must be initiated against the police officers responsible for the illegal detention of Mithun. The AHRC is also writing to the United Nations Special Rapporteur on the Question of Torture requesting an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
INDIA: Please take immediate action to release 17-year-old Mithun from illegal custody
Name of victim: Mithun Majhi, alias Barkha, aged 17 years, son of late Gopal Majhi, resident of 28/H/4, Canal East Road, Kolkata, West Bengal
Alleged perpetrators:
1. Mr. Lopsang Tshering Bhutia, Sub Inspector of Police, Narkeldanga Police Station, Kolkata, West Bengal
2. Mr. Bikram Chakraborty, Officer-in-Charge, Narkeldanga Police Station
3. Mr. Sambhu Babu, Raja Bazar, Kolkata, West Bengal
Date of incident: September 11, 2007
Currently detained at: Narkeldanga Police Station, Kolkata, West Bengal
I am writing to express my concern regarding the case of Mithun, a 17-year-old boy who is detained in custody by the Narkeldanga police since September 11, 2007. I am informed that the some local people who detained Mithun on an allegation of theft handed him over to a local factory owner, who claimed Mithun had stolen goods belonging from his factory.
The factory owner Mr. Sambhu Babu beat Mithun and later handed over Mithun to the officers from Narkeldanga Police Station. I am informed that Mithun was beaten and tortured at the police station to confess the crime and since then he is detained illegally at the station. I am informed that Mithun was not produced before the local courts so far.
I am informed that the law regarding minors and the procedure for dealing with minors suspected to be involved in any crime has been violated in this case. I am also informed that the local police cannot detain any person beyond 24 hours in custody without being produced before a magistrate. I am aware that this is a case where the local police has violated the law and also the directions of the Supreme Court of India regarding arrest and detention of a person.
I therefore urge you to take appropriate actions against the police officers from Narkeldanga Police Station who are detaining Mithun illegally and also to take immediate measures to release Mithun from illegal custody.
Yours sincerely,
———————–
PLEASE SEND LETTERS TO:
1. Honorable Chief Justice
Calcutta High Court
Kolkata, West Bengal
INDIA
Fax: 91 33 22429158
2. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341
3. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328
4. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in
5. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
