INDIA: Railway staff tortured by escorts of senior police officers in West Bengal 

The Asian Human Rights Commission (AHRC) is deeply concerned that railway staff Mohammad Musharaf Hossain was severely assaulted by two police escorts of senior police officers in West Bengal, India on 4 January 2005. Mr. Hossain refused the request of the two police guards to open the level-crossing gate at Krishnagar to allow the convoy of senior police officers to pass, as a train coming from Ranaghat had already left the Badkulla station and would soon be passing Krishnagar. The policemen proceeded to beat up Mr. Hossain, continuously slapping and kicking him. They then raised the bar and stopped the approaching train, which was fortunately moving slowly. After that, the police convoy consisting of the Director General of Police of West Bengal, the Inspector General of Police (South Bengal) and the Deputy Inspector General of Police (Murshidabad Range) passed the railway level-crossing.

Although the two police guards were suspended after the incident was highly criticized by the media, the AHRC is concerned that no action has been taken against the senior police officers who were present during the incident and thus responsible for their acquiescence in the behavior of the guards.

We call for your urgent intervention into this matter. Please send a letter to the Minister of Home Affairs of India and urge him to order a thorough and impartial inquiry into this incident by an independent investigating agency (not by the West Bengal state police) so that appropriate action can be taken against the concerned police officers. The Government of India must take genuine action to stop all misbehavior and human rights abuses against civilians by police personnel at police stations throughout India.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFOMRAITON:

Name of the victim: Mohammad Musharaf Hossain, a railway gateman at Jhitkepota in Nadia District, West Bengal, India
Alleged perpetrators:
1. Guards (policemen) of pilot vehicle of the three police officers named below
2. Mr. Shyamal Dutta, the Director General of Police (DGP), West Bengal
3. Mr. V. Mishra, Inspector General of Police (IGP) – South Bengal
4. Mr. D. Sukul, Deputy Inspector General of Police (DIG) (Murshidabad Range)
Place of the incident: Jhitkepota railway level-crossing, Krishnanagar, Nadia, West Bengal, India
Date of the incident: 4 January 2005

Mohammad Musharaf Hossain is a gateman of the railway level-crossing at Jhitkepota near Krishnanagar, Nadia District, West Bengal, India. At around 1:00pm on 4 January 2005, Mr. Hossain was on duty and the level crossing bar was down as a Lalgola-bound passenger train from Ranaghat was to pass any moment. At that time, the convoy of the Director General of Police of West Bengal, Mr. Shyamal Dutta, arrived at the crossing to cross the railway track. A police vehicle (car no.: WB-52A/6389) was escorting the DGP’s white Ambassador car and two other cars, carrying the Inspector General of Police (South Bengal) Mr. V. Mishra and Deputy Inspector General of Police (Murshidabad Range) Mr. D. Sukul.

Two policemen in the pilot vehicle that generally runs ahead of a VIP’s convoy got down to see if the way was clear and ordered Mr. Hossain to open the level-crossing gate, saying that they were in hurry. When Mr. Hossain refused to do so, explaining that a train coming from Ranaghat had already left Badkulla station and would pass Krishnagar station very soon, the policemen started beating him brutally; they pushed him to a corner and continuously slapped and kicked him.

The policemen then raised the bar, waved a red flag and stopped the approaching train, which was fortunately moving slowly. The police convoy passed the railway level-crossing leaving Hossain bleeding. Mr. Hossain was later helped by local traders to close the gate so that the train, which had waited for 10 minutes, could pass. Mr. Hossain was then taken to the Krishnagar hospital for treatment.

The incident happened minutes after the DGP urged police officers to be polite while dealing with people at the inauguration of a police barrack at Krishnagar. Mr. Dutta reportedly said, “You must be very patient while dealing with people who come to the police station for help. Don’t behave rudely with them. It is unfortunate that I am still getting reports of misbehavior of policemen at police stations. This will not be tolerated”. After the inauguration, Mr. Dutta was to return to Calcutta.

The assault on Mr. Hossain was highly criticized by the media and the two concerned policemen were later identified and suspended from their services. However, no question has been raised regarding the senior police officers of West Bengal who were present during the assault.

The AHRC urges the Government of India to immediately order an impartial and full inquiry into this matter by an independent investigating agency (not by the West Bengal state police) to find the actual circumstances of the incident. These high-ranking officers should also be punished if it is found that the two policemen tortured Mr. Hossain with their consent. Even if it happened without their consent, appropriate action must be taken against them for their mis-supervison.

In any country that respects democracy and the rule of law, persons would have resigned or been made to resign as a result of such an incident. The same must occur in India if the country genuinely wishes to address the human rights abuses of its police officers and protect the rule of law.

SUGGESTED ACTION:
Please send a letter to the Minister of Home Affairs of India and urge him to order a thorough and independent inquiry into this incident so that appropriate action is taken against concerned police officers.