INDIA: Two years on, victim’s father is still waiting for justice 

Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that the police in West Bengal, India have taken little action regarding the murder of 22-year-old Mintu Sheikh on 13 April 2003. According to information received from MASUM, a human rights organization in West Bengal, not only have the police evaded their legal obligations in investigating a serious case of murder, but there is evidence of complicity in covering up the crime.

The AHRC is deeply concerned by the nexus that exists between the police, criminals and other authorities in West Bengal, as well as other parts of India. This nexus is detrimental to effective rule of law and prevents victims of human rights abuse from obtaining redress. Your urgent action to intervene in this case is needed. Please write to the relevant authorities in West Bengal demanding that immediate action be taken to ensure that Mintu’s death is thoroughly investigated and the perpetrators prosecuted and punished accordingly.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————

Case details:

Name of the victim: Mintu Sheikh, 22- years- old, s/o Jiaul Sheikh
Address of victim: 20 Sitanagar Sagar Village, Jalangi Police Station, Murshidabad District, West Bengal, India
Alleged perpetrators: 1. Shakti Mandal, s/o Sripada Mandal; 2. Anu Sheikh, s/o Luzman Sheikh; 3. Nuzwar Sheikh, s/o late Muzahar Sheikh; 4. Mustafa Sheikh s/o Samsher Sheikh, of  Chakchaitanya Village, Jalangi Police Station, Murshidabad District; 5. Jallu Sheikh, s/o Sattar Sheikh, of Navingram Village, Jalangi Police Station, Murshidabad District; 6. Liyakat Sheikh, s/o late Rayeech Sheikh, of 20 Sitanagar Village, Murshidabad District; 7. Officer-in-Charge, Jalangi Police Station; 8. Superintendent of Police, Murshidabad; and 9. Dr. Dilip Kumar Pradhan, Autopsy Surgeon attached with Berhampore District  Hospital.
Place of incident: Sagarpara Bazar, Jalangi Police Satation, Murshidabad District, West Bengal, India
Date of incident: 13 April 2003

On the morning of 13 April 2003, 22-year-old Mintu Sheikh was found dead behind the house of Tafjul Sheikh at East Sagarpara Bazaar, Murshidabad District, West Bengal, India. Mintu had spent the previous night at the house of a local resident, Jullu.

Mintu’s father, Jiaul Sheikh was given news of his death on the morning of April 13, whereby he went to Sagarpara bazaar and saw his son’s body. According to him, Mintu’s right eye had been taken out and there were finger marks on his neck.

At that time, the secretary of the Local Committee of the Communist Party of India (Marxist), Abu Bakkar, who is the cousin brother of Jiaul, assured him that the necessary action would be taken regarding Mintu’s death, and suggested that he return home. Under this assurance, Jiaul went home, but his wife stayed there. She then informed the Jalangi police officers that Mintu had stayed with Jullu that night. She had sent someone named Ashadul to Jullu’s house calling for Mintu, and Ashadul had informed her that Mintu was fast asleep in Jullu’s house.

An Unnatural Death Case was initiated by the Jalangi police station–Case No. 8/2003, dated 13 April 2003–and Mintu’s body was sent to the Berhampur General hospital, Murshidabad for a post mortem, which was conducted on April 14. According to information received, a sickle was also found near Mintu’s body, but this was not taken for any forensic examination by the police.

The post mortem report only noted that there was haematoma over the victim’s right chin and right temporal region, with no mention of the missing right eye, as stated by Mintu’s father. The report further failed to suggest the cause of death without a viscera report, which is used to determine cases of suicide.

Mintu’s father thereafter requested the Jalangi police several times to initiate a murder case, as he strongly suspected that his son was killed. The police however, turned a deaf ear to his requests. Finally, Jiaul lodged a complaint before the court of the Chief Judicial Magistrate, Berhampur under section 156(3) of the Indian Criminal Procedure Code on 27 June 2003. The complaint disclosed the names of the alleged perpetrators. The court sent the complaint to the Jalangi Police Station in order for the police to start a specific case and investigation.

In response, the police station finally initiated a case for murder–Case no. 188/2003, dated 10 October 2003 under sections 201, 302, 34 of the Indian Penal Code. However, the police did not take any statements from the victim’s family or others, and did not arrest any of the accused. Instead, the police submitted a final report clearing all the accused persons from any involvement in Mintu’s death.

Jiaul Sheikh has been seeking justice for his son’s death since 2003, to no effect. He has now submitted a Naraji Petition (a petition submitted before the Court when the defacto-complainant is dissatisfied with the findings of the investigation conducted by the police) to the court on 12 April 2005, which is pending.

In light of the above, the AHRC urges the West Bengal Government to take immediate action to ensure that Mintu’s case is investigated by an independent agency, preferably outside of West Bengal, such as the Central Bureau of Investigation. The perpetrators must be prosecuted and punished accordingly. Disciplinary and legal action must also be taken against the Jalangi police–and any other authorities found responsible–for failing to do their duty and obstructing justice, even after receiving a court order to investigate.

SUGGESTED ACTION:
Please write a letter to the Chief Minister of West Bengal, asking him to take immediate action regarding this case.

 

 

To support this case, please click here: SEND APPEAL LETTER