INDIA: Torture and illegal detention of a young boy by the West Bengal Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal about the illegal detention of a young boy, Rajiv, a class IX student of Maheshwari Vidyalaya, at the Golabari police station, Howrah, West Bengal.

According to the police, Rajiv’s father, Mr Bhogendra Rai, who works as a contract labourer for a transport company is wanted in a murder case. On 12 May 2005, the police went looking for Rai at his residence but were unable to find him as he was out of town. They however, picked up Rajiv and detained him illegally in custody from that night to the May 16. Rajiv was kept in a lockup with adult detainees, a blatant violation of the Criminal Law of India and international human rights law.

A thoroughly terrified Rajiv spent most of his time crying in the crowded cell. He was given only breakfast and dinner and his mother, Mrs Vidya Debi was not allowed to meet with him. Rajiv was not only abused by the police but also threatened with dire consequences, if he disclosed the atrocities of his detainment to anyone.

When MASUM contacted the police they said that they had picked up Rajiv for interrogation, which is another violation of the law, as Section 160 of CrPC (Criminal Procedure Code, India) reads that a written notice must be served against anybody called to the police station for interrogation. The detention of the victim is also a clear violation of Art 22 (1) and (2) of the Indian Constitution. The Criminal Law of the country also calls for the arresting officer to produce the detainee before a Magistrate within 24 hrs of arrest. However in this case, Rajiv was not arrested but taken into custody by the police, illegally, so as to pressure his father to present himself before the police. Further, when MASUM contacted the police, Ms Lakhmi Singh, Addl SP refused to discuss the case even though the officer is aware that the Right to Information is now a law in the country.

Please immediately send a letter to the Director General of Police, West Bengal asking him to intervene and order an impartial investigation into this incident by any investigating agency except the state police. Those police personnel responsible for illegally detaining Rajiv and torturing him physically and mentally should be duly punished. The victim should be adequately compensated for the trauma that he underwent in the police lockup.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victim: Rajiv Rai, 16 years, son of Mr Bhogendra Rai
Address:   Rosemary Lane, under Golabari police Station, Howrah, West Bengal
Alleged perpetrators:
1.Chitta Ranjan Mondal, Officer-in-Charge, Golabari Police Station,
2.Ms Lakhmi Singh, Addl SP (town)
3.Other police officers
Date of the incident: May 12, 2005 till 16 May 2005
Place of the incident: Golabari Police Station

Case Details:

Rajiv Rai, a 16 year old studying in class IX, Burrabazar’s Maheshwari Vidyalaya was picked up from his house at night on 12 May 2005 by the police, who allege that his father is a suspect in a murder case.

Rajiv’s father, Mr Bhogendra Rai, a contract labourer working for a transport company was away in Haldia when the police went looking for him. Unable to find him, they forcibly took his young son and illegally detained him in the Golabari police lockup for four days. A senior district police officer says that detaining Rajiv was a pressure tactic to hunt out his absconding father.

The police cell where Rajiv was detained held about 20 adult detainees. A traumatised Rajiv recalls of his terror while the police beat up his fellow inmates. Rajiv was also abused by the police and sustained bruises on his legs and swollen fingers. He spent most of his time crying in the cell and was given only two meals during each day. His mother, Vidya Debi was not allowed to meet with him even though fearing for her son’s life, she pleaded with the police to allow her to do so. In fact the police told her that they would kill Rajiv and throw his body in the river if his father did not present himself to them. Rajiv’s mother now wants to approach the State Human Rights Commission and the Chief Judicial Magistrate to seek redress.

When MASUM contacted the police, Ms Lakhmi Singh, Addl SP refused to talk about the case, even though she was informed of the fact that the Right to Information Bill had been passed in the Indian Parliament and she was therefore obliged to give out some information on the case. Devendra Pratap Singh, the victim’s advocate has said that a petition will be moved before the Chief Judicial Magistrate of Howrah court against the Golabari officer-in-charge for the illegal detention of a minor boy.

India is a party to the Child Right Convention. Article 37 of the convention calls for the state parties to ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment… (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily… (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person…(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance… All these provisions were water marks for Rajiv while he was forcefully abducted from his home by uniformed officers and put behind bars, by the very same officers who are expected to prevent such violations.

Apart from all these the Supreme Court of India had made it clear that every police officer in the country should strictly adhere to the procedure to be followed in the Code of Criminal Procedure while inquiring into any crime or making arrest. This case is a blatant violation of the rules laid down by the court and is contempt upon the face of the Apex Court of the country. This case also reflects how much the uniformed law enforcement officers in India respect law and regulations of the country and to what extend they flout the order of the Supreme Court of the country in their process of making the life of an ordinary citizen a misery.

Police harassment of families of persons allegedly wanted as suspects is quite common in India. Families are often badly abused and tortured to find out the whereabouts of the absconding suspect. AHRC strongly condemns the autocratic attitude and the misuse of powers by the police and therefore seeks your urgent intervention in this case. An impartial investigation by an independent investigating agency should be ordered. All those police officers responsible for illegally detaining and abusing Rajiv should be duly punished. The victim should be compensated for the trauma that he endured during the four days in police lockup.

BACKGROUND INFORMATION

The police violated the provisions of Article 22 (1) and (2) of the Indian Constitution, which says:

21. Protection of life and personal liberty.- No person shall be deprived of his life or personal liberty except according to procedure established by law.

22. Protection against arrest and detention in certain cases.-
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a
legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Section 56 and 57Cr P.C. provides: Person arrested not to be detained more than twenty-four hours-no police officer shall detail in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section167 exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court.

Section 160: Police officers power to require attendance of witnesses:
(1) Any police officer making an investigation under this chapter may, by order in writing require the attendance before himself of any person being within the limits of his own or any adjoining station who from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case, and such person shall attend as so required:
(2) Provided that no male under the age of 15 years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

Police Regulation of Bengal, 1943
Regulation no 33 (b)’Rudeness, harshness and brutality are forbidden, and every officer of superior rank must take immediate steps for the punishment of any offenders who came to his notice.”

SUGGESTED ACTION:

Please send a letter to the Director General of Police, West Bengal urging him to immediately order an impartial investigation into this incident.

 

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