INDIA: Torture and illegal detention of a young man by the Gujarat Police 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about the torture and illegal detention of a man at the Bapunagar police station in Ahmedabad City, Gujarat.

It is alleged that on 28 April Amit (alias Montu) Babubhai Dabhi was taken by two policemen to the Amit Mill Police Chowky (post). There the police asked him if he possessed any illegal arms. When Amit replied no, the police proceeded to verbally and physically assault him.

Later that day Amit was again beaten, this time by four policemen, including A.R. Desai of Bapunagar Police Station. Amit was then taken from one police station to another and finally detained in the Gomtipur police lock up on April 29.

Over the next 2 days, Amit was continuously tortured by the police before being left on the road side by the Amit Mill Chowky in a near unconscious state. He was then admitted to the V.S. Government hospital in Ahmedabad on the same day. A medico-legal case was registered with the hospital authorities (Out Patient Department registration no: 83 and indoor registration no: 11811). He was kept in the surgical ward until May 5 and then transferred to the orthopaedic ward where he remained until May 11. A First Investigation Report (FIR 185/2005) was filed on May 3 in the Bapunagar P.S against all the four perpetrators, but the police omitted the name of police officer Manish Patel in the FIR.

A further factor disturbing to this case is that Amit was told to leave the hospital prior to having fully recovered. Amit’s father Babubhai complained to the Superintendent, V.S. Hospital about the treatment of his son, but he was still asked to leave.

On 11 and 25 May, Babubhai applied to the High Court of Gujarat to arrest the perpetrators of his son’s assault. The high court ordered the police commissioner and the assistant commissioner of police amongst others to take action against the accused and ordered Amit’s transfer to the Civil hospital. The court also directed that steps be taken to ensure that Amit’s family is not harassed in any way.

On 23 May Amit filed a case against Dr Pankaj Patel, of V.S.Hospital, under IPC sections 219,270,294 (b), 418, 491 and 506 (1). The National Commission for Minorities also issued a notice to the Home Secretary, asking him to take action against the perpetrators taking into account the fact that the victim came from a minority Christian community.

Please immediately send a letter to the Director General of Police, Gujarat asking him to immediately order an investigation into this case by an independent authority. If those concerned police officers as well as the doctors responsible for Amit’s medical treatment are found to have failed in their respective duties, then legal/disciplinary action must be taken. The victim should be compensated for the trauma he suffered and measures must be taken to ensure his safety as well as that of his family.

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

Name of the victim: Amit (alias Montu) Babubhai Dabhi, 25 years, son of Babubhai Hanokhbhai Dabhi
Address: 14 Fellowship Society, b/H Vikram Mill, Bapunagar, Ahmedabad
Alleged perpetrators:
(All belong to the Bapunagar police station)
1. A.R.Desai, Police inspector
2. Jujar Singh, Police Constable
3. Shailendra Singh, Police Constable
4. Manish Patel, Police Constable
5. Dr Pankaj C. Patel, V.S.Hospital
Date of the incident: 28 April 2005 onwards
Place of the incident: Various police stations, Ahmedabad

Case Details:

On 28 April 2005, at about 11 a.m, two policemen went to Amit’s house on a motorbike and forced him to accompany them. They told his parents they were friends of his and took Amit to the Amit Mill Police Chowky (police post). He was then asked whether he possessed any illegal arms to which he said no. The police, including police inspector A.R. Desai then started verbally and physically abusing him. Amit was taken in a white Maruti car (registration No:GJ-HB2027)  allegedly belonging to Desai, back to his house where his parents were told that they would  bring him back in half an hour.

Amit was taken to Gandhinagar (capital of Gujarat State) before returning to Amit Mill where he was severely tortured. The police forcibly pulled his legs apart, beat him on his face and knees until he almost lost consciousness, and threatened to kill him at gunpoint. Meanwhile, Amit’s father, Babubhai, concerned for his son’s welfare, when in search of him and complained to the Bapunagar Police Station. However, the police initially refused to register the complaint until they finally agreed to do so after some time.

Amit was then taken to Gomatipur Police Station where he was locked up for the night. The next day, the police once again took him to Amit Mill and started abusing him. They asked him whether he had any weapons on him to which Amit again replied no. On April 30, Amit was taken to Odhav Police Station where he was again tortured by the police. In the meantime, Babubhai after waiting in vain for the police to investigate his son’s disappearance gave a written complaint to the Bapunagar Police Station.

Finally on May 2 at about 1:30 a.m, Amit was left on the roadside besides Amit Mill in a semi-conscious state. He made his way home and in the evening when his condition took a turn for the worse, Amit’s family took him to V.S. Hospital, in the city. A First Investigation Report (185/2005) was filed on May 3 at the Bapunagar Police Station against all the four perpetrators under sections 323, 501, 342 and 114 IPC, but the police omitted the name of police officer Manish Patel in the FIR.

From May 2 to 5, Amit was kept in a male surgical ward and then transferred to the orthopaedic ward with Dr Pankaj C. Patel as his head. On the May 11, despite Amit was still requiring treatment, Dr Patel discharged him and asked him to leave. But it was difficult for Amit to leave as his right leg was paralysed. He was then transferred to the hand surgery ward the next day even though he did not have any problems with his hands. Angered by the doctor’s insistence that his son leave, Amit’s father complained to the Superintendent of V.S. Hospital. The Superintendent cancelled Amit’s discharged and assured his parents that Amit’s treatment would continue in the best possible manner. It is also alleged that on May 15 two policemen on a motorcycle (Reg no: Gj-1EB555) went to the hospital and asked for Amit’s case file from the nurse on duty.

On May 11, Babubhai forwarded a special criminal application (No: 643/05) to the Gujarat High Court asking them to add sections 330 and 370 in the FIR that was earlier lodged. Judge C.K. Booch of the Gujarat High Court ordered Assistant Police Commissioner R.B. Puwar of “G” Division to proceed accordingly and directed him to submit all documentary proofs, including papers of police investigation, medical treatment, sonography etc within 48 hours.

On 23 May Amit filed a case against Dr Pankaj Patel, of V.S. Hospital, under IPC sections 219, 270, 294 (b), 418, 491 and 506 (1). Babubhai once again filed special criminal application (No: 732/05) in the Gujarat High Court on May 25 and judge A.S. Dave issued a show case notice to the Health Secretary, Gujarat govt, Police Commissioner, Ahmedabad city, Asst Police Commissioner of “G” Division, Police Sub-inspector of Bapunagar PS and ACP “G” division to take police action against all those responsible for Amit’s torture and those who ordered for Amit’s transfer to the Civil Hospital. The court also ordered that all measures be taken to ensure Amit’s family is not harassed in any manner.

The National Commission for Minorities also issued a notice to the Home Secretary, asking him to take action against the perpetrators taking into account the fact that the victim came from a minority Christian community.

Despite this, no action has been taken against any of the accused. This case is a further example of the misuse of power and authority by the police and the deterioration of the criminal justice system in India. The AHRC once again strongly condemns this misuse of power by those in authority and asks you to immediately intervene in this case. All the police officers as well as the doctor responsible for Amit’s treatment should face legal/disciplinary action for their actions. The victim should also be compensated for the trauma he has endured and measures must be taken to ensure his safety as well as that of his family. We also urge the Gujarat government to look into such police atrocities and take urgent steps to put a stop to this.

SUGGESTED ACTION:

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

 

 

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