INDIA: Custodial torture on mistaken identity of a man in Habra police station and fabrication of false charges 

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal about the arrest and detention of Mr. Samir Dutta of Kalyangarh Kalitala Police Station, 24 Parganas (North), West Bengal, India on mistaken identity.  The victim was taken into custody and further tortured brutally forcing him to admit a false identity of another person in the same name regarding a crime related to Essential Commodities Act.

On the 12^th October 2005 Mr. Samir was arrested in lieu of a warrant of arrest issued by the 4^th Additional District & Sessions Judge Barasat in connection with an offense chargeable under the Essential Commodities Act.  In fact the offense in which Mr. Samir was arrested was committed by another person in the same name.  Once this was brought to the notice of the court, Samir was ordered to be released. However, the local police in order to save their face and also to justify the arrest have fabricated a false case against Samir. This case is now pending inquiry.

Samir when produced in court in ration to the crime under the Essential Commodities Act was released by the court acknowledging the mistaken identity but only after a petition filed by Samir’s father in the court. In the mean while Samir was subjected to severe torture in custody forcing him to confess to the crime in which he was mistakenly arrested and was detained in custody for 15 days, for an offense he had never committed.

The AHRC is deeply concerned about this case and calls for your urgent intervention in this case.  Often such cases or mistaken identity are artificially created by the police in West Bengal resulting in innocent people being convicted on charges that they have not committed.  Please ask the Director General of Police to order an impartial inquiry into this incident and see that the perpetrators are duly punished.  Adequate compensation must also be provided to the victim who was tortured in custody for the injuries he sustained and for his illegal detention.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Victim: Mr. Samir Dutta, son of Gopal Dutta residing at Kanyangarh Kalitala within the jurisdiction of Ashok Nagar Police Station, 24 Parganas (North), West Bengal, India.

Place of incident: Habra Police Station 24 Parganas (North), West Bengal, India.

Date of incident: 12^th October 2005

Alleged perpetrators: 1, Mr. Bahshar Samanta, Assistant Sub Inspector Habra Police Station 2, Officer-in-Charge the Railway Police Station Barasat.

Case Details:

Mr. Samir Dutta was taken into custody by the officers of Habra Police Station.  Prior to this arrest there was a warrant of arrest issued by the 4^th Additional District and Sessions Judge Barasat in connection with an offense chargeable under the Essential Commodities Act.  The police took custody of Mr. Samir on the mistaken identity of Mr. Samir Dutta of Asrafabab Colony which is under the jurisdiction of Habra Police Station.  The warrant of arrest issued by the court was for an offense under the Essential Commodities Act for allegedly involving in smuggling of rice.  The police, when they realised that they had taken the wrong person into custody tortured Samir in custody forcing him to confess that he was the other Samir that the police were looking for.

Samir’s father who came to know about the arrest made a complaint through a lawyer on 25^th October 2005 to the 4^th Additional District and Sessions Judge claiming that his son was arrested on mistaken identity.  The court on consideration of this petition released Samir forthwith exonerating him of all charges leveled against him.  However, the police officials from the Habra Police Station in an attempt to legitimize the arrest registered a false case under Section 34 (5) of the Police Act vide General Diary Entry No. 581 dated 12 October 2005. Samir has denied this charge too and this case is pending trial.

This case is a clear violation of the guidelines regarding arrest laid down by the Indian Supreme Court regarding arrest and detention procedures in the D.K. Basu case.  It is also alleged that arrest of Samir was intentionally carried out so as to save the real culprit form being booked and brought to court.  Such acts of charging innocent people instead of the real criminals is a common phenomena in West Bengal where the police are alleged to have been helping hardened criminals after accepting bribes from them.  Unfortunately in this case apart from arrest, Mr. Samir who is innocent of any charges was also brutally tortured in police custody to force him to confess the crime and also to admit an identity which suited the details of the accused mentioned in the warrant issued by the court.

The AHRC condemns this act of brutal torture and blatant violation of the law.  The AHRC has repeatedly asked for the ratification of the Convention against Torture by India.  The ratification and subsequent legislation and implementation would considerably bring down the acts of torture committed by law enforcement officers in India.  This process would also remove the impunity enjoyed by law enforcement officers making them liable for any act of torture and custodial violence.

SUGGESTED ACTION:

Please write to the Director General of Police to order an impartial inquiry into this incident and see that the perpetrators are duly punished and the victim is compensated for the damages he suffered while he was in custody.

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