INDIA: Police abuse and fire at family members of a man arrested and released on bail in a 1997 accident case 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal about the unauthorized entry of the police into the house of a man who was arrested and released on bail in a case a few years ago in Murshidabad District.
In 1997, Safikul Islam was driving a lorry in Kandi (sub division of Murshidabad), which crashed into a bullock cart, hurting the man who was riding it. A case was registered and a warrant of arrest was issued by the Sub Divisional Judicial Magistrate’s Court. In response, Safikul surrendered and was subsequently released on bail.

However, on 13 November 2005, police personnel from the Beldanga police station under which Safikul’s village lies, broke into his house at about 1am on the pretext of wanting him in connection with the accident case that took place eight years ago. It is, however, to be noted that the Beldanga police have no jurisdiction over this case. In order to enter they not only broke the bamboo fencing but also window panes and door locks of each room.
It is alleged that in this raid they took away gold ornaments along with forty thousand rupees in cash. It is also alleged that they assaulted Safikul’s family members and threw his one-month-old child out of his bed. The police then opened fire in which Safikul’s brother, Sadikul was injured.
The police then took Sadikul to Safikul’s in-laws house and acted inappropriately with the family members there as well. Sadilul was later released from police custody with the help of a local MLA (Member of Legislative Assembly) and sent to hospital for medical aid where he is still
undergoing treatment.

The AHRC is extremely disturbed to hear of this autocratic behavior of the police. Despite the fact that the victim had obtained bail from the court, the Beldanga police disregarded this and entered his house with the intention of arresting him. However, since the warrant of arrest got annulled the day his bail was granted the police could not use this and hence their entry into his house was completely unauthorized. They also abused his family members and took away jewellery and money. No list of items seized at the spot as mandated by the law was given. They also used firearms, which is illegal unless specified in certain cases by the law. In this case there was no need to use them. The arrest of Safikul’s brother was also illegal as there was no warrant issued for that by the court. Thus, the police behaved completely inappropriately and we therefore ask you to intervene in this case by writing to the Director General of Police and others to take action against the offenders so that they are duly punished. Compensation should be granted to Safikul’s family for the unjustified treatment that was meted out to them and the articles supposedly seized from their house should be immediately returned.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION

Name of victims:
1. Fatema Bewa widow of Late Faroj Ali Seikh
2. Safikul Islam, son of Fatema Bewa
3. Sadikul Islam, son of Fatema Bewa
4. Safikul Islam’s one-month-old baby
5. Other family members
Place of incident: Kazi Saha Village, Beldanga Police Station, Murshidabad District,West Bengal
Name of Perpetrators:
(A group of police personnel from Beldanga Police Station consisting of about 13-14 policemen)
1. Mejo Babu, second Officer
2. Chhota Babu, Sub Inspector
3. Lala Babu
4. Other Police Officers
Date of Incident: 13 November 2005

Case Details:

In the year 1997, Safikul Islam was driving a lorry (WB 570567), which crashed into a bullock cart in Kandi, a Sub Division of Murshidabad District, injuring the man who was driving it.

A case (164/98) was registered under sections 279 and 338 of the Indian Penal Code (IPC) on 27 November 1998 against Safikul Islam and subsequently a warrant of arrest was issued by the Sub Divisional Judicial Magistrate’s Court. Safikul thereafter, surrendered before the court and was released on bail. He also submitted the surrender slip to his local police station at Beldanga also under Murshidabad district. The next hearing date was fixed for 24 February 2006.

It is also reported that a few days after the accident, the owner of the lorry, Nuru Islam Seikh paid Rs 20,000 (USD 400) as compensation to the bullock cart driver, in the presence of the local villagers, to settle the matter. It was mutually decided by both parties that there would be no police case. However, a police case (as mentioned above) was still registered in 1998.

On 13 November 2005, at about 1am, police attached to the Beldanga Police Station broke into Safikul’s house with an expired arrest warrant on the pretext of wanting him over the accident case, which had taken place eight years earlier. In order to enter the house they broke the bamboo fencing and then the window panes and locks of all the doors.

Though they were informed that Safikul was not at home they continued to ransack the house while verbally abusing the family members. They broke open the cupboards and rummaged through all the clothes. It is alleged that the police took away jewellery worth forty grams and about forty thousand rupees.

It is also alleged that the police assaulted Safikul’s mother, Fatema Bewa and the other members who were present at that time. Safikul’s one-month-child was thrown out of his bed.

Villagers who came to the family’s aid were warned not to do so and the police openly fired at the family members, causing severe injuries to Safikul’s brother, Sadikul. During the police firing, the iron grills of the house, amongst other things, were also damaged.

The police guards then took Sadikul to Safikul’s in-laws’ place in Garulia Village, under Beldanga Police Station and behaved inappropriately with the people there as well.

Sadikul was released from police custody the next day on the intervention of Golam Kibria, a local MLA. He was sent to Behrampore New General Hospital for treatment and then transferred to the Nilratan Sarkar Medical College and Hospital at Calcutta where he is still undergoing treatment.

This case strongly highlights the inappropriate, callous and abusive behavior of the police and their complete disregard for the laws of the land. The police in this case completely ignored the Supreme Court Judgment in the case of DK Basu 1997 in which they laid out rules and guidelines for arrest and detention to be followed by all police stations in the country. They did not have a memo of arrest and therefore could not actually arrest Sadikul which they still did.

They also ignored the National Human Rights Commission’s guidelines on arrest laid down in 1999, which clearly points out that arrest cannot be justified merely on the existence of power, as a matter of law, to arrest in a cognizable case. The warrant in this case had been annulled as Safikul had been arrested earlier and was already out on bail.

Also it is to be noted that the accident case in 1997 had been registered in a different police station and did not come under the jurisdiction of the Beldanga Police. Therefore, they had no reason or right to look into this case.

They also seized some items, including cash from the house but did not make a list of the seized articles. In not doing so they once again violated guidelines of the DK Basu judgments and Section 100 (5) of the Criminal Procedure Code of India, 1973.

There are specific provisions (Sections 148-154 of PRB, 1943) in the Bengal Police Regulations as well as under international laws but the police did not regard these. There were no logical grounds for the use of firearms in this case.

The AHRC strongly condemns the unjustified, callous and unwarranted behavior of the police in this case.

SUGGESTED ACTION

Please write to the Director General of Police and others asking them to take action against all those police officers involved in this case.

 

 

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