INDIA: Human rights defender tortured and falsely charged by West Bengal police

Dear friends,

The Asian Human Rights Commission has received information from human rights organisation MASUM that Mr. Ajimuddin Sarkar, a district human rights monitor of Murshidabad district, West Bengal was illegally arrested and detained by plain-clothed police personnel of Islampur Police Station in broad daylight after being abused and beaten up. Mr. Sarkar had been receiving numerous threats and warnings prior to his assault, due to his assistance in filing a complaint against the custodial torture and death of Mr. Rajib Molla. The police have also implicated Mr. Sarkar in a fabricated case of rape.

CASE NARRATIVE:

Mr. Ajimuddin Sarkar is a District Human Rights Monitor of Banglar Manabadhikar Suraksha Mancha (MASUM), an organization promoting human rights in West Bengal. Mr. Sarkar and MASUM has been helping the widow of Mr. Rajib Molla in filing a criminal case against Officer-in-Charge Mr. Biplab Karmakar and other police personnel responsible for the custodial torture that led to Rajib’s death. Since then, Mr. Sarkar has been continuously warned to stop involving himself in this case.

On 7July 2015, a local thug, Mr. Sah Alam, an aide of Mr. Biplab Karmakar, warned Mr. Sarkar not to interfere with Rajib Molla’s case; if he did so then he would be arrested under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985. Thereafter, the police would break his bones in custody and send him behind bars for years.

Following this incident, Mr. Sarkar submitted a written complaint to the Superintendent of Police (SP), Murshidabad and asked for protection. On 22 August 2015 at around 7 p.m., one local smuggler kingpin Mr. Manirul Islam of Lochanpur Gram Panchayet arrived at Mr. Sarkar’s house along with two men. The man introduced himself as Mr. Biplab Karmakar’s close associate, and warned Mr. Sarkar to withdraw his involvement from the case. On August 26 at 4:45 p.m., Mr. Manirul Islam called Mr. Sarkar and asked him to meet Mr. Biplab Karmakar at Islampur Police Station. On the same day at 7:30 p.m., Mr. Islam called Mr. Sarkar and directed him to go to Rajib Molla’s house and ask the family to withdraw the criminal case against the Officer-in-Charge as early as possible.

In the meantime, the police had met Rajib Molla’s widow (complainant) and immensely pressurized her to withdraw her complaint against Mr. Biplab Karmakar. On August 28, Mr. Sarkar filed a written complaint describing the threats to the SP at Murshidabad, wherein he stated the names of eyewitnesses as well. Despite this, on August 29, Mr. Manirul threatened Mr. Sarkar’s family over the phone to withdraw the case of Rajib Molla from court or face the consequences. On August 30, he visited Mr. Sarkar’s residence and repeatedly threatened his wife and daughter that Mr. Sarkar would face danger unless he withdrew Rajib Molla’s case.

On 22 September 2015 at 10:27 a.m., Mr. Sarkar was talking to some of the torture victims and their family members at the Sekhpara crossing of Murshidabad district. According to the locals, they witnessed 5-7 plain-clothed police personnel along with Officer-in-Charge Mr. Biplab Karmakar abuse and mercilessly beat Mr. Sarkar before pushing him into a red vehicle (Tata Sumo). The next day, September 23, Mr Ajimuddin Sarkar was produced before the Additional District and Sessions Judge at Baharampur and designated Special Court for Narcotics Drugs Psychotropic Substances Act (NDPS) and Prevention of Child Sexual Offences Act (POCSO). A criminal case vide Islampur Police Station Case Number 266/15 under Sec 376/511/323/506 and 400 of Indian Penal Code and Sec 8/12 of Protection of Children from Sexual Offences Act; 2012 has been filed against him. His bail petition was rejected, and he was sent to Baharampur Central Correctional Home (Prison).

These charges were made by a woman from Malipara village who accused Mr. Sarkar of raping her. Mr. Biplab Karmakar had reportedly pressured the woman to sign with a thumb impression on a blank paper to lodge a rape case against Mr. Sarkar, in return for which he would release the woman’s youngest son who is in prison under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985.

ADDITIONAL INFORMATION:

During Mr. Sarkar’s arrest, no arrest memo was issued and his family was not informed. He was slapped, kicked and verbally abused. During his detention (right after the arrest on 22 September 2015) at Islampur police station, he was denied his regular medicines although his son handed over the prescribed medicines to the on duty police personnel. He was not provided with food at night. He was not physically produced before the Additional District and Session Judge. His case was not produced before the court within 24 hours from his arrest as mandatory by the Constitution of India (he was arrested at 10:27 a.m. on September 22 and the case was produced before the court at 1:38 p.m. on September 23.

Mr. Sarkar has also been intimidated and tortured by the police previously, due to his active participation in protecting human rights. Due to the physical torture by the police, Mr. Sarkar has a torn ligament in his left knee and is not able to stand for a long duration of time or walk properly. Mr. Sarkar is now an acute patient of Post-Traumatic Stress Disorder (PTSD).

MASUM has made complaints and shared information with the National Human Rights Commission (NHRC) a number of times, and the Focal Point of the Human Rights Department at the NHRC informed the organization that they have taken up the case and sought report from the related police and civil administration. To date, no appropriate action has been taken however. On September 22, the organization made a brief complaint with a request for urgent steps, but no actions were taken to check the continuity of police atrocities upon Mr. Sarkar.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to look into this case. Mr. Biplab Karmakar and other police personnel should be charged under Section 195 of Indian Penal Code, 1860 for fabricating false evidence of rape against Mr Ajimuddin Sarkar with intent to procure conviction of offence punishable with imprisonment for life. Furthermore, the perpetrators threatening Mr. Sarkar and his family under the influence of Mr. Biplab Karmakar should be apprehended and charged. Lastly, the custodial death of Rajib Molla should be given justice by arresting Mr Biplab Karmakar and the other police personnel who are responsible for his death. The safety and security of every human rights defender should be ensured at the earliest.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Special Rapporteur on the situation of human rights defenders regarding this matter.

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