INDIA: Custodial torture of a day labourer in West Bengal and failure by police to follow due process of law

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information from our partner organization MASUM in West Bengal regarding the custodial torture of a daily wage labourer from a minority community and the failure of the police to follow due process of law.

CASE NARRATIVE:

Manirul Sk., a daily wage labourer was a permanent resident of Faridpur village and was living there with his wife and two minor children. He was an accused in a criminal case vide Domkal Police Station(Case no.372/2010) under section 21 of the Narcotic Drugs and Psychotropic Substances Act (NDPS). He was given bail on 3rd August 2010 in this case. Due to poverty and his inability to run the family with the meager income which he received from his work as a labourer, he went to Kerala to work as a helper to a mason. Since he went to Kerala he could not attend the court proceedings as required by the conditions of bail. As a result, an arrest warrant was issued in his name.

On 8th May 2017 around 12:30 am, the police officials of Jalangi Police Station arrived at his residence, and took him to the police station. Allegedly, the police personnel of Jalangi Police Station brutally assaulted and tortured him in custody and consequently, he collapsed on the ground and became unconscious. At the same time local people of that area arrived at the place. 

The local people and his relatives took Manirul to Sandhikhar Diar Rural Hospital and admitted him. While he was undergoing treatment at the hospital, the police personnel arrived at the hospital and forcibly arrested him from the hospital around 1 pm on the same day without informing his family members. The local people protested against the illegal acts of the police officials of the Jalangi Police Station. In response to such a protest the police officials registered a criminal case vide Jalangi Police Station Case no. 370/2017 dated 09.05.2017, under sections 186/341/325/332/333/353/306/34 IPC against Manirul and three other people.

This led to the detention of Manirul at the Berhampore Central Correctional Home. After a few months, on 17th August 2017 the Superintendent of Berhampore Central Correctional Home sent a message (vide ORG No.647/MTB dated 17.08.2017) to the Officer-in-Charge of the Jalangi Police Station to inform the nearest relative of the victim that he was admitted on 17th August 2017 at Murshidabad Medical College and Hospital for better medical treatment and management. In the same manner messages were sent on 7th September 2017 and 27th September 2017 with similar content. The admission of Mr. Manirul in the hospital thrice shows that he still has problems because of the physical torture and assault against him by the police officials. At present, Mr. Manirul is in detention at Berhampore Central Correctional Home. 

It is pertinent to note that on 18th September 2017, Ms. Rina Bibi, the victim’s wife lodged a written complaint, by post, with the Superintendent of Police, Murshidabad. In the complaint, she narrated the whole incident of torture and custodial violence committed by the police personnel of Jalangi Police Station. However, there has been gross neglect of duty on the part of the police officials as they have taken no action against the errant police officials in this case. Their inaction towards this investigation means that the victim’s family has not yet received information as to the measures taken by the police.

ADDITIONAL INFORMATION:

While Manirul is indeed an accused in an NDPS case in which he failed to appear, this does not justify the police torture and failure to follow due process. A person is innocent until proven guilty and it is the duty of the police to ensure that the law is followed while apprehending an accused. 
In this case, the police failed to prepare an arrest memorandum which is an essential requisite of Section 41 B of The Code of Criminal Procedure, 1973(CrPC) that must be followed by police personnel. Secondly, they failed to conduct a medical examination of the arrested person within 48 hours of arrest, which would have ensured that the evidence of torture was recorded and the accused was given prompt treatment and produce him before Magistrate within 24 hours of his arrest. This is provided for in Article 22 of the Constitution of India, the guidelines of the landmark case of D.K. Basu Vs. State of West Bengal [(1997) 1 SCC 416] as well as the provisions of Section 54 of CrPC. Thirdly, the Superintendent of Police was unsuccessful in referring the complaint lodged by the wife of the victim to the magistrate as required by Section 155 of the CrPC. The police officials are also responsible for their failure to comply with the provision of Section 157(2) of The Code of Criminal Procedure according to which the officer in charge of the police station shall notify the informant the fact the he will not investigate the case or cause it to be investigated, with reference to his wife’s complaint. The Police officials in this case must be prosecuted under Section 166 of the Indian Penal Code for disobeying the directions of the Law, causing injury to a person. They should be held liable under penalties provided under Section 29 of the Indian Police Act for neglect of their duties.

The written complaint be converted into a F.I.R followed by an immediate investigation, as some of the charges against the officials are cognizable offences. The Police perpetrators by their acts of torture upon the victim have contravened Articles 2, 5, 7 and 8 of the UN Code of Conduct for Law Enforcement Officials. Accordingly, they are bound to uphold human dignity and human rights of all persons. They have breached Article 7 of International Covenant on Civil and Political Rights and have also violated the fundamental right to life and liberty as provided under Article 21 of the Indian Constitution.

SUGGESTED ACTION:

Please write letters to the relevant authorities asking them to order an enquiry into the behavior of the errant police officials and to initiate criminal proceedings against them for torture and for failing to follow the due process of law. The victim must be compensated for the torture and for injuries caused due to the torture.

The AHRC is writing a separate letter to the UN Special Rapporteur on Torture calling for their intervention in this matter.

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