INDIA: Human rights activist detained in police custody on a frivolous charge

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner the Banglar Manabadhikar Suraksha Mancha (MASUM), a human rights organisation based in Howrah, West Bengal, India that one their activists have been detained at the Raninagar police station based an a frivolous charge. It is also alleged that Mr. Gopen was harassed by the local police because he was a human rights activist complaining against police torture and corruption. We are concerned that this is not the first time that Mr. Gopen is threatened and harassed by the police due to his work for human rights. Please also refer to: UA-59-2005, UA-161-2005, UA-237-2005, UA-375-2006. 

CASE DETAILS:

According to the information received, on 8 February 2007, Gopen was visiting Kaharpara Border out post of managed by the Border Security Force (BSF) of India. The purpose of the visit was to inquire into a case of murder of Mr. Saifuddin Seikh, who was allegedly killed by the BSF 136 Battalion on 1 June 2006. The murder was reported by Gopen to the AHRC and an urgent appeal was issued. For further details please see UA-249-2006. The AHRC also wrote to the National Human Rights Commission of India asking for an intervention in the case.

The National Human Rights Commission of India has registered a case upon the incident and has issued notice to the Home Secretary, Ministry of Home Affairs. For further details please see 56845/CR/2006. It was to enquire about this incident Gopen went to the BSF out post.

However while Gopen was in Kaharpara, it is alleged that a local resident Mr. Achinto Sarkar had an argument with Gopen regarding some money Sarkar has advanced to Gopen’s friend three years before. It is alleged that Sarkar later assaulted Gopen and Gopen ran into the BSF out post seeking protection. However, the BSF officers took Gopen into custody and produced him at the Raninagar police station at about 3 pm.

It is now known that the Raninagar police registered a case against Gopen as Crime 21/2007 under sections 420 [cheating and dishonestly inducing delivery of property, an offense punishable with seven years of imprisonment and fine] , 468 [forgery for purpose of cheating, an offense punishable with seven years of imprisonment and fine] and 471[using as genuine a forged document, an offense punishable with two to ten years imprisonment; depending upon the type of document forged] of the Indian Penal Code.

Mr. Kirty Roy, the President of MASUM informs the AHRC that he has met the police officers at Raninagar police station and had a chance to inquire about the documents in relation to which Gopen was detained. On perusal of the police station records, Mr. Roy was informed about several discrepancies in the documents relating to the arrest of Gopen.

The arrest, though was recorded at 3.25pm, the reason for arrest was shown as a complaint lodged by the mother of Sarkar, which was recorded at about 6pm on the same day. The complaint lodged by the lady only mentions about a financial transaction between Sarkar and Gopen’s friend where Gopen was a surety. The transaction was allegedly made three years before, which means that an offense under section 420 of the Penal Code cannot be registered as the crime is barred by the limitation. Mr. Roy also informs the AHRC that there is no allegation of forging any document in the First Information Statement, meaning which the other two offenses under which Gopen is detained also has no basis in law. The entire transaction is about 1,900.00 rupees [42.22USD].

In the meanwhile Mr. Roy was also informed that Sarkar too was taken into custody by the police on the same day. However, there is no case registered against Sarkar, in spite of a specific complaint by Gopen that he was assaulted by Sarkar on 8 February 2006. In the meanwhile, on 8 February when Gopen was produced before the Raninagar police, it is alleged that the police officers harassed Gopen accusing him of filing complaints with human rights groups against the police and the BSF. Gopen will be produced before the Lalbagh Magistrate Court today and arrangements are been made to release Gopen on bail.

The AHRC was concerned about the security of Gopen while he was in police custody since the AHRC suspected that he would be tortured while in custody. The AHRC is now informed that Gopen was not physically assaulted while in custody. When the news went out regarding Gopen’s detention several local organisations and individuals contacted the local police and other higher officials within the police and the National Human Rights Commission of India.

The AHRC is however concerned about why the police did not register any case against Sarkar, who in fact assaulted Gopen. It is alleged that the police wanted to get Gopen in jail for the very reason that he was filing complaints against the police and that they made use of incident as an excuse to get Gopen into custody. It is alleged that the Raninagar police is not likely to register a case against Sarkar and that he will be left free. Additionally, the AHRC also wish to inform you that neither Sarkar, nor Gopen were informed by the police why they are detained in the police station, which is a direct violation of the criminal procedure in India. It was only after the intervention of local human rights groups and individuals and Mr. Kirty Roy, the President of MASUM, the reason for arrest and detention was revealed to Gopen and MASUM.

SUGGESTED ACTION:

Please send a letter to the relevant authorities mentioned below urging for an immediate and thorough investigation into the entire incident. The AHRC also urge you to write to the authorities asking them to pressure the local police to register a case against Mr. Sarkar, the person who assaulted Gopen. The AHRC is also writing to the Ms. Hina Jilani, the Special Representative of the UN Secretary General for human rights defenders calling for an immediate intervention in this case

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