INDIA: Arbitrary and continuous detention in Krishnanagar jail, West Bengal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner in West Bengal, MASUM, regarding the arbitrary detention of prisoners in Krishnanagar jail. It is alleged that Mr. Israfil Mondal, Mr. Sabyasachi Goswami, Mr. Mantu Banerjee, Mr. Jalai Sk and Mr. Asok Sarkar have been arbitrarily detained at Krishnanager jail for the last two years. These men, it is alleged are supporters of the Communist Party of India (Maoist). This party and its activities are now prohibited in India by the Union Government. However, the prisoners allege that they should be treated as political prisoners and that they are being detained at Krishnanagar jail on fabricated charges.

Mr. Israfil alleges that he was released on bail only to be re-arrested 20 days later on an alleged fabricated charge of possession of drugs and returned to the same jail. In a letter written by the five detainees to MASUM, they complain that the practice against detainees charged under alleged activity with the Communist Party of India (Maoist) is to re-arrest anyone who is released with an arrest memo reading “shown arrest”, “re-arrest”, or “arrested in case connection”.

The following is an excerpt from the letter received by MASUM from the five detainees translated from Bangla to English

Dear honourable citizens,

We are some political activists, who are under-trial prisoners at the Krishnanagar District Correction Centre. Many of such political activists like us are currently detained in various prisons in West Bengal state.

The crime we have committed is, we believe in a certain political ideology. Our crime is to dream of a society, which would be free, beyond discrimination. Our crime is making the general public aware of their rights. That’s why the “Democratic” Government of West Bengal detains us in prisons.

They [the Government] lodge cases one after another against us. Whenever we are granted bail by the Court they re-arrest us immediately. The latest instance is of Mr. Israfil Mandal… He was compelled to spend two years in detention and when released was arrested again within twenty days of release.

There are many of such instances of implicating people like us with fabricated charges and arbitrary arrests. Despite all these arbitrary detention and arrest they cannot impose “Curfew” inside our brains. So, we are thinking about alternative ways of protest.

We have decided that we would go for a peaceful hunger strike inside the prison for some specific demands which are of equal importance, not only for us but for all inmates. Please raise you voice on our behalf to the human rights organizations and the Ministry of Home Affairs of the West Bengal Government and appropriately intervene into these issues. We urge the progressive intellectuals and pro-democracy conscious citizens of West Bengal to stand beside our movement and for us.

Our demands are as follows:

* All the cases lodged against the political detainees must be dropped and they must be released unconditionally
* Stop the harassment of political activists implicating them with fabricated charges and re-arrests
* The political activists must be treated as “Political Detainees” inside the prisons
* The detainees must be allowed to read Marxist books in the prisons
* It must be ensured that the democratic rights of the detainees (especially the political detainees) would never be hindered in the prisons.
* Legal action must be taken against those activists of the CPM, who are giving envious and irritating statements in the public meetings against our movement
* There should be sufficient food supply in the prisons so that the prisoners and detainees can survive
* To prevent spreading of Hepatitis-B, AIDS and other contagious deceases there must be proper supply of fresh blade for shaving for every person
*The officially released Bangladeshi prisoners must be sent back to their country

With greetings-
1. Israfil Mandal
2. Sabyasachi Gowshwami
3. Montu Chattarjee
4. Jelai Sheikh
5. Ashok Sarkar  

The domestic law in India, The Criminal Procedure Code mandates the arresting officer to record the reason for arrest showing under what charges the person is arrested. However, the reasons shown for the arrest of Israfil, Sabyasachi, Mantu, Jalai and Asok does not show any such reason, which is a clear violation of the law. The detainees also allege that re-arrests are not limited to their cases but also apply to many others who are kept at Krishnanagar jail owing to their allegiance to the Maoist faction of the Communist Party of India.

The detainees also allege that the condition within the prison is appalling where proper food and even razors are not provided to the detainees. The detainees allege that owing to the poor sanitary conditions and lack of hygiene there is a possibility for the spread of diseases from one detainee to the other. These conditions and the manner in which these persons are arrested and detained amount to torture and inhuman treatment under the Convention against Torture, which India has signed, but failed to ratify.

The detainees also allege that there is a huge number of Bangladeshis currently held at Krishnanagar prison. These foreigners detained at the prison face an indefinite stay since none of their cases are taken up by the Union Government so that they could return to their country.
As of today Israfil, Sabyasachi, Mantu, Jalai and Asok along with a few other detainees are on a hunger strike in Krishnanagar prison protesting against their indefinite detention in Krishnanagar jail.

SUGGESTED ACTION:

Please send a letter to the relevant authorities’ listed below calling for an immediate investigation into the alleged illegal detention of persons at Krishnanagar jail in West Bengal. We also request you to express your concern about the conditions of detention, food and hygiene in particular.

 

 

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