INDIA: A man allegedly tortured and implicated in false cases

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner in West Bengal, MASUM, regarding the alleged illegal detention and brutal torture of a man by the Officer-in-Charge (OC) of Shyampukur Police, Kolkata, West Bengal, India. It is alleged that the OC of Shyampukur Police was pressuring the victim to settle a dispute illegally going beyond their jurisdiction in favour of a rich and influential man. The victim was allegedly subjected to brutal torture when he protested. As a result of the torture, he lost two teeth and was also implicated in false and fabricated charges. We were also informed that the Shyampukur police, violating the law, asked Mrs. Subhra Mukherjee, the victim’s wife, to come to the police station in the night at 9pm and abused her by using indecent language.

CASE DETAILS:

Mr. Manas Mukherjee is a resident of 65/A, Ramkanta Bose Street, Kolkata, West Bengal, India. It is alleged that he was illegally detained inside the lock-up on the order of Officer-in-Charge (OC) of the Shyampukur police in Kolkata on 25 February 2007. Mr. Manas Mukherjee had earlier been asked to meet with the said OC of the Shyampukur police station relating to some business dispute with one, Mr. Aru Nag. During his police custody, the Shyampukur police also allegedly took the victim’s mobile phone and Rs. 926 (USD 21).

Mr. Pratap Bose, who accompanied the victim at the time of his arrest, immediately informed the victim’s wife, Mrs. Subhra Mukherjee, of the arrest of her husband. After hearing this, Mrs. Subhra contacted the Shyampukur police and confirmed her husband’s arrest. She was further asked to come to the Shyampukur police station to see the OC at 9pm. It should be noted that the police request is in violation of Section 46 of the Code of Criminal Procedure of India amended based on the Code of Criminal Procedure (Amendment) Act 2005, which restricts the police to call any women to the police station “after sunset and before sunrise”, except in exceptional circumstances.

When Mrs. Subhra went to the Shyampukur police station at 9 pm, the OC allegedly demanded Rs. 30,000 (USD 688) from her in exchange of her husband’s release. But she replied that she was unable to pay that amount. While Mrs. Subhra was present at Shyampukur police station, Mr. Arup Nag, the owner of Nag Decorator and the opposition party of the said dispute with the victim, allegedly entered into the OC’s room, where Mr. Manas was taken. The OC then allegedly ordered the victim to pay Mr. Arup Nag of his due and branded him as a cheater. When Mr. Manas protested the allegation, the OC allegedly punched him on the face several times with the help of another police man namely Mr. Niladri Roy. After this, the OC allegedly started beating Mr. Manas with a lathi (wooden stick). Mr. Manas finally fell down on the ground. The police then allegedly threatened him to write a statement according of the dictates of the police. Due to the assault, the victim lost two of his teeth.

At around 8:30am on 26 February 2007, the victim was brought to Calcutta Medical Collage and Hospital for his medical check-up. However, during the check-up, the victim was surrounded by the police, who threatened him not to disclose anything to the doctor. Under the circumstances, the victim did not dare to disclose his injuries to the medical officer. But it is the duty of the medical officers to examine the victims and he did not do so.

Mr. Manas was then produced before the Additional Chief Judicial Magistrate, Bankshall Court, Calcutta and the victim’s lawyer drew attention of the police torture before the Magistrate. After seeing the critical condition of the victim, the Magistrate gave an order to keep him in the jail custody instead of the police custody up to 28 February 2007.

Mr. Manas was shown arrested by the Shyampukur police and produced before the court under section 380 of Indian Penal Code for committing theft dated on 23 February 2007 against an unknown person. It is alleged that Mr. Manas was falsely implicated in the said case and it was a stock case of the Shyampukur police station and the police simply implicated him in this case out of revenge.

On 26 February 2007, Mrs. Subhra sent a complaint with Ms. Damayanti Sen, Deputy Commissioner of Police (North) regarding the illegal arrest and torture of her husband by the OC of the Shyampukur police. However, no action has yet been taken against the alleged perpetrators.

On 2 March 2007, Mr. Manas was taken to the R.G. Kar Hospital for medical treatment. After the check up, it was detected that he was suffering from high blood pressure which was 165/120 (normal blood pressure is 120/80) and the attending doctor prescribed him for special care and for some relevant medical tests. It is alleged that the attending doctor was pressurized by the Shyampukur police to give a fit certificate. But the doctor refused it and prescribed the victim for special care and for some relevant medical tests. However, after completion of the check-up, Mr. Niladri Roy, the Sub-Inspector of the Shyampukur police allegedly tore off the said prescription and abused the doctor. 
 
On 5 March 2007, Mr. Manas was released on bail with condition to visit once in a week to the Shyampukur police station till 10 April 2007.

On 6 March 2007, once again Mr. Manas was falsely implicated in another case under section 420 of Indian Penal Code and arrested by the Lake Town police and was produced before the Salt Lake Court where he was granted bail by the court.

ADDITIONAL COMMENTS:

The facts of this case disclose how the police circumvent the laws and enjoy impunity even if they engage in absolute criminal activities and breach any provision of law. It is from the state of West Bengal that the land mark case decided by the Indian Supreme Court (D.K.Basu Case) originated in which the Supreme Court of India issued directions about the procedures to be followed while arresting a person. As on today these procedures laid down by the court is incorporated into the Criminal Procedure Code. However, due to the complete collapse of rule of law and the absolute impunity enjoyed by the police in the country such amendments and legal mandates makes no difference in the way police behaves and treat people in India.

There is currently no effective law in India to prevent and punish custodial torture. There is no independent mechanism to investigate such cases also. The only remedy in cases of custodial torture is that for the victim to approach the court. But the case will be referred to the same police who is responsible for torture or to their immediate superior officers who fails to register cases against their colleagues.

SUGGESTED ACTION:
Please write to the Indian governmental authorities listed below and express your concern about this serious case. The AHRC is also writing to the Special Rapporteur on the Question of Torture, Mr. Manfred Nowak, calling for an immediate intervention in this case.

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