INDIA: Apparent police inaction into the alleged constant assaults and threats against a man

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner MASUM, a human rights organization in West Bengal, India, about the apparent police inaction into the alleged constant assault and threats against a man named Mr. Susanta Mondal. Since 2005, the victim and his family members have been harassed and assaulted by the members of the Matry Sangha Club, organized by the Democratic Youth Federation of India (DYFI) which is a youth front of the West Bengal ruling party, the Communist Party of India-Marxist (CPI-M). The victim alleges that the police have not taken any action against the alleged perpetrators due to political influence. The victim and his family are receiving threats from the alleged perpetrators on a daily basis and live in fear for their security. 

CASE DETAILS:

Mr. Susanta Mondal (38) along with his family has been living at Sitakundu village, Sitakundu post office, under the jurisdiction of Baruipur police station, South 24 Parganas district, West Bengal state, India for the last 30 years. Next to his house, there is a large field and a club named Matry Sangha, organized by the Democratic Youth Federation of India (DYFI) which is a youth front of the West Bengal ruling party, the Communist Party of India-Marxist (CPI-M).

Two years ago in 2005, some members of the said club suddenly demanded a portion of the residential property of Mr. Susanta Mondal for the playing ground of the club. When Mr. Susanta Mondal refused their demands, a group of 25-30 persons along with the said club members allegedly came to his house and forcibly broke the boundary wall of his house. They also allegedly bombed the toilet of Mr. Susanta Mondal’s house and physically assaulted him and his family members. They further threatened the victim and his family with murder if Mr. Susanta Mondal refused to give up a half portion of the property.

Mr. Susanta Mondal then lodged a complaint at the Baruipur police station regarding this matter and subsequently a case was registered against these persons under sections 127/147/148/436/448/323/325 of Indian Penal Code (case no. 203/2006 at the Baruipur police station). Section 127 is about “receiving Property taken by war on depredation mention in Sections 125 and 126”, section 147 is about “punishment for rioting”, section 148 is about “rioting, armed with deadly weapon”, section 323 is about “punishment for voluntarily causing hurt”, section 325 is about “punishment for voluntarily causing grievous hurt and section 436 is about “mischief by fire or explosive substance with intent to destroy house, etc.”

However, all the accused persons except three managed to get anticipatory bail from the court. Even the three accused persons were in custody only for 15 days in connection with the said case. As a result, all the accused persons freely walk around the locality. Mr. Susanta Mondal said that they continuously threaten and assault him.

Mr. Susanta Mondal then again went to the Baruipur police station and tried to lodge a complaint against these persons many times but the police refused to register any of his complaints. The Baruipur police only registered General Diaries numbered 764 dated on 08/05/06, 1046 dated on 17/07/06 and another (no diary number was given by the police) dated on 17/07/2006. The Baruipur police have not initiated any action to inquire about the incidents or arrest the alleged perpetrators, but merely received the complaint as a general diary case.  Mr. Susanta Mondal says that the Baruipur police further advised him to compromise and settle the matter with the alleged perpetrators.

Realizing no possibility of getting justice from the police about his matter, Mr. Susanta Mondal, who could not bear the constant threats by the alleged perpetrators, found shelter at the house of his friend whose name is also Susanta Mondal living at Begumpur village under the Baruipur police station jurisdiction.

After five months, Mr. Susanta Mondal returned to his house on 6 March 2007. When he arrived at his house at around 5:00pm by bicycle, the said club members brutally assaulted him with iron rods. They include Mr. Medo Naskar, Mr. Jado Naskar, Mr. Pradip Naskar, Mr. Pradip Halder, Mr. Sudip Mondal, who are all members of the Matry Sangha Club. When Mr. Susanta Mondal became senseless due to the brutal assault, the alleged perpetrators left the place.

The victim was found by local shopkeepers, who took him to the Baruipur police station. Seeing the serious condition of the victim, the police then sent him to the Baruipur State General Hospital.

However, Bainuddin, one villager of Mr. Susanta Mondal’s village, reported that the alleged perpetrators were talking with the doctors of Baruipur State General Hospital when he together with others took the victim to the hospital. A doctor at the hospital then refused to admit Mr. Susanta Mondal and advised that he gets admission at the Bangur Hospital in Kolkata. It is also alleged that Dr. M R Gupta of the Baruipur State General Hospital recorded in his medical report that the victim’s injuries were caused by the bamboo sticks, which is not true at all. Mr. Susanta Mondal was then taken to the Bangur Hospital in Kolkata, where he was admitted 8-9 days for the medical treatment. He was then discharged from the hospital.

On 7 March 2007, Mr. Subol Mondal, the victim’s elder brother, lodged a complaint at the Baruipur police station regarding this assault case and a case was subsequently registered against the alleged perpetrators (case no. 86 dated 07/03/07). However, the police did not attempt to arrest the alleged perpetrators.

They simply went to the victim’s house and asked for the medical papers of Mr. Susanta Mondal, who was admitted at the Bangur Hospital at that time. When the victim’s family members told the police that they did not receive any medical paper from the hospital, the police left the place. It is alleged that the police never tried to get the medical report of the victim directly from the hospital.  The police also allegedly told the victim’s family members, not to agitate this incident.

Meanwhile, the perpetrators are allegedly threatening the victim’s family and the eyewitness of the incident everyday and told them not to disclose anything about the incident. With lack of the police intervention, the victim and his family are living in great fear for their lives. Mr. Susanta Mondal alleges that the accused persons could escape from the punishment due to political influence.

The AHRC was informed that on March 14, the fact-finding team of the MASUM visited the Baruipur police station to meet Mr. Ghosh, the Investigating Officer of this case. However, they were told that he was not present at the police station and also told that the Officer-in-Charge (OC) was also absent. The on-duty police officers told them that no policemen would say anything about the concerned case without permission of the OC.

SUGGESTED ACTION:
Please write to the concerned authorities listed below and demand that an impartial and through investigation by an independent investigation agency into the case. Please urge them to take action to arrest and prosecute the alleged perpetrators as soon as possible. Please also urge them to provide effective protection to the victim and his family members.

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