INDIA: Illegal detention, blatant violation of laws and threat to life of three people 

Dear friends

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal regarding three persons illegally and arbitrarily detained at Jalangi police station of Murshidabad Distrcit, West Bengal India.

Even though two of them were arrested and taken into custody on 1 July 2005 and the third person on 3 July 2005, they were not informed of the reason for their arrest. It is reported that they were tortured in custody and held without being produced before the local magistrate; a violation of Indian law itself.

On 4 July 2005, when the members of MASUM visited the police station in connection with starvation deaths in Jalangi, it was only then that they came to know of the three people. When the members from MASUM asked the police at Jalangi police station why the three persons were detained in custody, the officers had no reply.

It is now known that the police have released two of the three persons detained in custody fearing that MASUM will take action against the police officers for illegally detaining the three. However, it is our fear that the police officers will trace the two persons released and will bring harm to them to prevent them from taking action against the police. We also fear for the person who is still detained and strongly question why this is the case.

This is yet another incident from India where police arrest people at random and torture them in custody. This incident is a blatant violation of India’s law and a clear indicator of to what extent the rule of law in India has deteriorated.

In light of the above, please intervene without delay and ask the Director General of Police to ensure that a thorough investigation is conducted into the incident and necessary actions is taken against the police officers responsible for the arrest and torture of the three persons. Please also ask that all necessary steps are taken to safeguard the life of the two released persons and that the person still detained in police custody is released immediately.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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INFORMATION:

Name of the victims:
1. Mr. Anarul Islam Asraf SK, Roshan Nagar Village, Murshidabad District, West Bengal, India
2. Mr. Ruhul Amin SK, son of Mr. Ahad Ali SK, Bhaduria Para Village, Murshidabad, West Bengal, India
3. Another person whose name has not been identified (this person remains in custody)
Place of incident: Jalangi Police Station, Murshidabad District, West Bengal, India
Alleged perpetrators: Officer in charge of Jalangi Police Station and other police officers at Jalangi police station
Date of incident: 1 July 2005 and 3 July 2005

On 4 July 2005, members of MASUM, a human rights organisation in West Bengal paid a visit to Jalangi police station regarding the issue of starvation deaths reported from Jalangi, Murshidabad District of West Bengal State, India. While they were at the police station, they saw three persons aged about 24 years detained at the police lock up. The police lock up was visible from the same room where the team from MASUM were having discussions with Mr. Ansari, the Sub Inspector of the police station who was holding charge of the police station in absence of the senior police officer.

When Mr. Ansari was asked why the three persons were detained in custody, the officer had no tenable answer. However, the members of MASUM approached the police lock up and asked the three detainees why they were held at the police lock up. They replied that two of them (the persons named above) were taken into custody on 1 July 2005 and the third person was taken into custody on 3 July. Upon being detained, not one of the persons was informed of the reason for their detention, nor were they produced before the local magistrate even though the law requires any arrested person to be produced before the local magistrate within 24 hours of arrest.

The detainees also informed the members of MASUM that they were tortured severely while in custody and that they do not know what to do. Upon seeing the detainees and the members of MASUM communicating, Mr. Ansari asked the latter not to talk to the former and asked them to keep away from the lock up.

Aware that arguing with the police officer would come to nothing, yet determined to take action, the members of MASUM left from the police station. Some time soon after they were informed that two of the the detainees were released from custody immediately after MASUM left the police station. MASUM now fears that the life of the two persons released are at stake since the police might re-arrest the victims fearing that they will lodge complaints with appropriate authorities with the help of MASUM. It is also feared that the police will register non-bailable cases against the two persons so that they could re-arrest them and ensure that they could not lodge complaints. MASUM also fears for the well-being of the person still detained at Jalangi police station.

It is disturbing that the police in India resort to such acts of illegal arbitrary detention against the law of the country and even against the standing directions of the Supreme Court since the court had in the past categorically directed the law enforcement agencies to abide by the law or to face severe consequences. This incident is yet another case which proves how far the rule of law in India has deteriorated and demonstrates how little the general public can trust the law enforcement agencies in the country.

Suggested action

Please send a letter to the Director General of Police, West Bengal urging him to immediately order an investigation into the incident and also to punish the police officers who are responsible for the illegal detention and torture of the three victims.

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