Dear friends,
The Asian Human Rights Commission (AHRC) has received information from our local partner MASUM, based in West Bengal that a family is facing continuous threat from extortionists and that the local police is refusing to take any action in the case. Mr. Monoranjan Ghosh, the head of the family was assaulted several times by the extortionists. He had lodged complaints at the local police stations and also with senior police officers and the local court. However, it is alleged that the police is sheltering the extortionists and that the police is failing to take any affirmative action on the complaint. This case exposes the pitfalls within the Indian legal system and the plight of a victim to set the law in motion in India.
CASE DETAILS: :
According to the information received Mr. Monoranjan Ghosh, aged 45 years, son of late Kulendra Nath Ghosh, residing at Gopalpur village, under the jurisdiction of Maheshtala police station, in South 24 Parganas district of West Bengal purchased a small stretch of paddy field from Mr. Vagyabala Mondal some five years back. Soon after the purchase a local land broker Mr. Prabir Das approached Monoranjan and demanded Rupees 60,000 [1,363 USD] from him. Monoranjan refused to pay and Prabir threatened Monoranjan that he would kill him if Monoranjan did not pay up. It is alleged that Prabir is notorious in the locality and known for extortions and is alleged to have good connections with the local police.
On 25 June 2006 Prabir and his men came to Monoranjans house and threatened the family that unless they pay the money they will have to face dire consequences. They also assaulted Monoranjan. Once Prabir and his men left Monoranjan went to Zinzira Bazar Investigation Centre on the same day and lodged a complaint. The complaint was registered as a General Diary Entry with number 996/2006. It is alleged that even after the complaint the police refused to take any action against Prabir and his men.
On 20 September 2006 Prabir and his men attacked Monoranjan on the road. They assaulted him and also snatched away his gold chain. Monoranjan was seriously injured in the incident and yet again Monoranjan reported the matter to the Zinzira Bazar Investigation Centre and requested the police officers to register a case. The police however refused to register a case, but recorded his complaint as yet another General Diary Entry with number 724/2006 at the Zinzira Bazar Police Station. Seeing that Monoranjan was seriously injured in the incident, the police officers sent Monoranjan to the Vidyasagar State General Hospital where he was admitted and treated till 23 September 2006. The police continued to refuse to take any action upon Monoranjans complaint. It is alleged that Mr. Rameswar Ojha, the Officer in Charge of Zinzira Police Station advised Monoranjan to pay up so as to avoid any further assault.
Being convinced that the local police is in fact sheltering Prabir and his men Monoranjan approached the Chief Judicial Magistrates Court at Alipore and filed a private complaint against Prabir and his men. The court accepted the complaint to records and forwarded it to the Maheshtala Police Station asking the police to register a case and to conduct an investigation. The police on receipt of the notice from the court registered a case as 218 of 13 October 2006 and arrested Mr. Asit Mondal and Mr. Raja Mondal, two men working for Prabir and produced them before the court requesting the court to keep them in judicial custody. The police however did not arrest any other person named by Monoranjan. Asit and Raja were released on bail after three days of detention.
On 5 December 2006 at night Prabir and his men armed with weapons again attacked Monoranjan near a place called Garden Reach. Noticing that Prabir and his men were armed Monoranjan managed to escape from the place. On the same day Monoranjan lodged a complaint at the Garden Reach Police Station which was recorded as yet another General Diary Entry with number 370 dated 5/12/2006. On 8 December 2006 Monoranjan was again attacked by Prabir and his men at Taratala market. Monoranjan lodged a complaint about the incident at the Taratala Police Station which was also registered as yet another General Diary Entry 575 dated 8/12/2006 of Taratala Police Station.
On 12 January 2007 and on 14 January 2007 Prabir and his men came to Monoranjans village armed with weapons and threatened the villagers and Monoranjan and his family shouting at them in abusive language. The villagers soon reported the matter to Zinzira Bazar Investigation Centre. The police officers came to the village and gathered statements from the villagers, but failed to take any further action. The subsequent day Prabir and his men again came to the village and threatened the villagers. Upon this incident Monoranjan and the villagers filed a mass petition before the Additional Superintendent of Police of South 24 Parganas district. However, this officer also did not initiate any action against the Prabir and his men. As of today Prabir and his men is continuing to threaten Monoranjan and in spite of all the complaints and even after a court order the local police have failed to take any affirmative action in the case.
BACKGROUND INFORMATION:
The entire criminal justice mechanism in India is plagued with various issues from delay in courts to corruption in police to impunity enjoyed by the law enforcement agencies. The AHRC has issued a statement today dealing with this issue. For further information please see AS-080-2007. As it is evident in this case Monoranjan has tried all possible resources within his limit and those available within the existing legal framework in India. None of these has rendered any possible remedy to Monoranjan.
SUGGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging for an immediate and thorough investigation into this case so that actions are taken against the alleged perpetrators. An independent inquiry must also be held into the alleged failure of the local police to investigate the complaints filed by Monoranjan at various occasions. India must also ratify the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and to implement the convention at the domestic level.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
INDIA: A family threatened by extortionists and the local police refusing to take any action
Names of the victims:
1. Mr. Monoranjan Ghosh, aged 45 years, son of late Kulendra Nath Ghosh, residing at Gopalpur village, under the jurisdiction of Maheshtala Police Station, South 24 Parganas, West Bengal state and his family
Alleged perpetrators:
1. Mr. Prabir Das, son of Netai Das
2. Mr. Shyamal Naskar
3. Mr. Asit Mondal, son of late Khudiram Mondal
4. Mr. Shekhar Naskar, son of Shyamal Naskar
5. Mr. Sukhoranjan Naskar, son of Shyamal Naskar
6. Mr. Susanta Naskar
7. Mr. Raja Mondal, son of late Khudiram Mondal
8. Mr. Parushuram Mondal
9. Mr. Prasanta Naskar
10. Mr. Rameswar Ojha, the Officer in Charge of Zinzira Bazar Investigating Centre
11. Mr. Chandrakanta Das Mahapatra, the Officer in Charge of Maheshtala Police Station
Date of the incident: 25-06-2206, 20-09-2006, 14-10-2006, 05-12-2006, 08-12-2006, 12-01-2007 and 14-01-2007
I am writing to you to express my concern regarding the apparently willful failure of the local police to investigate a series of incidents of threat, intimidation and assault upon the victim Mr. Monoranjan by the perpetrators named one to nine above who are allegedly extortionists from the locality. It is alleged that the reason why the local police is failing to take any action upon the complaints filed by the victim is that the perpetrators named above are entertaining very close relationship with the local police.
I am informed that the perpetrators named above have assaulted Monoranjan several times and even threatened his family and the villagers of the village in which he stays asking Monoranjan to pay the extortionists. It is alleged that many complaints filed by Monoranjan has only been recorded as General Diary Entries at various police stations and was never registered as a crime. I am also informed that finally Monoranjan had to approach the court requesting the court to instruct the Maheshtala police to register a crime against the alleged perpetrators and investigate the case.
However, the Maheshtala police registered a case only against two perpetrators and though they were produced in court were soon released on bail. I am informed that in the meanwhile the Officer in Charge of Zinzira Police Station has advised the victim to settle the matter with the perpetrators, which is good enough reason for the victim to believe that the police is protecting the perpetrators, in addition to refusal to register proper cases against the accused.
I am informed that the perpetrators are continuing with their threat while the victim and his family is living in fear. I therefore urge you to immediately interfere in this case and to order an impartial investigation into this case. I also urge you to take appropriate actions against the erring police officers who refused to initiate any affirmative action against the perpetrators so that incidents of this nature do not recur.
I look for your urgent intervention into this matter.
Sincerely yours,
———————
PLEASE SEND YOUR LETTERS TO:
1. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341
2. Justice Surinder Singh Nijjar
The Chief Justice Calcutta High Court
Through the office of the Registrar
High Court of Calcutta
Kolkata, West Bengal
INDIA
3. The Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata – 700027
INDIA
Fax: +91 33 4799633
4. The Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
5. Home Secretary
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in
6. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328
Email: chiefsec@wb.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
