INDIA: Non-cooperation by police in the case of a young man’s death in West Bengal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal about the local police in Jalangi, Murshidabad District, not only shielding all the accused in a murder case but also fabricating a case against the victim.

On 15 October 2004, Subhash Mondal and his elder brother, Swapan were cycling home from the market with about ten kilograms of wheat flour and Rs 15000 (USD300) when they were brutally attacked by a group of armed men in their village. Swapan rushed to the nearby Border Security Forces camp for help. Subash was then taken in an extremely critical condition to the Jalangi police station and subsequently to the Sadikhandear Hospital. The doctor there advised that Subash be transferred to the District Hospital, Behrampore but he died on the way there.

The victim’s elder brother lodged a written complaint with the Jalangi police station while Subhash’s body was still at the hospital. However, the police did not register a First Information Report (FIR). Another complaint was lodged on October 16 at 6am by the victim’s family but it is alleged that the police in an attempt to save the real culprits registered a counter case against the victim. Later, they arrested four persons and marked the other thirteen perpetrators to be absconding.

It is also the police’s responsibility to send the body for post-mortem but instead they asked the victim’s family to hire a car and take the body to Behrampore.

It is also alleged that the police are connected with these perpetrators who are involved in cross-border smuggling. In the FIR the police wrote that Subhash was actively involved with these men in their smuggling activities.

The victim’s family now faces serious threat and have not only complained to the Jalangi police station but also written to various other authorities, including the State Human Rights Commission, but are yet to receive a reply.

We therefore call for your urgent intervention. Please ask the Director General of Police, West Bengal to immediately order a thorough and impartial investigation into the incident and take action against all those police officers who failed in their duty as per procedures mandated in the law. All those responsible for Shubash’s death should be duly punished and the complaint against him should be immediately withdrawn.

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

Name of the victim: Subhash Mondal, aged 26 years, son of the late Bishtu Pada Mondal
Address: Chak Mathura Village, Jalangi Police Station, Murshidabad, District, West Bengal,
Place of incident: Chak Mathura Village
Alleged perpetrators:
1. Shankar Mondal, son of?Bhiku Mondal;
2. Sudhir Mondal, son of the late Bhadu Mondal;
3. Birku Mondal, son of the late Bhadu Mondal;
4. Abu Doctor, alias Sheik, son of Ismile Doctor;
5. Daud Doctor, son of Ismile Doctor;
6. Kuddus Doctor, son of Ismile Doctor;
7. Ansad Doctor, son of the late Isha Haque;
8. Samrul Doctor, son of the late Ansad Ali;
9. Jamrul Doctor, son of the late Ansad Ali;
10. Uttam Mondal, son of Liku Mondal;
11. Bhasan Mondal, son of Ramapada Mondal;
12. Mimai Mondal, son of Rampada Mondal;
13. Sujit Mondal, son of Upen Mondal;
14. Khedu Mondal, son of Mofej Mondal;
15. Kashinath Mondal, son of Upen Mondal;
16. Tajbul Doctor, son of Abu Doctor; and,
17. Haqman Mondal, son of Ajbar Mondal

Date of incident: 15 October 2004

Case Details:

On 15 October 2004, Subhash, a 26-year-old man, involved in a small jute fibre business was returning from the market with his elder brother Swapan, carrying about ten kilograms of wheat flour and about Rs 15000 (USD300) when they were attacked by a group of armed men carrying iron rods and country made pistols amongst other things.

The men pounced on Subhash and Swapan and attacked them so severely that Subhash was badly injured. Swapan then rushed to the nearby Border Security Forces’ (BSF) camp to seek help. The BSF personnel came with him and rushed his severely wounded brother to the Jalangi police station where the police officers took some notes and then sent him to the Sadikhandear Hospital (Block Primary Health Centre). The doctor at the hospital treated him but on seeing his critical condition advised Swapan to immediately take him to the District Hospital, Behrampore. However, Subhash died on the way to the District Hospital.

Subash’s brothers then went to the Jalangi police station where his elder brother, Babu Mondal lodged a written complaint disclosing the names and addresses of the seventeen perpetrators. However, Sub-Inspector of Jalangi police station, Mr. Harish Ali Khan, to whom the complaint was given, did not treat it as a First Information Report (FIR). The police then asked the victim’s family to take the body to Behrampore in a hired car (Rs 1000 as hiring charges) and only after they rented a car did a constable accompany the body.

Swapan then lodged a complaint with the Jalangi police station at 6am on October 16, which was registered as a FIR (case no 178/2004). It is alleged that soon after, the police fabricated a case against the victim with the help of a sex worker from the locality saying that he was lynched by a mob of people for certain wrong doings.

Swapan also claims that the thumb impressions of him and his brother on the inquest report were not genuine.

It is alleged that the police were involved with the perpetrators in cross-border smuggling and were therefore trying to cover up for them. However, in the counter case that they lodged against Subhash, the police mentioned that it was he who was involved with these men in their smuggling activities.

On the basis of the complaint by the victim’s family, the police arrested only four of the perpetrators and mentioned that the other thirteen were still absconding.

The victim’s family has been under constant threat and has registered two complaints with the Jalangi police station (GDE No. 1006 / 21 December 2004; 1153 / 24 December 2004 and 1265 dated 21 June 2005). Their stolen money and their two bicycles have not been found as yet.

They have also written to the State Human Rights Commission and to Mr. Narayan Ghosh of the Economic Offence Investigation Cell, Department of Finance but are yet to receive a reply from either of them.

SUGGESTED ACTION:
Please send a letter to the Director General of Police, West Bengal urging him to immediately order an impartial investigation into this incident.

 

 

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