INDIA: Allegations of Police aiding criminals in relation to a man’s death in West Bengal

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that a person named Dipak Rakshit was assaulted by a gang of criminals on 8 March 2004 which resulted in his death. The family reported that Mr. Dipak Rakshit, a local real estate businessman, had received continuous threats from the concerned perpetrators, who wanted to monopolize the huge amount of benefit from the construction boom in the area. Even though the relatives have lodged complaints regarding the incident to the South Bidan Nagar Police Station under North 24 Parganas District, the police have taken no serious action whatsoever. It is alleged that the police are reluctant to investigate this case because the perpetrators are the close associates of the ruling Communist Party of India (Marxist) in West Bengal, and bribe the police monthly.

According to the family, this is yet another case of serious threat against them, as they have suffered from house attacks, arson, looting, dacotiy, murder attempts, bomb attacks, and the use of fire arms since September of last year. The family lodged at least 19 complaints at the South Bidan Nagar Police Station about these incidents but no serous action has been taken by the police.

Your urgent action is required to pressure the local authorities to take speedy remedial measures into this case, to provide protection to the victim’s family and to arrest the perpetrators involved without delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
———————————————————

DETAILED INFORMATION

Name of the victim: 1) Mr. Dipak Rakshit (murdered), 2) Mr. Dipak Rakshit’s family (receiving various kinds of threats and attacks)
Address of the victim: 365 Naba Palli, Post Office Naodanga, South Bidhan Nagar Police Station, North 24 Parganas District, Kolkata-98
Date of the incident: 8 November 2004
Place of incident: Chingrihata, under the jurisdiction of South Bidan Nagar Police Station, West Bengal, India
Alleged perpetrators:
1) Rabi Hazra, son of Late Shyamapada Hazra of House No. 366 Naba Palli
2) Shambhu Mondal, son of Late Surjya Mondal (near Anna’s shop)
3) Pradip Kumar Mondal, son of Late Jyotish Chandra Mondal of 179 Shanti Nagar
4) Rama Das, son of Late Deben Das of 23 no. Ward (near Sishu Udayan)
5) Sonai Mondal, son of Late Kenaram Mondal of house no 366, Nabapalli
6) Nidhiram Makal, son of Late Gano Makal of Ward no. 23 (behind Shishu Ratna School)
7) Dhepo Mondal, son of Late Kenaram Mondal of Plot No. D/1, 697 Sukanta Nagar
8) Subrata Adhikari alias Puchan, son of Late Jiten Adhikari of D/1, 719 Sukanta Nagar
9) Ramu Nandi, son of Krishnapada Nandi of Thakurthan, Naba Palli
10) Sujit Mondal, son of Late Jayanta Mondal of Shanti Nagar
11) Kartick Maakal, son of Paanchu Maakal of Naba Palli (near Shitala Temple)
12) Shankar Das, son of Late Subodh Das of 4 no. Fisher
13) Mr. Chitta Ranjan Mondal, Inspector of Police & in-charge of South Bidhan Nagar Police Station
14) Somnath Das, Sub-Inspector of Police & in-charge of Parama Investigating Centre under the Tiljala Police Station
15) Officer-in-Charge of the Tiljala Police Station

(*Perpetrators 1 to 12 are residing within the jurisdiction of South Bidhan Nagar Police Station, District North 24 Parganas, West Bengal, India)

Case details: (Based on the victim’s family’s account)

Mr. Dipak Rakshit is a local real estate businessman. On 8 March 2004 at about 11:45pm, Mr. Dipak Rakshit’s neighbor, alias Bhola Rakshit, received a phone call from the police of Parama Outpost of the Tiljala Police Station informing that Mr. Dipak Rakshit was grievously injured in a car accident. He immediately informed the victim’s family who rushed to the Parama Police Outpost. There the police directed the family to the Chittaranjan Medical College & Hospital, where the victim was admitted with serious injuries and died soon after.

An autopsy on Mr. Dipak Rakshit’s body was held at Nil Ratan Sarkar Medical Collegae & Hospital on the following day (March 9) and its report revealed 19 gross external injuries on the victim’s body. The police claimed that the case is a simple traffic accident and the victim died due to profuse bleeding from the injuries sustained in the accident. However, the fact-finding team of MASUM, who visited the accident site, reported that they could not find any evidence of a traffic accident at the site. They also reported that no major damage could be found on the victim’s car.
Ms. Dolly Mondal, an elder sister of the victim, filed a complaint at the Alipur Sub Divisional Judicial Magistrate under section 156 (3) Criminal Procedure Code of India for reinvestigation of the murder of the victim. However, no action has been initiated by the police. The police still maintain their claim that the victim’s death was not due to any torture but due to injuries by the traffic accident. When a MASUM member reached Chitta Ranjan Mondal, Inspector of Police and in-charge of South Bidhan Nagar Police Station, he simply replied that it was a clear case of accident so “what was necessity for useless dragging”.

The Victim’s Family

However, according to some witnesses from the locality, the real cause of Mr. Dipak Rakshit’s death is brutal torture by perpetrators 1 to 12. The witnesses said that they saw the victim being taken by three or four persons amongst the 12 perpetrators on March 8. However, they are not willing to give their testimony to the police fearing their safety.

In fact, Mr. Dipak Rakshit and his family have received continuous threats from the perpetrators 1 to 12 since September last year. According to the family, these 12 perpetrators are in the same real estate business as the victim, in an area where a construction boom has recently occurred. They have attempted to intimidate and kill the victim several times since September last year in order to monopolize the huge amount of benefit from this construction boom.

Attacks and threats on the victim and his family were of a notorious type such as house attack, arson, looting, dacoity, murder, bomb attacks, and the use of fire arms. (Date of attacks and threats: 1 September 2003, 7 September 2003 (twice), 8 September 2003, 10 September 2003, 21 September 2003, 25 September 2003, 3 October 2003 (twice), 8 October 2003, 12 Octorber 2003, 2 November 2003, 18 November 2003, 27 November 2003, 5 February 2004, 16 February 2004, 23 February 2004, 8 March 2004 (the day of the victim’s murder), 5 July 2004, 6 July 2004 until now)

The family has lodged at least 19 written complaints to the South Bidhan Nagar Police Station about these continuous attacks and intimidation used against them, however, the police have done nothing, even though all these charges are non-bailable. While the other complaints were ignored by the police, only one case was registered upon the complaint of the victim’s family but the accused people obtained bail from the court. The family alleged that police are reluctant to inquire into this matter because all the criminals involved provide bribes to the police regularly and they are patronized by the ruling political party (CPIM) of West Bengal State Government.

After the victim’s death, the victim’s family, in particular the mother and the elder sister, have been intimidated by the perpetrators several times who demand that they stop pursuing the complaints against them. The victim’s family is now living in terror.

SUGGESTED ACTION
Please send a letter, fax or email to the relevant authorities expressing your concern regarding this matter.

 

 

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