INDIA: Police inaction provides ample opportunity for criminals to walk free

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that Mr. Anal Abedin, a reporter of Anandabazar Patrika [leading newspaper in West Bengal] was  attacked by 30 armed men led by an ex-chairman of Berhampore Municipality, Mr. Akbar Kabir alias Babul Kabir at his residence on 12 November 2004. The reason for the attack is believed to be related to the animosity of the perpetrators towards Mr. Anal who stands against Mr. Akbar Kabir and his men’s unsocial activities. Even though, Mr. Anal Abedin called the Murshidabad District Police when his house was surrounded by the perpetrators, the police failed to take immediate action to protect him and his family. The police only went to the victim’s house the next morning and arrested 15 perpetrators.   

However, it is alleged that the Berhampore Police intentionally facilitated the release of the perpetrators by withholding important information from the court. It was the responsibility of the police to provide the magistrate with all relevant information to this case, such as the case diary, medical reports, and seizure reports of the incident.  The police, however, failed to provide this.  They also did not inform to the public prosecutors regarding the production of the perpetrators in court so the public prosecutor who was supposed to oppose the bail application was absent during the hearing of the case in the court. As a result of the police’s actions and since the magistrate was not made aware of all the details of the case, the Sub Divisional Judicial Magistrate Court, Beharampore released all the arrested on bail although their charges are non-bailable.     

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 bring the perpetrators to justice without delay.

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

Name of the victims: 1) Mr. Anal Abedin, a journalist of a local daily newspaper, Anandabazar Patrika, 2) Mrs. Tandra Abedin, Mr. Anal Abedin’s wife, 3) Two-year-old daughter of Mr. Anal Abedin
Address of the victim: Gorabazar, Berhampore, Murshidabad District, West Bengal, India
Alleged perpetrators:
1) Mr. Akbar Kabir alias Babul Kabir, an ex-chairman of the Berhampore Municipality, 2) 30 men bearing arms, 3) Police officer in charge of the investigation of Mr. Anal’s case attached to the Berhampore Police Station in Murshidabad District, West Bengal, India
Date of the incident: 12 November 2004
Place of incident: Mr. Anal’s house in Gorabazar, Berhampore, Murshidabad District 

Case details:

Mr. Anal Abedin is a reporter of Anandabazar Patrika, a leading daily newspaper in West Bengal, India who has reported many cases of gross human rights violations in Murshidabad District. At midnight on 12 November 2004, while Mr. Abedin and his family were sleeping, a group of people headed by Mr. Akbar Kabir alias Babul Kabir, the ex-chairman of Berhampur Municipality, came and besieged Mr. Abedin’s house. Mr. Abedin, who woke due to the noise from outside, immediately called the Superintendent of Police (S.P.) of Murshidabad District, Mr. Jnanbanta Singh, and asked for urgent intervention.  However, one of the S.P.s juniors simply replied, “Sir is in bathroom, call later.”

In the meantime, the armed men broke down the door and entered the house.  All of them were wearing masks and therefore could not be recognized.  They then began to brutally attack Mr. Anal, who finally fell to the floor. When his wife Ms. Tandra Abedin tried to stop the attack, the men proceeded to assault and molest her. They even threw her two-year-old daughter from her bed. They also cut the telephone line and threatened Mr. Abedin saying: “We will finish your journalist career.” When Ms. Tandra Abedin grabbed at a man and exposed his face, she saw that he was an ex-chairman of the Berhampur Municipality and so she spoke his name. As their leader was recognized by her, they ran away immediately.    

The Berhampore Police arrested 15 suspects including the main one, Mr. Akbar Kabir, out of 30 suspects the next day (November 13).  They were subsequently produced before the Sub Divisional Judicial Magistrate (SDJM) Court, Beharampore but were released on bail immediately despite their arrest falling under a non-bailable offence.  Out of twelve charges against the suspects, the main charges are; attempted murder, the use of arms and weapons, molestation, illegal gathering and illegal house trespass. The first two charges are non-bailable offences. 

The reason why the magistrate released the perpetrators on bail is allegedly because the police failed to produce important records before the magistrate including the medical report, case diary and seizure report. The public prosecutor who was supposed to oppose the bail application was also absent which resulted in the perpetrators bail applications going unopposed. According to three public prosecutors, Indrajit Mukherjee, Kalachand Bhawal and Puroshouttam Keshri, attached to the SDJM Court, Beharampore, they were not informed by the Berhampore Police regarding the production of the perpetrators in the court. Therefore, they themselves were not present in the court. The public prosecutor’s office also alleges that the case diary was not provided to their office, which is mandatory as per the criminal procedure in India.

Assistant Public Prosecutor Indrajit Mukherjee also argued that even if the public prosecutor had been absent in the court at the time of case hearing, the Investigating Officer of Berhampore Police could have still asked the court to remand the arrested persons for further investigation and arms recovery. He added that the police did not submit the medical report, case diary and seizure report of the case to the court for this purpose, which resulted in the accused persons’ release on bail.  

The case as of now has suffered considerable damage since Mr. Akbar Kabir, the prime suspect in the case, is a lawyer and he was set free by the court. Though on bail, given the practices in India, a person as influential as the prime suspect in this case could easily tamper with the evidence in the case so that during the trial the accused persons could get an easy walk through. 

In further developments in the case, the District Magistrate of Berhampore Mr. Narayan Manju Nath Prasad, has issued a show cause notice to Mr. Indrajeet Mukherjee, the Assistant Public Prosecutor of the SDJM Court, Berhampore, asking for an explanation regarding his absence while the bail application was taking place. Meanwhile, the journalists of Berhampore District submitted a joint memorandum before the District Magistrate of Berhampore demanding a detailed inquiry into the incident.

This case is another example of intentional inaction by the police and the failure of the criminal justice delivery system in West Bengal, India. As evident from this case, the situation in India is in such a state that dangerous criminals, police and some executive officers wield so much power that any influential criminal could easily escape the wrath of the court in any case irrespective of the seriousness of the offence they commit. This is an ongoing phenomenon, which ultimately has resulted in absolute collapse of rule of law in India. This situation must end now. 

SUGGESTED ACTION
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