INDIA: A disappeared victim’s mother’s seven year search for justice; Fair trial and urgent protection required

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Banglar Manabadhikar Suraksha Mancha (MASUM), a human rights organization in West Bengal, that 11 police officers, allegedly involved in the disappearance of Partha Majumdar seven years ago, have been charged by the Additional District and Session Judge, 1^st Court at Barasat, through Partha’s family’s constant fight to obtain justice, on 5 September 2004. The first hearing examination of Prosecution Witness is scheduled on 16 December 2004.  

However, the family now lives in fear that as the case is being in the court, the accused police officers will be more active in intimidating them and other witnesses, by using their influential position at the police machinery. In fact, the victim’s mother and sister had a road accident this July, from which they sustained severe injuries, and the family strongly believes that it was an organized attempt on their lives by the accused police officers. 

Furthermore, Partha’s family also reported that the public prosecutor in charge is in league with the accused and is trying to influence the case in favor of the accused. They also questioned the fact that all the defence lawyers appearing for the accused are state government empanelled advocates, although the amended Legal Remembrances Manual prohibits the public prosecutor from representing the police in a private capacity.  

AHRC notes with grave concern that Partha Majumdar and his family are victims of the complete failure of rule of law in India. Their story illustrates the difficult situations people fighting for justice have to face. Partha’s mother, Ms Sunila Majumdar, said in her appeal letter to the AHRC, “We are fighting! Fighting virtually with our backs to the wall for seven years! Now we have no one to rely on except a handful of socially conscious citizen?We urgently need support to take us though the most difficult phase ahead!”  

We call for your strong solidarity to support Partha’s family who are desperately seeking justice. Please send a letter to the West Bengal governmental authorities urging them to immediately suspend the accused 11 police officers, to replace the public prosecutor in-charge by a special public prosecutor for fair trial, and to provide urgent protection to the victim’s family and witnesses.    

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

Name of the victim: Mr Partha Majumdar, 30 years old at the time of his disappearance, son of late Dwijendra Nath Majumdar, who was a recognised freedom fighter for India’s independence  
Address of the victim: 106, Nandan Nagar, North 24 Parganas District, West Bengal Province, India   
Accused police officers: 
1. Sunil Kumar Haldar, presently Additional Superintendent Police of Malda 
2. Anjan Ganguly, presently Inspector in Charge (I.C.) of East Jadavpur Police Station
3. Pranab Dutta, presently I.C. of the Bally Police Station
4. Tamal Das, presently Officer in Charge (O.C.) of the Magrahat Police Station
5. Supriya Das, presently O.C. of the Keorapukur Outpost of the Thakurpukur Police Station
6. Jayanta Kumar Dey, Sub Inspector (S.I.), Habra Police Station
7. Ranjit Mandal, a police constable No. 1745, Habra Police Station
8. Abdullah Seikh, a police constable No. 48, Habra Police Station
9. Gobinda Murmu, a police constable No. 1515, Habra Police Station
10. Bishnu Mukherjee, a police constable No. 1872, Habra Police Station
11. Lakshman Giri, a hone guard No. B WHG-127, Habra Police Station
Date of forced disappearance: from 5 September 2004 till now
Case status: Police inaction to arrest the accused and no fair trial. The victim’s family and witnesses need urgent protection due to the intimidation by the accused

Forced Disappearance of Partha Majumdar and Police Inaction

At about 8 a.m. on 5 September 1997, Mr Partha Majumdar was sipping tea at a road side stall in Akrampur when a group of police officers from the Habra Police Station located Mr Suresh Barui, a local person with a criminal reputation. Although the police maintain that Suresh was killed during an exchange of gunfire, an eyewitness reported that the police brutally shot him to death, even though Suresh fell at the feet of the policemen, requesting them not to kill him. In the meantime, when the police resorted to firing that morning, Partha, who was a key eyewitness to Suresh’s killing, was hit in his leg and was taken away by the police. Partha has not been seen since then. However, the police claim that he was never arrested. 

Partha’s mother, Ms Sunila Majumdar, and his elder brother, Mr Dipankar Majumdar, have been trying to locate Partha in every way. They have written numerous letters to central government officials as well as state officials in West Bengal, in seeking their assistance. However, they have repeatedly encountered inaction, with exception to the High Court in Calcutta ordering the West Bengal Human Rights Commission (WBHRC) to undertake an investigation of the family’s claims in January 1998. 

In its report of 31 March 2000 (Reference: File No. 22/WBHRC/IW/98 and File No. 251/WBHRC/COM/98-99), the WBHRC finally verified that:  

“It is thus evident and clear that Partha Majumdar was arrested by police and kept detained in the Habra Police Station and in the name of Lakshman Giri, he was treated in hospital wherefrom he was discharged on 6 September 1997 evening and taken away by Arabinda Kushari to Barasat Police Station and since then Partha Majumdar is missing from police custody.” 

The WBHRC also recommended to the West Bengal Government to instruct the Criminal Investigation Department (CID) to initiate a case against those responsible for Suresh’s death and Partha’s disappearance, as “the police version of the encounter does not exactly correspond with the way things happened on the fateful day”.  

The CID began investigating this case, but it did not make any serious effort to arrest the accused. Instead, 11 accused police officers were granted anticipatory bail on 12 December 2000 without any objection from neither the CID nor the public prosecutor, even though their charges were non-bailable. Up to now, none of 11 accused police officers have been arrested for more than seven years and they continue in their services. Some of them have even been promoted in the mean time. 

Seven Year Fight for Justice; No Fair Trial; Collapse of Rule of Law 

For the last seven years, Partha’s family has constantly fought to get justice for Partha Majumdar. The CID has recently charged 11 accused police officers of “abduction in order to murder” under Section 364/201/34 of Indian Penal Code. (Reference: Charge Sheet No.4 dated 12.01.2004 and Supplementary Charge Sheet No.41 dated 19.02.2004 at the Sub Divisional Judicial Magistrate (SDJM) Court at Barasat, North 24 Parganas, West Bengal, India) 

After several preliminary hearings on the point of charge, on 4 September 2004, the Additional District and Session Judge, 1^st Court at Barasat, North 24 Parganas, decided that the 11 accused police officers should be tried on their charges. The first examination of witness of the case in the court has been scheduled for 16 December 2004. 

However, despite the development in this case, Partha’s family is deeply concerned that they may fail to obtain justice, as the trial has not been conducted fairly. 

The family argued that the public prosecutor in charge of the case, Shri Probodh Chandra Roy, is partial to the accused. According to the family, he was the person who had virtually allowed the accused to obtain bail without offering any serious legal opposition in 2000. The family also insists that he has deliberately made mistakes regarding the date of incident and the name of the places in the legal documents, to create confusion and delay in the case. He also allegedly threatened the victim’s mother and elder brother in open Court on 4 September 2004 while the charges against the accused were being framed. 

Furthermore, according to the amended Legal Remembrances Manual, the public prosecutor is prohibited to represent the police in a private capacity. However, in this case, all the defence lawyers appearing for the accused are state government empanelled advocates. 

Under these circumstances, Partha’s family is urging the replacement of the public prosecutor in-charge by a special public prosecutor who can ensure his fair and impartial role for the trial. They further urge that state government empanelled advocates should not represent the police officers if a fair and impartial trial is to be guaranteed.   

Intimidation and Attempt on Lives of Partha’s Family and Witnesses

Because of their strong activities in pursuing the case against the accused in the court, Partha’s family members have been frequently subjected to threats, humiliations and harassment by the police officers. The family said that they are unable to (or do not dare to) go anywhere near Habra because of the continuous intimidation by the police in the area. For example, the victim’s elder brother reported that the police in uniform openly threatened him in public saying that they would bury him alive if his family continued to pursue the session trial case. 

It was also reported that the victim’s mother and sister had a road accident on 11 July 2004 and both of them have sustained severe injuries. The sister required a major knee surgery and was hospitalized at R G Kar Medical College and Hospital until 29 July 2004. The family strongly believes that the accident was an organized attempt on their lives by the accused police officers.  

There are also allegations that some local political leaders of Akrampur under Habra Police Station have begun to influence on the trial set for December 16. It is alleged that one of the political leaders named Shri Pabitra Roy, who is commonly called Sunil Roy, is making contact with the witnesses scheduled to appear before the session trial and threatening them to give statements in favor of the accused. 

Now the family lives in fear that as the case is being heard at the court, the accused police officers will be more active in intimidating and attacking them and other witnesses, and use their influential position at the police station (one Addl. S.P., two I.C.s, two O.C.s, one S.I., four police constables and one home guard). None of the accused police officers have been suspended despite being indicted by the court.

In light of the above, the victim’s family has called for the immediate suspension of the accused to help ensure their security. According to Regulation 880 of Police Regulation, Bengal, the suspension of a police officer is authorised in cases where the continuance in an office of an officer pending enquiry is prejudicial to public interest. However, so far there has been no response from the government authorities regarding this matter. 

Partha and his family are not the only victims in this case. Justice too has disappeared. For more than seven years, in spite of the continual efforts of his family, law enforcement officers have ignored the enforcement of the law. Instead, they have sought to undermine the law by ensuring that their fellow police officers remain above it.  

SUGGESTED ACTION:
Please send a letter to the West Bengal Government urging it to immediately suspend the accused 11 police officers, to replace the public prosecutor in-charge by a special public prosecutor for fair trial, and to provide urgent protection to the victim’s family and witnesses.    

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