UPDATE (India): Jalangi police and West Bengal government encouraging violence in the state 

[Re: UA-244-2006: INDIA: BSF officers kill two victims, including a 17-year-old boy; UP-156-2006: INDIA: Two BSF constables dismissed without facing legal action for the killing and UA-283-2006: INDIA: Jalangi police continues unabated brutality in Murshidabad district of West Bengal]
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INDIA: Extra-judicial killings; assault; violation of the right to life; corruption; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission has received updated information regarding the case of extra-judicial killing of two persons by the constables from the Border Security Forces (BSF) of Khayertala BOP No. 1 in West Bengal. MASUM a human rights organisation based in West Bengal which is also the AHRC’s local partner which is following the case closely was informed that the police officers from Jalangi police station had approached the brother of Mr. Jabbar Mondal, who was killed by the BSF, and forced him to sign a document to show that he had not lodged a complaint with the police regarding the murder of his brother [for further information regarding this case please see UA-244-2006 and UP-156-2006].

The AHRC is also informed by MASUM that on 15 September 2006 the officers from the same police station raided the house of Mrs. Anesa Bewa, mother of Mr. Bajlur Rahaman [another victim of custodial torture – for further information please see UA-283-2006] and threatened Anesa that she will have to face dire consequences if she pursued her complaint regarding assault, illegal detention and torture of her son with the court any further.

For further information regarding these cases please see UA-244-2006, UP-156-2006 and UA-283-2006. It is suspected that the police is trying every possible ways, mostly by threat and intimidation of the victims or the relatives of the victims, to avoid any further action being taken against the police officers on complaints filed against them. While the AHRC and MASUM appreciate the fact that the response by the police officers are probably due to the inquires the authorities in India have initiated in response to your letters of concern regarding these cases, the AHRC and MASUM is concerned about the safety of the victims and their relatives.

LATEST UPDATES OF THE CASES:

(1) Case of BSF killing:

On 11 July 2006, 16-year-old Mintu Molla and 26-year-old Jabbar Mondal (alias Jabbarul Mondal) were allegedly shot at point blank range when they were in the custody of duty officers of the Border Security Forces of Khayertala BOP No. 1 Point, Murshidabad District, West Bengal, India. The vice president of local Gram Panchayat of Mintu’s village certified that Mintu was caught and killed by BSF officers when he was returning home from his family’s land after feeding the cattle.

On the morning of July 12, Mr. Bajlur Rahaman Mondal (Jabbar’s elder brother) and Mr. Mainul Molla (Mintu’s family member) went to Jalangi police station to lodge a case against the BSF personnel bringing two separate written complaints. However, Officer-in-Charge (OIC) Mr. Somnath Banerjee allegedly refused to register their complaints. According to Mr. Bajlur and Mr. Mainul, the OIC even threatened them saying that they would be implicated into fictitious cases where they would be imprisoned for years if they lodged complaints against BSF personnel.  The two men therefore had to return home without lodging complaints.

On July 25, Mr. Bajlur and Mr. Mainul sent two separate complaints to the Superintendent of Police (SP) of Murshidabad district, West Bengal. Meanwhile, two BSF constables involved in the case were dismissed without taking any legal action taken against them. They are Mr. Upendra Roy (Rifle No. 08002553) and Mr. Anil Mishra (Rifle No. 90173022), who were attached to “F” Company under 62 Battalion of BSF, posted at Khayertala border outpost camp.

The AHRC on receipt of information regarding this case issued urgent appeal UA-244-2006 on 20 July 2006 and an update to the urgent appeal UP-156-2006 on 9 August 2006. The appeal and the update that followed called for an urgent intervention into the case. However, it is now reported that the police officers from Jalangi police station has approached Mr. Bajlur Rahaman on 4 September 2006 and forced him to sign a document which stated that he had never approached the Jalangi police with a complaint regarding the killing of his brother Jabbar Mondal by the BSF.

On 25 July 2006, Rahaman and Mainul sent two separate complaints to the Superintendent of Police (SP) of Murshidabad district, West Bengal regarding the incident. In the meanwhile the two BSF constables were dismissed from service. Even though the constables were dismissed from service no action whatsoever was taken against them by any authorities in India.

The AHRC is informed that Rahaman has been instructed by MASUM to write further to the Superintendent of Police Murshidabad regarding the recent threat and forced signing of documents. Rahaman has written to the officer also stating that three villagers were witnesses to the incident. They are Mr. Ajijul Seikh, son of Toder Seikh, residing at Lalakup village, Mr. Bagbul Islam Mondal, son of Rayaj Mondal, residing at Lalakup village and Mr. Rakebul Mondal, son of Palan Mondal, residing at Lalakup village. All the three witnesses are residing under the jurisdiction of Jalangi police station. It is now feared that the three witnesses named in Rahaman’s written complaint to the Superintendent of Police Murshidabad are also under threat from the police officers stationed at Jalangi police station.

On 20 September 2006 the Officer in Charge of Jalangi police station ordered Rahaman to report at the police station. The order was conveyed through a police constable. The Officer in Charge also informed Rahaman that the reason why he was asked to report at the police station was because the Domkal Sub Divisional Police Officer had asked so. However Rahaman was not able to report at the station on 20 September due to heavy rains and flood. However Rahaman telephoned the Officer in Charge and informed him his inability to come to the station. The officer informed him that he could report at the station the next day at 9am.

On 21 September, Rahaman along with Mr. Anamul Molla and Mr. Mainul Molla went to the police station. However the Officer in Charge was not present. They waited at the station till 1pm and returned home.

(2) Case of Anesa Bewa

On 28 August 2006, at about 3am six officers led by Mr. Tuhin Biswas, Sub Inspector of Police from the Jalangi police station raided the house of the Anesa. The officers who barged into the house did not inform the family whom or what they were looking for. The officers arrested Anesa’s son Mr. Bajlur Rahaman and brutally tortured him in front of Anesa. Bajlur was later taken to the Jalangi police station in a police jeep. It is alleged that Bajlur was brutally tortured in the police station also.

Anesa tried to contact Mr. Somnath Banerjee, the Officer in Charge of Jalangi police station to find out why her son was tortured and what the reason for his arrest was. However, Anesa was not provided any details by the officer. Subsequently Anesa contacted MASUM on 30 August 2006 in the evening. On receipt of a complaint by Anesa, MASUM contacted the District Magistrate and the Superintendent of Police of Murshidabad. However both officers failed to provide any help or information regarding the case. Bajlur however was produced in the Court of the Chief Judicial Magistrate, Murshidabad. It is also alleged that the police has framed false charges against Bajlur to justify the arrest.

The AHRC was informed about this case by MASUM upon which the AHRC issued an urgent appeal UA-283-2006 on 31 August 2006. In response to the appeal and due to the intervention by MASUM it appears that the authorities in India have now initiated an inquiry into this case also. This has apparently provoked the police officers at Jalangi police station which resulted in them raiding Anesa’s house on 15 September threatening her that if she continued with her complaint with the Chief Judicial Magistrate she will have to face dire consequences. It is also alleged that the police officers, several in number, who entered Anesa’s house using force used utter filthy language to shout at Anesa and intimidate her. An officer also ordered her to report at the police station the next day and also asked her to bring along with her the person who drafted the complaint.

Fearing further threat and even possible assault by the police at the police station Anesa contacted MASUM asking what she should do. MASUM advised Anesa that under Section 160 of the Code of Criminal Procedure, 1973 a police officer has no authority to insist a woman to be summoned to the police station as a witness. If the police officer need to take a statement of a woman the officer must do so after visiting the woman at the place where she ordinarily resides. By any means the intention of the police officer, as apparent from the facts of this case, was not to record a statement but on the contrary to threaten and further intimidate and even assault Anesa and the person who assisted her to draft a complaint which she filed at the Chief Judicial Magistrate’s court and to force her to withdraw her complaint.

However Anesa mustered courage to make a telephone call to the Jalangi police station on 16 September 2006 and informed the police officer who answered the call that she has been advised that under Section 160 of the Code of Criminal Procedure the police have no authority to summon her to the police station. The officer did not reply and disconnected the call. The next day, on 17 September 2006 Anesa filed a written complaint to the Superintendent of Police Murshidabad informing the officer what she faced from the officers at Jalangi police station. A copy of the complaint has also been provided to MASUM for further action.

The AHRC and MASUM are concerned about these actions by the officers from the Jalangi police station. The AHRC and MASUM are also worried about those who work for MASUM at Jalangi. The AHRC takes this opportunity to call upon you to immediately intervene into this case. While the victims and relatives of the victims in both the above cases need to be provided protection, ironically from the police officers who are bound to protect them, the AHRC and MASUM also call upon you to write to the authorities in India and its representatives abroad.

ADDITIOAL COMMENTS:

Jalangi police station of Murshidabad district is one special police station as far as the urgent appeals issued from the AHRC is concerned. Within the last 12 months the AHRC has issued 33 cases through its urgent appeals and hunger alerts where officers from this particular police station is directly or indirectly involved. For further information please search for ‘Jalangi’ at www.ahrchk.net/ua at the search menu. To find other cases reported by other human rights organisations one could also try Google search for “Jalangi police station” which will bring more than 250 hits of which 2/3rd are cases where police officers from Jalangi police station are accused of involving in crime or perpetuating violence against innocent persons.

The cases brought to the notice of the AHRC upon which the AHRC has issued urgent appeals have been promptly brought to the notice of the authorities in India, the West Bengal state government in particular. Up till today not a single action has been taken against any police officers at this station by the West Bengal state government.

Policing in India is the responsibility of the respective state governments. With the huge number of complaints brought to the notice of the West Bengal state government authorities, regarding Jalangi police station in particular, the AHRC feels that there is something fundamentally wrong regarding the policy on policing in West Bengal. The state government of West Bengal must be ashamed to find that police officers who are corrupt and a threat to the life and security of the people are allowed to continue in their posts unabated in spite of the fact that specific details regarding each case were brought to the notice of the state administration in West Bengal.

This lack of action could be also viewed as the state government’s policy towards promoting lack of discipline within the state police. Since many cases as the case mentioned above are instances where the police officers have used brutal torture and violence it also implies that the state government and those who lead the government, the Home Minister in particular, is propagating state sponsored violence in India. The complete lack of action by the state government to deal with the police officers in Jalangi police station not only justifies the AHRC’s position that torture is endemic in India, but also is an inspiration to the criminals in uniform, at Jalangi police station in particular, to further torture, abuse and injure innocent civilians.

SUGGESTED ACTION:
Please write to the authorities mentioned above asking to take immediate actions against the police officers stationed at Jalangi police station.

 

 

 

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