UPDATE (India): Government lawyer threatens witnesses to protect accused police officers 

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned to hear that even though Partha Majumder disappeared on 5 September 1997 and his family has been fighting a battle to ensure justice ever since, the accused are still at large. (See further UA-171-2004).

Furthermore, a complaint has been submitted by the victim’s brother, Mr Dipankar Majumder to the Calcutta High Court that the public prosecutor has threatened the witnesses in order to protect the 11 accused police officers.

Ever since the trial of Partha Majumder’s case began in the District Judges Court, Barasat on 5 September 2004, the family and witnesses have faced frequent intimidation by the accused. It is alleged that the public prosecutor has been impartial and tried to influence the case in favour of the accused in many different ways. None of the police officers have been arrested and the main accused Mr Sunil Haldar is now the Additional Superintendent of Police, Malda, Murshidabad district. The other accused officers are working as outpost officers in charge in Jadavpur, Bali, Magrahat, Kaorapukur, West Bengal, India. It is alleged that even now, all these police officers receive the considerably important treatment that is in normal circumstances received by them due to their status and designation in the police force.

Threats to witnesses in order to protect the accused is fairly common in India as is evident through various cases highlighted by the media (the recent Gujarat riot cases being a strong example) and otherwise. Witness protection is unheard of and cases often go in favour of the accused due to witnesses turning hostile.

We thus call on you to immediately intervene in this matter. Please send a letter to the West Bengal State authorities to provide immediate protection to the victim’s family and investigate the alleged threats. The public prosecutor must be immediately replaced as also ordered by the Calcutta High Court. Please also urge them to ensure that the case trial now continues impartially through proper procedures so that justice is ensured without any further delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED 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
Perpetrators:
Accused police officers:
1. Sunil Kumar Haldar, at present, 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 1997 till now
Case 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)
Case status:
Continuous threats to the victim’s family and witnesses by.Adv.Probodh Roy, Public Prosecutor, Barasat Judge Court, North 24 Parganas, West Bengal ever since the case began on 13 August 2000. None of the accused have been arrested.

Partha Majumder disappeared on 5 September 1997. His family has been making constant efforts ever since to locate him and punish all those police officers responsible for his disappearance. Ever since the trial began in the court, the victim’s family and witnesses have been subjected to various threats, humiliations and harassment by the accused and the public prosecutor.

A complaint has been submitted by the victim’s brother, Mr Dipankar Majumder to the Calcutta High Court that the public prosecutor has threatened the witnesses in order to protect the 11 accused police officers. The Division bench of temporary Chief Justice Altamash Kabir and Justice Ashit Kumar Bishi ordered security of witnesses and removal of the public prosecutor. Nothing has been done as yet. The same bench also ordered a representative of the West Bengal State Human Rights Commission to appear before the Calcutta High Court on 25 February 2005.

The AHRC urges the West Bengal State government to provide immediate protection to the victim’s family and investigate into the alleged threats to them. The government must also ensure that the present public prosecutor is removed immediately and replaced by a special public prosecutor who can ensure his/her impartial role for the trial. The trial in the court should now proceed fairly and quickly without any more delay.

BRIEF REMINDER OF THE CASE

Partha Majumder disappeared on 5 September 1997 after he witnessed the killing of Mr Suresh Barui in Akrampur, West Bengal. Though he was taken away by the police, they claimed that he was never arrested. In the days that followed, the victim’s family made all efforts to locate him in every way. In January 1998, the West Bengal High Court ordered the West Bengal Human Rights commission (WBHRC) to undertake an investigation of the family’s claims. The WBHRC recommended the West Bengal Government to instruct the Criminal Investigation Department (CID) to initiate a case against those responsible for Partha’s disappearance. The CID charged 11 accused police officers of “abduction in order to murder” under Section 364/201/34 of Indian Penal code. On 4 September 2004,The additional District and Sessions Judge, 1^st Court at Barasat, North 24 Parganas, decided that the 11 officers should be tried on their charges.

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.

SUGGESTED ACTION
Please send a letter to the Chief Minister and Home (police) Minister of West Bengal and urge them to ensure that the victim’s family and the witnesses in this case are provided immediate protection and that an enquiry is held regarding the alleged threats to the family.

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