From: Kirity Roy <email@example.com>
Date: Sat, Apr 28, 2012 at 5:33 PM
Subject: UPDATE - harassment of one tribal man & his mother & police inaction
To: NHRC <firstname.lastname@example.org>, email@example.com
Cc: Chief Minister West Bengal <firstname.lastname@example.org>, Chief Secretary Gov of WB <email@example.com>, Secretary Home Dept Gov of WB <firstname.lastname@example.org>, "Member NHRC Mr. Satyabrata Pal" <email@example.com>, jrlawnhrc <firstname.lastname@example.org>, email@example.com
28th April 2012
National Human Rights Commission
Ref.:- Updated position of our complaint dated 10.1.2012 in connection with NHRC case no. 96/25/15/2012/UC
We already have sent complaint to you in the matter of the victim Mr. Bhabadulal Munda from District-North 24 Parganas vide our complaint dated 10.1.2012. The complaint has been registered vide case no. 96/25/15/2012/UC. The Commission vide its proceeding dated 18.1.2012 issued notice upon the DGP, West Bengal to submit report within four weeks, but till date we have no idea whether any report in this regard has been submitted by the DGP, West Bengal. Beside that we have also filed complaint in the matter of the victim before the Superintendent of Police, North 24 Pargans and others expecting immediate action in the matter of the victim.
Needless to mention that our complaint demanded urgent action from the authorities as there is still threats from a section of miscreants who are not members of the Scheduled Caste and Scheduled Tribe upon the victim who belongs to Schedule Tribe community to uproot him from his property. But till date there has been no action to abstain the culprits from pursuing their evil motives and the victim is still under threats.
The victim after purchasing the land has been residing there with his mother in a small room. He planned to erect a dwelling house with few rooms on the land to stay with his mother and bride as his marriage date has been finalized. But he could not start the work to erect the house due to continuous resistance put by the miscreants. The victim on 21.3.2012 lodged written complaint before the Prodhan (Head) of Ramchandrapur Uday Gram Panchayat, but there is no action till date.
The victim again on 28.3.2012 engaged masons to start the work of erecting the dwelling house. On 29.3.2012 few miscreants put a barricade surrounding the land of the victim so that no-body can make any ingress or egress into the land. As a result the victim and his mother were confined in the land without any means to go out due to the barricade put by the miscreants. The victim informed the incident to Baduria Police Station over phone at about 7.30 am on 30.3.2012. One police officer of Baduria Police Station namely Mr. Mrinal Pal arrived and he made an inspection but after a while he went away without taking any action to remove the barricade. Then the victim again talked with the Officer-in-Charge of Baduria Police Station over telephone who asked the victim to visit the police station in the evening with the person who sold the land to him. It was not possible for him to go outside of his house as he was confined. Then the victim called the Sub-Divisional Police Officer from his phone and disclosed before him the whole incident but the said police officer only advised him to contact with the local police station. The victim also sent an appeal to the Superintendent of Police, North 24 Parganas through SMS from his phone but there was no action. The victim and his mother had no access to food and usage of bathroom due to the barricade put up by the miscreants until the said barricade was removed by some good people from the locality on 31.1.2012 at about 11.45 am. The victim and his mother became sick due to such prolonged confinement for almost 3 days. He called an ambulance to his residence from his phone and with the assistance of his two bothers the victim and his mother first went to Rudrapur Hospital for treatment but the hospital refused to admit them. Then they moved in the same ambulance to Basirhat hospital where the victim and his mother were admitted for treatment. The victim was discharged on 1.4.2012 and his mother was discharged on 2.4.2012 from the hospital.
The victim on 1.4.2012 lodged one written complaint before the Circle Inspector, Baduria, Swarupnagar narrating the whole incident and he, in the written complaint demanded appropriate legal action against the culprits. He also submitted one written complaint before the Officer-in-Charge of Baduria Police Station but the police registered an FIR (Baduria Police Station Case no. 111/2012 dated 31 March 2012.) under bailable offences i.e. under sections 341/447/506/34 of Indian Penal Code. The police through its action till date did not show any intention to take stern legal action against the culprits and even the police did not book the culprits under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
The on going prevailing situation in the matter of the victim indicates that the victim is yet to get any remedy in spite of lodging complaints before the authorities and the local police station is maintaining a code of inaction in this matter. As a result the culprits are roaming freely perpetrating torture upon the victim with the passive support of the police and administration.
Hence we seek your urgent intervention in this matter in the following manner thereby directing the concerned police authorities and the administration to take immediate legal action against the culprits by bringing appropriate penal charges under the law against them including that the culprits and delinquent police officers of Baduria Police Station must be booked under the relevant penal charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Moreover we also demand that the concerned authorities including the police must be directed to provide all remedial measures to the victim immediately so that he can freely discharge his right of ownership and enjoyment over his purchased land without any disturbance and interference from any body.
We sincerely hope for your early action and response in this matter.
National Convener, PACTI
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : firstname.lastname@example.org