INDIA: Deliberate police inaction into a brutal assault of a family

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-071-2007
ISSUES: Police violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner in West Bengal, India, MASUM that a family was brutally assaulted in the presence of police in Parganas District, West Bengal on 20 November 2006. The alleged reason behind the assault is due to a land dispute between the victims and the perpetrators’ party. We were also learned that the police reportedly refused to register the family’s complaint about the incident and even one sub inspector tried to arrest one victim, who lodged a complaint to the Superintendent of Police in the area against him.

CASE DEAILS:

Mr. Noor Mohammad is the residents of No 3, Holding No 34, Chalta Road, Post Office Kankinara, Police Station- Jagaddal, Distric- North 24 Parganas, West Bengal, India. He has a land dispute with Mr. Akhter Hussain and two other persons. A civil case relating to the land dispute was filed in the Civil Court of Civil judge (Junior Division) at Barrackpore, but it has been pending since 2003.

Mr. G. C. Chandra, Sub Inspector from the Jagaddal police station allegedly collected Rs.1000 (USD 22) illegally from Mr. Noor Mohammad, to do him some favour in the dispute. The officer later demanded more from him, who refused to do so.

On 20 November 2006 between 1:30pm to 2pm, Mr. Akhtar Hussain and Sub Inspector Mr. G.C. Chandra allegedly came to Mr. Noor Mohammad’s house with 15 to 20 people. Mr. Noor Mohammad was not in the house at the time and the people brutally assaulted his wife, Mrs. Munni Bibi and his two sons, Noor Jamal and Noor Iqbal. They were beaten with fist and blows, bamboo stick and iron rods; all of them were severely injured on their heads, chests and bellies. The local police officers were in the house, but they only stood there as spectators.

After the assault, the Jagaddal police allegedly refused to take any complaint from the victims, and did not arrange medical treatment to them. They even detained one son Noor Iqbal despite he was injured. The police then allegedly filed a false case against him under section 151 Criminal Procedure Code. Section 151 is about “arrest to prevent the commission of cognizable offences”, which has been used by the police for arbitrary arrest in India.

Meanwhile, it is alleged that Mr. Akhtar also constantly threatens the victims, and sets fire on their property. Sub Inspector Mr. C.G. Chandra also allegedly sent police constables to arrest Mr. Noor Mohammad, because he had filed a written complaint to Superintendent of Police against him. Mr. Noor Mohammad is now scared not only to lose their land, but also their normal life and livelihood.

Mrs. Munni Bibi lodged a complaint to Additional Superintendent of Police Barrakpore, but no action was taken on the said complaint. They are still exposed to danger and live in fear.

SUGGESTED ACTION: 
Please write letters to the following authorities, urging independent and impartial investigations to the alleged involvement of the police in the assault. If the allegations are proven, the perpetrators should be identified and prosecuted accordingly. Immediate protection should also be provided to the victims.

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

SAMPLE LETTER

Dear _____________,

INDIA: Deliberate police inaction into a brutal assault of a family

Name of victims: 
1. Mr. Noor Mohammad 
2. Mrs. Munni Bibi, aged 38, victim 1’s wife
3. Mr. Noor Jamal, aged 26, victim 1’s son
4. Mr. Noor Iqbal, aged 24, victim 1’s son 
All of them are the residents of No 3, Holding No 34, Chalta Road, Kankinara Post Office , Jagaddal Police Station, North 24 Parganas District, West Bengal, India
Alleged perpetrators: 
1. Mr. Akhter Hussain, who has a land dispute with the victim 1
2. Mr. G.C. Chandra, Sub Inspector attached to the Jagaddal police station 
Date of incident: 20 November 2006

I am writing to express my deep concern regarding the deliberate police inaction into a brutal assault of the victims mentioned above in Parganas District, West Bengal, on 20 November 2006.

According the information I received, Mr. Noor Mohammad has a land dispute with Mr. Akhter Hussain (alleged perpetrator no. 1) and two other persons. A civil case relating to the land dispute case was filed in the Civil Court of Civil judge (Junior Division) at Barrackpore, but it has been pending since 2003. I am informed that Mr. G. C. Chandra, Sub Inspector from Jagaddal Police Station (alleged perpetrator no. 2) allegedly collected Rs.1000 (USD 22) illegally from Mr. Noor Mohammad, to do him some favour in the dispute. Although the sub inspector later demanded more money from him, Mr. Noor Mohammad refused to do so.

I learned that on 20 November 2006, Mr. Akhtar Hussain and Sub Inspector Mr. G.C. Chandra allegedly came to Mr. Noor Mohammad’s house with 15 to 20 people. After they found that Mr. Noor Mohammad was not in the house, the people brutally assaulted his wife and his two sons. They were beaten with fist and blows, bamboo stick and iron rods; all of them were severely injured on their heads, chests and bellies. The local police officers were in the house, but they allegedly did not intervene to stop the brutal assault.

I am also informed that after the assault, the police allegedly refused to take any complaint from the victims, and did not arrange medical treatment to them. The police even detained one son Noor Iqbal and filed a false case against him under section 151 Criminal Procedure Code to cover the incident. Section 151 is about “arrest to prevent the commission of cognizable offences”.

I am further informed that Mr. Akhtar also constantly threatens the victims, and ordered others to set fire on their property. Sub Inspector Mr. C.G. Chandra also constantly sends police constables to arrest Mr. Noor Mohammad, because he had filed a written complaint to Superintendent of Police against him. I am learned that Mrs. Munni Bibi also lodged a complaint to Additional Superintendent of Police Barrakpore, but no action was taken on the said complaint.

Because of the continuous harassment from Mr. Akhtar and the Jagaddal police, Mr. Noor Muhammad and his family is exposed to danger and live in fear.

In the light of above, I strongly urge you to launch a prompt and impartial investigation into the alleged assault as well as the deliberate police inaction and threats to the victims. If the allegations are proven, the perpetrators should be identified and prosecuted accordingly. I also request you to take action against Sub Inspector Mr. C.G. Chandra, who are responsible for the assault and the constant intimidation on the victims. Also, immediate protection should also be provided to the victims. Your immediate intervention is crucial to the safety of the family. I also request you to ensure that adequate compensation is provided to the victims.

I trust that you take serious and effective action on this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

2. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

3. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328

4. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

5. Mr. A. B. Bhora
Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486

6. Justice Shyamal Kumar Sen
Chairman
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Kolkata – 700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-071-2007
Countries : India,
Issues : Police violence,