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INDIA: Allegations of Police aiding criminals in relation to a man's death in West Bengal

November 22, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

22 November 2004
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UA-158-2004: INDIA: Allegations of Police aiding criminals in relation to a man's death in West Bengal

INDIA: Police inaction; Police bribery; Absolute failure of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that a person named Dipak Rakshit was assaulted by a gang of criminals on 8 March 2004 which resulted in his death. The family reported that Mr. Dipak Rakshit, a local real estate businessman, had received continuous threats from the concerned perpetrators, who wanted to monopolize the huge amount of benefit from the construction boom in the area. Even though the relatives have lodged complaints regarding the incident to the South Bidan Nagar Police Station under North 24 Parganas District, the police have taken no serious action whatsoever. It is alleged that the police are reluctant to investigate this case because the perpetrators are the close associates of the ruling Communist Party of India (Marxist) in West Bengal, and bribe the police monthly.

According to the family, this is yet another case of serious threat against them, as they have suffered from house attacks, arson, looting, dacotiy, murder attempts, bomb attacks, and the use of fire arms since September of last year.  The family lodged at least 19 complaints at the South Bidan Nagar Police Station about these incidents but no serous action has been taken by the police.

Your urgent action is required to pressure the local authorities to take speedy remedial measures into this case, to provide protection to the victim's family and to arrest the perpetrators involved without delay.

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

Name of the victim: 1) Mr. Dipak Rakshit (murdered), 2) Mr. Dipak Rakshit's family (receiving various kinds of threats and attacks)
Address of the victim: 365 Naba Palli, Post Office Naodanga, South Bidhan Nagar Police Station, North 24 Parganas District, Kolkata-98
Date of the incident: 8 November 2004
Place of incident: Chingrihata, under the jurisdiction of South Bidan Nagar Police Station, West Bengal, India
Alleged perpetrators:
1) Rabi Hazra, son of Late Shyamapada Hazra of House No. 366 Naba Palli
2) Shambhu Mondal, son of Late Surjya Mondal (near Anna's shop)
3) Pradip Kumar Mondal, son of Late Jyotish Chandra Mondal of 179 Shanti Nagar
4) Rama Das, son of Late Deben Das of 23 no. Ward (near Sishu Udayan)
5) Sonai Mondal, son of Late Kenaram Mondal of house no 366, Nabapalli
6) Nidhiram Makal, son of Late Gano Makal of Ward no. 23 (behind Shishu Ratna School)
7) Dhepo Mondal, son of Late Kenaram Mondal of Plot No. D/1, 697 Sukanta Nagar
8) Subrata Adhikari alias Puchan, son of Late Jiten Adhikari of D/1, 719 Sukanta Nagar
9) Ramu Nandi, son of Krishnapada Nandi of Thakurthan, Naba Palli
10) Sujit Mondal, son of Late Jayanta Mondal of Shanti Nagar
11) Kartick Maakal, son of Paanchu Maakal of Naba Palli (near Shitala Temple)
12) Shankar Das, son of Late Subodh Das of 4 no. Fisher
13) Mr. Chitta Ranjan Mondal, Inspector of Police & in-charge of South Bidhan Nagar Police Station
14) Somnath Das, Sub-Inspector of Police & in-charge of Parama Investigating Centre under the Tiljala Police Station
15) Officer-in-Charge of the Tiljala Police Station

(*Perpetrators 1 to 12 are residing within the jurisdiction of South Bidhan Nagar Police Station, District North 24 Parganas, West Bengal, India)

Case details: (Based on the victim's family's account)

Mr. Dipak Rakshit is a local real estate businessman. On 8 March 2004 at about 11:45pm, Mr. Dipak Rakshit's neighbor, alias Bhola Rakshit, received a phone call from the police of Parama Outpost of the Tiljala Police Station informing that Mr. Dipak Rakshit was grievously injured in a car accident. He immediately informed the victim's family who rushed to the Parama Police Outpost. There the police directed the family to the Chittaranjan Medical College & Hospital, where the victim was admitted with serious injuries and died soon after.

An autopsy on Mr. Dipak Rakshit's body was held at Nil Ratan Sarkar Medical Collegae & Hospital on the following day (March 9) and its report revealed 19 gross external injuries on the victim's body. The police claimed that the case is a simple traffic accident and the victim died due to profuse bleeding from the injuries sustained in the accident. However, the fact-finding team of MASUM, who visited the accident site, reported that they could not find any evidence of a traffic accident at the site. They also reported that no major damage could be found on the victim's car.

Ms. Dolly Mondal, an elder sister of the victim, filed a complaint at the Alipur Sub Divisional Judicial Magistrate under section 156 (3) Criminal Procedure Code of India for reinvestigation of the murder of the victim. However, no action has been initiated by the police. The police still maintain their claim that the victim's death was not due to any torture but due to injuries by the traffic accident. When a MASUM member reached Chitta Ranjan Mondal, Inspector of Police and in-charge of South Bidhan Nagar Police Station, he simply replied that it was a clear case of accident so "what was necessity for useless dragging".


The Victim's Family

However, according to some witnesses from the locality, the real cause of Mr. Dipak Rakshit's death is brutal torture by perpetrators 1 to 12. The witnesses said that they saw the victim being taken by three or four persons amongst the 12 perpetrators on March 8. However, they are not willing to give their testimony to the police fearing their safety.

In fact, Mr. Dipak Rakshit and his family have received continuous threats from the perpetrators 1 to 12 since September last year. According to the family, these 12 perpetrators are in the same real estate business as the victim, in an area where a construction boom has recently occurred. They have attempted to intimidate and kill the victim several times since September last year in order to monopolize the huge amount of benefit from this construction boom.   

Attacks and threats on the victim and his family were of a notorious type such as house attack, arson, looting, dacoity, murder, bomb attacks, and the use of fire arms. (Date of attacks and threats: 1 September 2003, 7 September 2003 (twice), 8 September 2003, 10 September 2003, 21 September 2003, 25 September 2003, 3 October 2003 (twice), 8 October 2003, 12 Octorber 2003, 2 November 2003, 18 November 2003, 27 November 2003, 5 February 2004, 16 February 2004, 23 February 2004, 8 March 2004 (the day of the victim's murder), 5 July 2004, 6 July 2004 until now)

The family has lodged at least 19 written complaints to the South Bidhan Nagar Police Station about these continuous attacks and intimidation used against them, however, the police have done nothing, even though all these charges are non-bailable. While the other complaints were ignored by the police, only one case was registered upon the complaint of the victim's family but the accused people obtained bail from the court. The family alleged that police are reluctant to inquire into this matter because all the criminals involved provide bribes to the police regularly and they are patronized by the ruling political party (CPIM) of West Bengal State Government.

After the victim's death, the victim's family, in particular the mother and the elder sister, have been intimidated by the perpetrators several times who demand that they stop pursuing the complaints against them. The victim's family is now living in terror.


SUGGESTED ACTION
Please send a letter, fax or email to the relevant authorities expressing your concern regarding this matter.

Sample letter:

Dear ___________

Re: INDIA: Allegations of Police aiding criminals in relation to a man's death in West Bengal

Name of the victim: 1) Mr. Dipak Rakshit (murdered), 2) Mr. Dipak Rakshit's family (receiving various kinds of threats and attacks)
Address of the victim: 365 Naba Palli, Post Office Naodanga, South Bidhan Nagar Police Station, North 24 Parganas District, Kolkata-98
Date of the incident: 8 November 2004
Place of incident: Chingrihata, under the jurisdiction of South Bidan Nagar Police Station, West Bengal, India
Alleged perpetrators:
1) Rabi Hazra, son of Late Shyamapada Hazra of House No. 366 Naba Palli
2) Shambhu Mondal, son of Late Surjya Mondal (near Anna's shop)
3) Pradip Kumar Mondal, son of Late Jyotish Chandra Mondal of 179 Shanti Nagar
4) Rama Das, son of Late Deben Das of 23 no. Ward (near Sishu Udayan)
5) Sonai Mondal, son of Late Kenaram Mondal of house no 366, Nabapalli
6) Nidhiram Makal, son of Late Gano Makal of Ward no. 23 (behind Shishu Ratna School)
7) Dhepo Mondal, son of Late Kenaram Mondal of Plot No. D/1, 697 Sukanta Nagar
8) Subrata Adhikari alias Puchan, son of Late Jiten Adhikari of D/1, 719 Sukanta Nagar
9) Ramu Nandi, son of Krishnapada Nandi of Thakurthan, Naba Palli
10) Sujit Mondal, son of Late Jayanta Mondal of Shanti Nagar
11) Kartick Maakal, son of Paanchu Maakal of Naba Palli (near Shitala Temple)
12) Shankar Das, son of Late Subodh Das of 4 no. Fisher
13) Mr. Chitta Ranjan Mondal, Inspector of Police & in-charge of South Bidhan Nagar Police Station
14) Somnath Das, Sub-Inspector of Police & in-charge of Parama Investigating Centre under the Tiljala Police Station
15) Officer-in-Charge of the Tiljala Police Station
(*Perpetrators 1 to 12 are residing within the jurisdiction of South Bidhan Nagar Police Station, District North 24 Parganas, West Bengal, India)

I am shocked to hear about the murder of Mr. Dipak Rakshit and the continuous threats of life against his family.

According to the information I have received, Mr. Dipak Rakshit was allegedly assaulted by a gang of criminals on 8 March 2004 which resulted in his death. Even though the postmortem report mentions serious injuries to the victim's body, the police have taken no action to properly investigate the case, simply maintaining their claim that the victim died due to a car accident.

In fact, Mr. Dipak Rakshit and his family had been facing continuous threats from the perpetrators 1 to 12 since September last year. They had lodged at least 19 complaints against the perpetrators 1 to 12 with the South Bidhan Nagar Police Station under North 24 Parganas District in West Bengal. However, the police have never taken any action to arrest the perpetrators in which case the life of the victim could have been saved. The family alleges that the reason for police inaction is that the perpetrators bribe the police monthly and enjoy the protection of the ruling political party of the state. This is yet another shameful case of police - criminal nexus where the police serve only the rich and influential in India.

In these circumstances, I urge you to take immediate steps through your office so that the case of murder of Dipak Rakshit and the threat to life of his family members are properly investigated and the perpetrators are punished. The victm's family should be provided full protection while the investigation is conducted. I also urge you to take immediate steps so that the victim's family is adequately compensated, and to make the perpetrators pay the amount of this compensation. I further urge you to take immediate action though your office so that the erring officers 13 to 15 are punished for neglect of their duty. Simultaneously, the government of India should ratify the Convention against Torture and should immediately implement domestic legislation to put an end to the failure of rule of law in India.

Yours truly,


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SEND A LETTER TO:

1. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg
New Delhi - 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: mailto:chairnhrc@nic.in

3. Shri Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers' Buildings, Kolkata, West Bengal,
INDIA
PIN Code- 700001
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

4. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006
E-mail: scronin@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-158-2004
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.