INDIA: Perpetrators remain free as a result of inaction by the police and hospital authorities

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-196-2005
ISSUES: Police violence,

INDIA: Assault; murder; inaction by police and hospital authorities; failure of justice; rule of law

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of an assault victim in West Bengal.  The man was brutally and fatally assaulted after his goat had entered the alleged perpetrators’ land and eaten some of their crops.  The victim was taken to the local Block Hospital and then to a private nursing home, before being transferred to the District Hospital, Berhampore where he later died.  We are distressed to find that, up until now, no action has been taken by the police to arrest and question the alleged perpetrators despite a First Information Report (FIR) having been lodged, and neither has a postmortem report been received by the deceased’s family.

Such inaction by the police and hospital authorities has thus far meant that justice has been denied to the victim and his family.  If this continues, the alleged perpetrators will go unpunished for their supposed crimes.  We therefore ask you to take action in this case and write to the relevant authorities demanding an independent investigation into the actions of the alleged perpetrators so that a trial can be started and the rule of law preserved.  Further, an investigation and disciplinary inquiry into the conduct of the police and hospital authorities must also be carried out.  Finally, while investigations are being conducted into the role of the police, hospital authorities and alleged perpetrators, full protection must be provided to the victim’s family.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of the victim: Sachin Sarkar, son of Mr. Pran Govinda Sarkar, husband of Puspa Sarkar, father of three children; resident of Udaynagar Colony village, West Bengal
Name of perpetrators:
1. Purna Sarkar, son of Paran Sarkar
2. Pabitra Sarkar, son of Paran Sarkar
(both of Udaynagar Colony village, West Bengal)
Police and medical staff involved in this case:
1. Subir Paul, Officer-in-Charge (OIC) of Jalangi Police Station
2. Sadikhandear, medical officer of the Block Hospital
3. Medical officer of Kundu Nursing Home
4. Autopsy Surgeon-in-Charge on duty on 22 September 2005 at the District Hospital, Behrampore District, Murshidabad, West Bengal
Place of incident: Nearby the perpetrators land
Date of incident: 1 September (the victim received medical treatment between 1 and 21 September 2005

Sachin Sarkar, an inhabitant of Udaynagar colony lived with his wife Puspa and their three young children and used to work on other inhabitant’s land for his livelihood. On 1 September 2005, Sachin’s goat trespassed onto the alleged perpetrators’ land and ate some of the crops. The perpetrators began to take the goat home with them but Sachin intercepted them and tried to prevent them from doing so. A fierce quarrel ensued and resulted in the perpetrators supposedly severely assaulting the victim.

The victim was immediately taken to the local Block Hospital at Shadikhandear for treatment but his condition was so critical that he was later admitted to the Kundu Nursing Home at Berahmpore by the doctors, where he was treated from September 1 to 12. But there was no sign of improvement in his condition, and so on September 13 he was transferred to the District Hospital, Berampore, where he died on September 21. The next day, a post mortem was conducted on the victim’s body. However, the subsequent post mortem report still has not been presented to the victim’s wife, Puspa, who is the primary complainant in this case.

It is the duty of the Medical Officer attached with all government hospitals to report, without delay, to the local police station whenever any injured persons are brought to the hospital. However, in this case, the police did not act upon the report but kept waiting for the victim’s wife to go to the police station herself and lodge a FIR, which she subsequently did on September 21 upon the death of her husband. It is mentioned on the copy of the FIR that ‘treatment’ was the reason for the delay in reporting. The negligence of the police is seen in their failure to respond to the reports of the medical officers in Sadikhandear (Block Hospital) and Berhampore (District) Hospital. The Jalangi and Beharampur police had a duty to go to the hospital and take a statement by the victim before he died, which they did not do.

On September 21, the Jalangi police lodged a FIR under section 304 of the Indian Penal Code, which deals with culpable homicide not amounting to murder, without making any enquiries into the death or approaching the alleged perpetrators.

This negligence by the police has further traumatised the widow and the family of the deceased victim. It is unjust that she finds herself helpless, without any assistance from the police while the individuals who supposedly committed the crime have not been questioned or charged. The widow must now raise her three children by herself, which is made all the more difficult given that her husband was the sole income earner in the family.

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SUGGESTED ACTION:

Please send a letter immediately to the Chief Minister of West Bengal and the persons below expressing your concern about the lack of action taken to pursue the death of Sachin Sarkar, urging them to take prompt action in investigating the conduct of the police and medical authorities and to ensure the persons who committed the crime are held responsible.

 

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

SAMPLE LETTER

Dear Mr. Buddhadeb Bhattacharjee

INDIA: Perpetrators remain free as a result of inaction by the police and hospital authorities

Name of the victim: Sachin Sarkar, son of Mr. Pran Govinda Sarkar, husband of Puspa Sarkar, father of three children; resident of Udaynagar Colony village, West Bengal
Name of perpetrators: 
1. Purna Sarkar, son of Paran Sarkar 
2. Pabitra Sarkar son of Paran Sarkar
(both of Udaynagar Colony village, West Bengal)
Police and medical staff involved in this case:
1. Subir Paul, Officer-in-Charge (OIC) of Jalangi Police Station
2. Sadikhandear, medical officer of the Block Hospital
3. Medical officer of Kundu Nursing Home 
4. Autopsy Surgeon-in-Charge on duty on 22 September 2005 at the District Hospital, Behrampore District, Murshidabad, West Bengal
Place of incident: Nearby the perpetrators land
Date of incident: 1 September (the victim received medical treatment between 1 and 21 September 2005

I am writing to voice my deep concern regarding the severe negligence of the police and relevant hospital personnel in allowing the serious injuries and eventual death of Sachin Sarkar to go unaccounted for. 

Sachin Sarkur was fatally assaulted on 1 September 2005 after his goat had gone onto the land of the alleged perpetrators, mentioned above. He was immediately hospitalised, but tragically he died on September 21. Throughout this period, the police failed to take any action on behalf of the victim to arrest or question the alleged perpetrators. Even though the victim's wife and the Jalangi police have lodged a FIR, no enquiries have been made. What is more, it has been at least a month since the victim was killed but the post mortem report by the hospital authorities still has not been presented to the victim's wife.

I am deeply distressed to find such negligent practice amongst the police of West Bengal. Without sufficient steps being taken to investigate the death of the victim, justice for him and his bereaving family will not be achieved. Someone must be held accountable for the victim’s death. Therefore, I urge you to ensure that a speedy independent investigation into the alleged actions of the perpetrators is instigated so that a trial can be started and the rule of law preserved.  Furthermore, an investigation and disciplinary inquiry into the conduct of the police and hospital authorities must also be carried out. Finally, while investigations are being conducted into the role of the police, hospital authorities and the alleged perpetrators, full protection must be provided to the victim's family.  

I look forward to your intervention in this matter.

Yours sincerely,
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PLEASE SEND LETTERS TO:

Mr. Buddhadeb Bhattacharjee
Chief Minister
Government of West Bengal
Writers Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480 / 2214 1341
Email: cm@wb.gov.in,  cm@writerscal.gov.in   

PLEASE SEND COPIES TO:

1. Mr. Subhas Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in 

2. Justice Shyamal Kumar Sen
Chairperson
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 

3. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers' Buildings
Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in  

4. Dr. Surjya Kanta Mishra
Minister-in-Charge
Ministry of Health
Writers' Buildings
Kolkata-700001 
INDIA
Tel: +91 33 22145600; Extn:4117 
Email: michealth@wb.gov.in

5. Mr. Philip Alston 
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions 
Atten: Lydie Ventre 
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: urgent-action@ohchr.org (ATTENTION: SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL, SUMMARY, OR ARBITRARY EXECUTIONS)

6. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you. 

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

 
 
Document Type : Urgent Appeal Case
Document ID : UA-196-2005
Countries : India,
Issues : Police violence,