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INDIA: Police abuse and fire at family members of a man arrested and released on bail in a 1997 accident case

November 29, 2005

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

29 November 2005
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UA-222-2005: INDIA: Police abuse and fire at family members of a man arrested and released on bail in a 1997 accident case

INDIA: Police abuse, unwarranted and inappropriate behavior, impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal about the unauthorized entry of the police into the house of a man who was arrested and released on bail in a case a few years ago in Murshidabad District.
In 1997, Safikul Islam was driving a lorry in Kandi (sub division of Murshidabad), which crashed into a bullock cart, hurting the man who was riding it. A case was registered and a warrant of arrest was issued by the Sub Divisional Judicial Magistrate’s Court. In response, Safikul surrendered and was subsequently released on bail.

However, on 13 November 2005, police personnel from the Beldanga police station under which Safikul’s village lies, broke into his house at about 1am on the pretext of wanting him in connection with the accident case that took place eight years ago. It is, however, to be noted that the Beldanga police have no jurisdiction over this case. In order to enter they not only broke the bamboo fencing but also window panes and door locks of each room.
It is alleged that in this raid they took away gold ornaments along with forty thousand rupees in cash. It is also alleged that they assaulted Safikul’s family members and threw his one-month-old child out of his bed. The police then opened fire in which Safikul’s brother, Sadikul was injured.
The police then took Sadikul to Safikul’s in-laws house and acted inappropriately with the family members there as well. Sadilul was later released from police custody with the help of a local MLA (Member of Legislative Assembly) and sent to hospital for medical aid where he is still
undergoing treatment.

The AHRC is extremely disturbed to hear of this autocratic behavior of the police. Despite the fact that the victim had obtained bail from the court, the Beldanga police disregarded this and entered his house with the intention of arresting him. However, since the warrant of arrest got annulled the day his bail was granted the police could not use this and hence their entry into his house was completely unauthorized. They also abused his family members and took away jewellery and money. No list of items seized at the spot as mandated by the law was given. They also used firearms, which is illegal unless specified in certain cases by the law. In this case there was no need to use them. The arrest of Safikul’s brother was also illegal as there was no warrant issued for that by the court. Thus, the police behaved completely inappropriately and we therefore ask you to intervene in this case by writing to the Director General of Police and others to take action against the offenders so that they are duly punished. Compensation should be granted to Safikul’s family for the unjustified treatment that was meted out to them and the articles supposedly seized from their house should be immediately returned.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION

Name of victims:
1. Fatema Bewa widow of Late Faroj Ali Seikh   
2. Safikul Islam, son of Fatema Bewa
3. Sadikul Islam, son of Fatema Bewa
4. Safikul Islam’s one-month-old baby 
5. Other family members
Place of incident: Kazi Saha Village, Beldanga Police Station, Murshidabad District,West Bengal
Name of Perpetrators:
(A group of police personnel from Beldanga Police Station consisting of about 13-14 policemen)
1. Mejo Babu, second Officer
2. Chhota Babu, Sub Inspector
3. Lala Babu
4. Other Police Officers
Date of Incident: 13 November 2005

Case Details:

In the year 1997, Safikul Islam was driving a lorry (WB 570567), which crashed into a bullock cart in Kandi, a Sub Division of Murshidabad District, injuring the man who was driving it.

A case (164/98) was registered under sections 279 and 338 of the Indian Penal Code (IPC) on 27 November 1998 against Safikul Islam and subsequently a warrant of arrest was issued by the Sub Divisional Judicial Magistrate’s Court. Safikul thereafter, surrendered before the court and was released on bail. He also submitted the surrender slip to his local police station at Beldanga also under Murshidabad district. The next hearing date was fixed for 24 February 2006.

It is also reported that a few days after the accident, the owner of the lorry, Nuru Islam Seikh paid Rs 20,000 (USD 400) as compensation to the bullock cart driver, in the presence of the local villagers, to settle the matter. It was mutually decided by both parties that there would be no police case. However, a police case (as mentioned above) was still registered in 1998.

On 13 November 2005, at about 1am, police attached to the Beldanga Police Station broke into Safikul’s house with an expired arrest warrant on the pretext of wanting him over the accident case, which had taken place eight years earlier. In order to enter the house they broke the bamboo fencing and then the window panes and locks of all the doors.

Though they were informed that Safikul was not at home they continued to ransack the house while verbally abusing the family members. They broke open the cupboards and rummaged through all the clothes. It is alleged that the police took away jewellery worth forty grams and about forty thousand rupees.

It is also alleged that the police assaulted Safikul’s mother, Fatema Bewa and the other members who were present at that time. Safikul’s one-month-child was thrown out of his bed.

Villagers who came to the family’s aid were warned not to do so and the police openly fired at the family members, causing severe injuries to Safikul’s brother, Sadikul. During the police firing, the iron grills of the house, amongst other things, were also damaged.

The police guards then took Sadikul to Safikul’s in-laws’ place in Garulia Village, under Beldanga Police Station and behaved inappropriately with the people there as well.

Sadikul was released from police custody the next day on the intervention of Golam Kibria, a local MLA. He was sent to Behrampore New General Hospital for treatment and then transferred to the Nilratan Sarkar Medical College and Hospital at Calcutta where he is still undergoing treatment.

This case strongly highlights the inappropriate, callous and abusive behavior of the police and their complete disregard for the laws of the land. The police in this case completely ignored the Supreme Court Judgment in the case of DK Basu 1997 in which they laid out rules and guidelines for arrest and detention to be followed by all police stations in the country. They did not have a memo of arrest and therefore could not actually arrest Sadikul which they still did.

They also ignored the National Human Rights Commission’s guidelines on arrest laid down in 1999, which clearly points out that arrest cannot be justified merely on the existence of power, as a matter of law, to arrest in a cognizable case. The warrant in this case had been annulled as Safikul had been arrested earlier and was already out on bail.

Also it is to be noted that the accident case in 1997 had been registered in a different police station and did not come under the jurisdiction of the Beldanga Police. Therefore, they had no reason or right to look into this case.

They also seized some items, including cash from the house but did not make a list of the seized articles. In not doing so they once again violated guidelines of the DK Basu judgments and Section 100 (5) of the Criminal Procedure Code of India, 1973.

There are specific provisions (Sections 148-154 of PRB, 1943) in the Bengal Police Regulations as well as under international laws but the police did not regard these. There were no logical grounds for the use of firearms in this case.

The AHRC strongly condemns the unjustified, callous and unwarranted behavior of the police in this case.

SUGGESTED ACTION

Please write to the Director General of Police and others asking them to take action against all those police officers involved in this case.

Sample Letter:

Dear _______,

INDIA: Police abuse and fire at family members of a man arrested and released on bail in a 1997 accident case.

Name of victims:
1. Fatema Bewa widow of Late Faroj Ali Seikh   
2. Safikul Islam, son of Fatema Bewa
3. Sadikul Islam, son of Fatema Bewa
4. Safikul Islam’s one-month-old baby 
5. Other family members
Place of incident: Kazi Saha Village, Beldanga Police Station, Murshidabad District,West Bengal
Name of Perpetrators:
(A group of police personnel from Beldanga Police Station consisting of about 13-14 policemen)
1. Mejo Babu, second Officer
2. Chhota Babu, Sub Inspector
3. Lala Babu
4. Other Police Officers
Date of Incident: 13 November 2005

I am extremely perturbed to hear about the unauthorised entry of the police into the house of a man who was arrested and released on bail in a case some years ago in Murshidabad District.

In 1997, Safikul Islam was driving a lorry in Kandi (sub division of Murshidabad), which crashed into a bullock cart, hurting the man who was riding it. A case was registered and a warrant of arrest was issued by the Sub Divisional Judicial Magistrate’s Court. In response to that, Safikul surrendered and was subsequently released on bail.

However, on 13 November 2005, police personnel from the Beldanga police station under which Safikul’s village lies, broke into his house at about 1 a.m on the pretext of wanting him in connection with the accident case that took place eight years earlier. It is however to be noted that the Beldanga police have no jurisdiction over this case. In order to enter they not only broke the bamboo fencing but also window panes and door locks of each room.

It is alleged that in the raid the police took away gold ornaments along with forty thousand rupees in cash. It is also alleged that they assaulted the family members of Safikul and threw his one-month-old child out of his bed. The police then opened fire in which Safikul’s brother, Sadikul was injured.

The police then took Sadikul to Safikul’s in-laws house and acted inappropriately with the family members there as well. Sadilul was later released from police custody, with the help of a local Member of Legislative Assembly, and was sent to the hospital for medical aid where he is still undergoing treatment.

The autocratic, callous and unwarranted behavior of the police is very disturbing. Despite the fact that the victim had obtained bail from the court, the Beldanga police disregarded this and entered his house with the intention of arresting him. However, since the warrant of arrest was annulled the day his bail was granted, the police could not use this and hence their entry into his house was completely unauthorised. They also abused his family members and took away jewellery and money. No list of items seized at the spot, as mandated by law, was given. They also used firearms which is illegal unless specified in certain cases by the laws. In this case there was no need to use them. The arrest of Safikul’s brother was also illegal as there was no warrant issued by the court. Thus, the police behaved completely inappropriately and I therefore ask you to intervene in this matter and take action against the offenders so that they are duly punished. Compensation should be granted to Safikul’s family for the unjustified treatment that was meted out to them and the articles supposedly seized from their house should be immediately returned.

Yours sincerely,

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SEND LETTERS 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. Shri Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
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
Email: cm@wb.gov.in

3. 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

4. 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 

5. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in

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

Document Type :
Urgent Appeal Case
Document ID :
UA-222-2005
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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.