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INDIA: Handicapped man brutally tortured in police custody dies in hospital in Basirhat, West Bengal

December 8, 2005

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

8 December 2005
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UA-231-2005: INDIA: Handicapped man brutally tortured in police custody dies in hospital in Basirhat, West Bengal

INDIA: Torture; death in custody; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about the arrest, torture and subsequent death of a handicapped man in police custody at Harora police station, North 24 Parganas District, West Bengal.

On 8 August 1999, Abdul Hamid Molla was arrested by the police without any arrest memo, under a fabricated case (No. 55, dated 4 August 1999, Indian Penal Code, section 394, Haroa police station), and taken to the police station where he was tied to a police jeep.

It is alleged that when the victim’s neighbors went to the police station they saw two sub-inspectors beating and torturing Abdul so severely that he was bleeding from his nose and rectum. Their pleas to spare Abdul however, went unheard and he soon lost consciousness. He was sent to the Basirhat Sub-Divisional hospital where he subsequently died on 10 August 1999. Abdul was the only earning member of his family.

A magisterial enquiry was conducted through Basirhat police station and the report claimed unnatural death. Later, a postmortem report (324, dated 11 August 1999) was submitted, which also revealed evidence of torture and fatal assault on the victim while in custody.

On 12 August 1999, the West Bengal Human Rights Commission received a radiogram message from the Superintendent of Police, North 24 Paraganas, informing them about the custodial death of Abdul at Basirhat Sub-Divisional hospital.

The Commission called for a report from the Superintendent of Police, North 24 Parganas and the Superintendent of Basirhat Sub-Divisional hospital, which it received on 4 July 2000. From the report it was clear that the victim was subjected to brutal torture as a way of extracting confessions and finally succumbed to his injuries at the Basirhat hospital. After considering this, the Commission (file no 1206/ W.B.H.R.C/ COM/99-2000, dated 18 July 2001) recommended that criminal proceedings under section 304 be started immediately against the two policemen involved and a compensation of Rs 20,000 be paid to the widow of the victim.

The Association for Protection of Democratic Rights (A.P.D.R), one of the oldest rights based organisations in India filed a complaint against the perpetrators in the Court of the Chief Judicial Magistrate (CJM) at Barasat and demanded a Central Bureau of Investigation (CBI) enquiry into this case. A Central Investigation Department (CID) investigation was ordered by the CJM Barasat and the Deputy Superintendent of Police, and the CID duly submitted a charge sheet on 13 October 2003. An execution of warrant was issued by Sub Divisional Judicial Magistrate, Barasat on 15 October 2003 against both the perpetrators. An anticipatory bail petition was moved by one of the accused before the Sessions Judge at Barasat but was subsequently rejected by the District and Sessions Judge-in charge on 6 November 2003.

However, the perpetrators have not been arrested and have instead been promoted to Officers-in-charge in the same district. The police report submitted to the trial court says they are absconding.

The AHRC condemns this horrific incident and asks for your urgent intervention. Please write to the Director General of Police and others asking them to immediately order for the arrest of the perpetrators. They should be suspended from their jobs until the case proceedings are finalisede and compensation should be granted to the victim’s family, cut from the salary of the perpetrators.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Victim: Abdul Hamid Molla
Address: Atpukur Village, Haroa police station, North 24 Parganas District,
Place of incident: Atpukur Village, Haroa police station, North 24 Parganas District,
Alleged perpetrators:
1. Bangshidhar Manna, Sub-Inspector, Haroa Police Station
2. Sunil Acharya, Sub-Inspector, Haroa Police Station
Date of Incident: 8 to 10 August 1999

Case Details:

On 8 August 1999, Abdul Hamid Molla was arrested by the police without any arrest memo, under a fabricated case (No 55, dated 4 August 1999, Indian Penal Code, Section 394, Haroa police station) at around 12.00pm and taken to the police station where he was tied to a police jeep.

It is alleged that when the victim’s neighbors, Mamtaj Bewa and Jabedali Molla, went to the police station they saw two sub-inspectors beating and torturing Abdul so severely that he was bleeding from his nose and rectum. They begged the police officers to stop this inhumane treatment but their pleas went unheard and the men continued to abuse Abdul who soon lost consciousness. He was then sent to the Basirhat Sub-Divisional hospital where he subsequently succumbed to his injuries. Abdul was the only earning member of his family and leaves behind a widow and four children.

A magisterial enquiry was conducted through the Basirhat police station and a report was prepared by Mr. Dilip Bose, Executive Magistrate, Basirhat (Unnatural Death case no: 133/99). Later, a postmortem report (324, dated 11 August 1999) was also submitted.

On 12 August 1999, the West Bengal Human Rights Commission received a radiogram message from the Superintendent of Police, North 24 Paraganas, informing them about the custodial death of Abdul at Basirhat Sub-Divisional hospital. The Commission took cognizance of the information and called for a report from the Superintendent of Police, North 24 Parganas and the Superintendent of Basirhat Sub-Divisional hospital. The Commission received the report on 4 July 2000 along with a copy of the inquest and post mortem reports. The report said that the victim was subjected to inhumane torture for exhorting confessions and as a result he had to be treated thrice during the day at the Haroa Block Primary Health Center. It also said that he was finally admitted to the Basirhat Sub-Divisional hospital at 7.15pm where he died on 10 August 1999 at 3.05pm. The post mortem and inquest reports also revealed evidence of torture and fatal assaults on the deceased while in custody.

After considering all this, the State Human Rights Commission (file no 1206/W.B.H.R.C./COM/99-2000, dated 18 July 2001) recommended that criminal proceedings under section 304 be started immediately against the two policemen involved and a compensation of Rs 20,000 be paid to the widow of the victim.

Nirmal Karmakar, Secretary of the Association for Protection of Democratic Rights (A.P.D.R), one of the oldest rights based organisations in India filed a complaint against the perpetrators in the Court of the Chief Judicial Magistrate (CJM) at Barasat (case no 1246/2002) under IPC Sections 304). The people shown as witnesses in the complaint petition were Mamtaj bewa, Jabedali Molla, Dr. Zakir Hossain, Abdul Rajjak and Golam Ali, all belonging to the same village as the victim. In this written complaint which was treated as an First Information Report under section 156(3) of the Criminal Procedure Code (CrPc), Mr. Karmakar demanded a CBI enquiry.

The Chief Judicial Magistrate at Barasat court ordered for a CID investigation after Mr. Karmakar filed a case (no: 79, 21 September 2002) in his court under IPC sections 304/330/201/34 and Mr. Achintya Banerjee, Deputy Superintendent (CID), West Bengal submitted a charge sheet (no: 66 dated 13 October 2003) on 13 October 2003. The charge sheet not only names the accused but also mentions the names of 54 witnesses.

An execution of warrant was issued by SDJM Basirhat court on 15 October 2003 against the two perpetrators (case no: 79/2002, dated 21 September 2002, Haroa PS under Sections 304/330/201/34 IPC). An anticipatory bail petition was moved by Bansidhar Manna, one of the accused before the Sessions Judge at Barasat (CMC no: 4004/03 under sections 438 CrPC) but was subsequently rejected by Mr. P.S. Mukherjee, District and Sessions Judge-in charge, North 24 Parganas on 6 November 2003.

Though considerable time has elapsed since the victim’s death no steps have been taken to arrest the perpetrators until today, and they have instead been promoted to Officers-in-charge in the same district. The police report submitted to the trial court says that they are absconding.

This case once again highlights the increasing number of custodial deaths in the country and the impunity that is enjoyed by law enforcement officers. The AHRC once again asks for the ratification of the Convention against Torture by India. The ratification and subsequent legislation and implementation would considerably reduce acts of torture committed by law enforcement officers in India.

SUGGESTED ACTION:

Please write to the Director General of Police and others asking them to immediately order for the arrest of the perpetrators and ensure that the family of the victim is compensated.

Sample letter:
------------------
Dear _____________

INDIA: Handicapped man brutally tortured in police custody dies in hospital in Basirhat, West Bengal

Victim: Abdul Hamid Molla
Address: Atpukur Village, Haroa police station, North 24 Parganas District,
Place of incident: Atpukur Village, Haroa police station, North 24 Parganas District,
Alleged perpetrators:
1. Bangshidhar Manna, Sub-Inspector, Haroa Police Station
2. Sunil Acharya, Sub-Inspector, Haroa Police Station
Date of Incident: 8 to 10 August 1999

I am deeply grieved to hear about the arrest, torture and subsequent death of a handicapped man in police custody at Harora police station, North 24 Parganas District, West Bengal.
On 8 August 1999, Abdul Hamid Molla was arrested by the police without any arrest memo, under a fabricated case (No. 55, dated 4/8/99, IPC sec 394, Haroa police station) and taken to the police station where he was tied to a police jeep.

It is alleged that when the victim’s neighbors went to the police station they saw two sub-inspectors beating and torturing Abdul so severely that he was bleeding from his nose and rectum. Their pleas to spare Abdul however, went unheard and he soon lost consciousness. He was sent to the Basirhat Sub-Divisional hospital where he subsequently died. Abdul was the only earning member of his family.

A magisterial enquiry was conducted through Basirhat police station and the report claimed unnatural death. Later, a postmortem report (324, dated 11/8/99) was submitted which also revealed evidence of torture and fatal assault on the victim while in custody.

On 12 August 1999, the West Bengal Human Rights Commission received a radiogram message from the Superintendent of Police, North 24 Paraganas, informing them about the custodial death of Abdul at Basirhat Sub-Divisional hospital.

The Commission called for a report from the Superintendent of Police, North 24 Parganas and the Superintendent of Basirhat Sub-Divisional hospital, which it received on 4 July 2000. From the report it was clear that the victim was subjected to brutal torture as a way of extracting confessions and finally succumbed to his injuries at the Basirhat hospital. After considering this, the Commission (file no 1206/ W.B.H.R.C /COM/99-2000, dated 18/07/2001) recommended that criminal proceedings under section 304 be started immediately against the two policemen involved and a compensation of Rs 20,000 be paid to the widow of the victim.

The Association for Protection of Democratic Rights (A.P.D.R), one of the oldest rights based organisations in India filed a complaint against the perpetrators in the Court of the Chief Judicial Magistrate (CJM) at Barasat and demanded a Central Bureau of Investigation (CBI) enquiry into this case. A Central Investigation Department (CID) investigation was ordered by the CJM Barasat and the Deputy Superintendent of Police, CID duly submitted a charge sheet on 13 October 2003. An execution of warrant was issued by Sub Divisional Judicial Magistrate, Barasat on 15 October 2003 against both the perpetrators. An anticipatory bail petition was moved by one of the accused before the Sessions Judge at Barasat but was subsequently rejected by the District and Sessions Judge-in charge on 6 November 2003.

However, the perpetrators have not been arrested and have instead been promoted to Officers-in-charge in the same district. The police report submitted to the trial court says that they are absconding.

I therefore urge you to intervene and immediately order for the arrest of the perpetrators. They should be suspended from their jobs until the case proceedings are finalised and compensation should be granted to the victim’s family, cut from the salary of the perpetrators.

Yours sincerely,
___________________

PLEASE SEND LETTERS TO:

1. Mr. Subhash 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
West Bengal
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

7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: 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: lventre@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-231-2005
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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.