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

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.