INDIA: Brutal torture of a man in police custody by the Srirampur Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-43-2004
ISSUES: Torture,

Dear friends

The Asian Human Rights Commission (AHRC) has received information about the brutal torture by the Srirampur Police on Sri Tarun Mallick (45) on 10 April 2004. 

The police officers from the Srirampur Police Station arrested Sri Tarun Mallick (45) on charge of molesting one of his students. Even though any inquiry was not started yet, the police severely assaulted him and they further took him to his residential area at Goswami para and brutally tortured and humiliated him again in front of full view of public. It is also reported that neither warrant nor the memo of arrest was produced at the time of arrest. The victim is currently insisting his innocent.

AHRC is deeply concerned that this is a clear case of arbitrary torture in a inhuman manner, violating fundamental human rights guaranteed by the Constitution of India as well as international law. Whether a person is guilty or not, his/her rights should be protected according to Indian law. Your urgent action is required to request the Indian authorities to correct this matter immediately. 

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
—————————————————–

DETAILED INFORMATION:

Name of the victim: Sri Tarun Mallick (45), son of Late Biswanath Mallick, a drawing teacher 
Address of the victim: Hari Mohan Goswami Street, Srirampur, Hooghly District, West Bengal, India
Alleged perpetrators: 1) Mr. Sankhasuvra Chakrabarty, the Sub Divisional Police Officer (S.D.P.O) Srirampur, 2) Officers attached to the Srirampur Police Station
Date of incident: 10 April 2004
Place of incident: The bungalow of the S.D.P.O. of Srirampur Police Station and the victim’s residential area at Goswami para

Case details:

At around 5:00 pm on 10 April 2004, several police officers in uniform came to the house of Sri Tarun Mallick (45) and dragged him out of his bedroom. Without telling him any reason of arrest, they started to assault Sri Tarun Maillick physically with wooden stick. The police also kicked on the rest of his body with boots and abused him in vulgar languages. Sri Tarun Mallick saw that a woman accompanied to the police. He noticed that she is Mrs. Leena Chowdhury, the mother of his student Runela. 

The police took Sri Tarun Mallick to the bungalow of Mr. Sankhasuvra Chakrabarty, the Sub Divisional Police Officer (S.D.P.O.) Srirampur. (S.D.P.O. is in-charge of all police stations of that particular Sub Division. Srirampur sub-division consists of 10-12 police stations including Srirampur police station.) At the bungalow, several police officers brutally assaulted him again in front of the Mr. Sankhasuvra Chakrabarty. Sri Tarun Mallick found his student Runela and her mother Ms. Leena Chowdhury were in the room. The S.D.P.O. blamed Sri Tarun Mallick for molesting Runela without giving him any chance to defend himself, even though any inquiry was not conducting into this matter, yet. Then, the S.D.P.O. ordered the police to take Sri Tarun Mallick to his residential area at Goswami para. On the way to the village, the police continued to assault him. 

After they arrived at the village, Sri Tarun Mallick was brutally tortured by the police in front of full view of public including his neighbors, his students and students’ parents. He was roped tightly and beaten mercilessly. They severely beat him and kicked whole his body with boots and assaulted him with wooden sticks. Moreover, the police ordered the victim to hold his ears and forced him to stand up and sit down in public, which gave great humiliation to him. At that time, Sri Tarun Mallick had a problem with his spine and was wearing a surgical belt on his waist. After that, the police him to the Srirampur Police Station and put him in police lock-up. Next day (11 April 2004), the police produced the victim to the court and he was granted bail by the court. (Case No. 81/ 2004 under Section 354 of Indian Penal Code (I.P.C.) ) After being released, he went to the Walsh Hospital with the help of his friends, where he received medical treatment. 

Sri Tarun Mallick is currently insisting that he is innocent about the charge on him. On 15 April 2004, he has lodged a complaint to the Superintendent of Police of Hooghy District, requesting independent inquiry against the police officers including S.D.P.O, who are responsible for the torture. He also sent the copy of the letter to Chief Secretary of West Bengal government, Home Secretary of West Bengal Government, Deputy General & Inspector General of Police of West Bengal Government, and Hooghly District Magistrate. 

AHRC notices with great concern that this is a clear case of arbitrary torture in an inhuman manner, violating fundamental human rights guaranteed by the Constitution of India well as international law. In addition, there were number of illegal irregularities committed by the police when they arrested the victim. No warrant was produced and no Memo of Arrest was presented by the police at the time of arrest. AHRC believes that whether a person is guilty or not, his/her rights should be protected according to the Indian law. 

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern about this case.

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: 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. Mr Asok Gupta
Chief Secretary
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA
Fax: +91-33-2214 4328
E-mail: chiefsec@wb.gov.in

5. Mr Shyamal Kumar Dutta
Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1, West Bengal
INDIA
Fax: +91-33-2214 4498 / 5486
E-Mail: padgp@wbpolice.gov.in

6. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027 
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633

7. Mr. Theo C. van Boven 
Special Rapporteur on the Question of Torture 
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9016

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

SAMPLE LETTER

Dear 

Re: Brutal torture of a man in police custody by the Srirampur Police

I am shocked to learn the brutal torture of Sri Tarun Mallick (45) by the Srirampur Police on 10 April 2004. 

According to the information I have received, the officers from the Srirampur Police Station, arrested the victim on charge of molesting one of his students on 10 April 2004. Without any inquiry into this matter, the police severely assaulted the victim physically. They further took the victim to his residential area at Goswami para and again brutally tortured him and humiliated him in front of full view of public including his neighbors, his students and students’ parents. It is alleged that this brutal and inhuman assault on the victim was conducted under the leadership of Mr. Sankhasuvra Chakrabarty, the Sub Divisional Police Officer (S.D.P.O) Srirampur. The victim was produced to the court on 11 April 2004 and granted bail by the court. (Case No. 81/ 2004 under Section 354 of I.P.C.) Sri Tarun Mallick is currently insisting his innocent. 

This is a clear case of arbitrary torture in an inhuman manner, violating fundamental human rights guaranteed by the Constitution of India as well as international law. The police tortured and humiliated the victim in public before any investigation was started. I also would like to draw your attention that there were number of illegal irregularities committed by the police when they arrested the victim. No warrant and no memo of arrest was presented by the police at the time of arrest. 

I strongly urge you to order an independent and thorough inquiry into this matter immediately. I also urge you to punish the police officers including the S.D.P.O Srirampur, who are responsible for the torture of the victim, according to law. The perpetrators should be suspected from their service at the police station during the investigation. I further request the Indian government to compensate to the victim. Whether a person is guilty or not, his/her rights should be protected according to Indian law as well as international laws. 

Yours sincerely,

———————

Thank you.

Urgent Appeals Porgramme
Asian Human Rights Commission (AHRC)

Document Type : Urgent Appeal Case
Document ID : UA-43-2004
Countries : India,
Issues : Torture,