INDIA: Police attack on human rights defender and his family in Murshidabad, West Bengal 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-59-2005
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal, regarding a police attack on a human rights defender, Mr Gopen Sharma, and his family.

Gopen has been working in the hunger hit areas of Jalangi, Murshidabad District, West Bengal (Ref: Hunger Alert on this matter: HA-02-2005) and has actively voiced his concerns over police atrocities and corruption rampant in relief operations, due to which the police hold a grievance against him. He was the one of the key persons who organized protest, which some 500 people marched to the United Nations Children’s Fund (UNICEF) office in Kolkata on 23 March 2005 to vent their anger over the international agency’s neglect of thousands of children starving in West Bengal. (See further: http://www.ahrchk.net/pr/mainfile.php/2005mr/143/)

On the basis of a domestic violence allegation by his wife, Mrs Bulu Sharma, which was later withdrawn on 21 February 2005, the Jalangi police framed an attempted murder case against Gopen. Gopen’s wife reported that after taking her statement, the police asked her to sign a document without showing it to her. Later she found out that the police falsely charged her husband with attempted murder. She was mentioned as the prime complainant. Though she submitted a written application to the District Magistrate and Superintendent of Police retracting her earlier allegation, the complaint has not been withdrawn. The police who were unable to find Gopen, have meanwhile arrested his mother and younger brother, who are now detained in prison.

The AHRC was also informed that in early this morning (at 12:30am) a huge group of unidentified people, who were heavily armed and allegedly attached to local politicians, entered Gopen’s house and attacked his family and looted his house. About 9-10 family members were injured during the attack. Specifically, Gopen’s brother, Santosh Sharma, was attacked from behind by an axe and is in a very critical condition in the district hospital in Behrampore.

This is a clear attack on a human rights defender and his family by the police. Please immediately send a letter to the Director General of Police of West Bengal, asking him to intervene and provide immediate protection to Gopen and his family. Action should be taken against those police officers who framed a false charge against him and arrested his mother and brother. The armed men responsible for injuring Gopen’s family and looting his house should be arrested as well. We also urge you to ask him that the arrested family members of Gopen should be immediately released.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victims:
1. Mr. Gopen Sharma, social activist working for the people in Murshidabad district who are dying of starvation, resident in Dayarampur village, Murshidabad District, West Bengal, India
2. The mother and younger brother of Mr. Gopen Sharma, (currently detained in jail)
3. Mr. Santosh Sharma, brother of Mr. Gopen Sharma (severely injured in attack)
4. 8-9 members of the Sharma family, who were injured during the attack
Alleged perpetrators:
1. Superintendent of Police, Murshidabad
2. Officer-in-charge of Jalangi Police Station, Murshidabad District
3. Armed men allegedly attached to local politicians in the area
Date of the incident: Beginning in February 2005 up to present
Place of the incident: Dayarampur village, Murshidabad District, West Bengal, India

Case Details:

Gopen has been working in the hunger hit areas of Jalangi, Murshidabad District, West Bengal and actively voiced his concerns over police atrocities and corruption rampant in relief operations, due to which the police holds a grievance against him. He was the one of key persons who organized a protest in which some 500 people marched to the United Nations Children’s Fund (UNICEF) office in Kolkata on 23 March 2005 to vent their anger over the international agency’s neglect of thousands of children starving in West Bengal.

Mrs Bulu Sharma, the wife of Mr. Gopen Sharma, a social activist working in the hunger-hit areas of Jalangi, Murshidabad District, West Bengal, made a complaint verbally against her husband regarding domestic violence at the Jalangi Police Station. The officer-in-charge of the Jalangi Police Station then wrote something down and made her sign it, which Bulu did in ignorance. She also claims that she repeatedly told the police not to arrest her husband at the time.

The Jalangi police then exaggerated the complaint of Bulu and framed an attempted murder case against Gopen, which mentioned Bulu as the prime complainant. Bulu objected to the charges against her husband and officially withdrew her allegation of domestic violence on 21 February 2005 and requested both the District Magistrate (DM) and Superintendent of Police (SP), Murshidabad to retract her complaint. Documents in possession of the widely read local English newspaper ‘The Statesman’ show that Bulu’s withdrawal of charges was communicated to the SP’s office on February 21. However, the SP, Mr Sanjay Singh, denies any knowledge of this, and the complaint has not been withdrawn.

Mrs Sharma reportedly said, “It’s true that I went to the Jalangi Police Station to complain verbally against my husband. The police were very eager to accept my allegation. A man posted by the Officer in Charge (OC) at the police station wrote down something and got it signed by me. Initially, I could not understand that the police bore a grudge against my husband. When I came to know that the police were keen to arrest him, I became suspicious because I had repeatedly requested them to not arrest him. Realising the intention of the police, I accompanied my husband to Behrampore where I submitted a written prayer to the DM and SP withdrawing my earlier allegation. The OC is nursing a personal grudge and he is sticking to the earlier complaint.”

After the earlier complaint, the Jalangi police made a raid to arrest Gopen. When they could not arrest Gopen, who was not at home at that time, they arrested his mother and younger brother instead. Now they are detained in jail.

The AHRC also received information today that at about 12:30am on April 11 (today), a huge group of heavily armed men, allegedly attached to the local politicians of that area, came to Gopen’s house and brutally attacked his family and looted his house. All the household was destroyed and money taken by these attackers. During the attack, around 10 people, including women, were injured. Gopen’s brother, Santosh Sharma, was attacked from behind by an axe and he is now fighting for his life in the district hospital in Behrampore.

BACKGROUND INFORMATION:

Murshidabad District has been severely hit by starvation deaths (See further: HA-02-2005). Gopen Sharma is a social activist working in hunger-hit Dayarampur, Paraspur and Taltoli areas of Jalangi, Murshidabad District, actively writing applications for families facing starvation, speaking against the Border Security Force (BSF) and alleged police atrocities and corruption rampant in relief distribution. He also voices his dissent against political parties who collect subscriptions from hunger-hit families. His efforts have led to many media highlights on the callousness and insensitive attitude of the police, which has resulted in the law enforcement authorities and local politicians turning against him. This is very common in India. Social activists exposing the criminalisation of the police and local corruption are often harassed and attacked in various ways, with their lives often in danger. Cases of human rights activists being killed are not unheard of.

The AHRC urges the West Bengal State Government to immediately intervene in this case on a priority basis. Immediate protection must be provided to Gopen Sharma and his family. We also urge the State Government to take strong disciplinary/criminal action against those police officers who framed a false charge against Gopen and arrested his mother and brother. The armed men responsible for injuring Gopen’s family should be arrested and prosecuted as well. The AHRC also urges the State Government to ensure that the arrested family members should be immediately released.

SUGGESTED ACTION:
Please send a letter to the Director General of Police urging him to take action against all those responsible for harassing Gopen and his family. Also urge him to arrange for immediate security for the victim and his family.


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

SAMPLE LETTER

Dear Sir,

Re: INDIA: Police attack on a social activist and his family in Murshidabad, West Bengal

Name of the victims:
1. Mr. Gopen Sharma, social activist working for the people in Murshidabad district who are dying of starvation, resident in Dayarampur village, Murshidabad District, West Bengal, India
2. The mother and younger brother of Mr. Gopen Sharma, (currently detained in jail)
3. Mr. Santosh Sharma, brother of Mr. Gopen Sharma (severely injured by the attack)
4. 8-9 members of Sharma family, who were injured during the attack
Alleged perpetrators: 
1. Superintendent of Police, Murshidabad 
2. Officer-in-charge of Jalangi Police Station, Murshidabad District
3. Armed men allegedly attached to local politicians in the area
Date of the incident: Beginning in February 2005 up to present 
Place of the incident: Dayarampur village, Murshidabad District, West Bengal, India

I am extremely distressed to hear that Mr Gopen Sharma, a social activist working in the hunger-hit areas of Jalangi, Murshidabad District along with his family, is being attacked by the local police who hold a grievance against him. According to local villagers, Gopen writes applications for families facing starvation, actively speaks against police atrocities and corruption rampant in relief distribution, and also protests against political parties who collect subscriptions from hunger-hit families. All this has led to him incurring the wrath of the local police and politicians.

On the basis of a domestic violence allegation by his wife, which was withdrawn by her on 21 February 2005, the police have framed an attempted murder case against Mr Sharma. They arrested his mother and younger brother, as Mr. Sharma was not present in his house at that time. The victm's mother and younger bother are still detained in jail. 

It is also reported that at about 12:30am (very early morning) of 11 April 2005, Mr. Sharma's family were attacked by a huge group of heavily armed men, who are allegedly attached to the local politicians of that area. They looted Mr. Sharma's house, destroyed all the household and took money. In addition, during the attack, around 10 people, including women, were injured. Mr. Sharma's younger brother, Santosh Sharma, was attacked so seriously that he is in an extremely critical condition in the district hospital in Behrampore.

I thereby urge you to urgently intervene in this case. I strongly request you to provide immediate protection to Mr. Gopen Sharma and his family. I also urge you to ensure that those police officers, who framed a false charge against him and arrested his mother and brother, are charged and brought to justice as soon as possible. The armed men responsible for attacking Mr. Sharma's family should be arrested as well. I further urge you to take appropriate action to immediately release the arrested family members. 

Yours sincerely,


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SEND A LETTER TO:

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 


SEND A COPY TO:

1. Mr. A.K.Deb, IAS
Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +913322145656
Fax: +913322143001
Email: sechome@wb.gov.in

2. Mr. Ashok Gupta, IAS
Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 22145858
Fax: +91 33 22144328
Email: chiefsec@wb.gov.in

3. Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Calcutta-700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

4. Ms Hina Jilani
UN Special representative of the Secretary-General on Human Rights Defenders
C/0 OHCHR-UNOG
1211 Geneva 10
Switzerland
Fax: +41 22 917 9006

5. Mr. Rudolf Schwenk
State representative - West Bengal
United Nations Children's Fund (Unicef)
219/2, AJC Bose Road
Kolkata 700 017
West Bengal 
INDIA
Tel: +91 33 2287.2477, 2467, 2511 or 2287.2758 to 2287.2761
Fax: +91 33 2287.2510
Email: kolkata@unicef.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-59-2005
Countries : India,
Issues : Human rights defenders,