UPDATE (India): District Magistrate was directed by the West Bengal Human Rights Commission to inquire into the police attack on a human rights defender 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-44-2005
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from MASUM, a human rights organisation in West Bengal, regarding the case of Mr. Gopen Sharma, a human rights defender who is under attack by the police. The Jalangi police have laid false charges against Mr Sharma based on his wife’s complaint, which has since been withdrawn by her. In the meantime, on 1 April 2005, Mr. Sharma’s family was attacked by a huge group of heavily armed men, who are allegedly attached to the local politicians of the area. (See further: UA-59-2005)

On the afternoon of April 11, representatives from MASUM along with other concerned groups visited the West Bengal Human Rights Commission (WBHRC) and urged the Commission to urgently intervene into this matter.  The WBHRC confirmed that they would hear the matter the next day.

On April 12, Mr. Kirity Roy, the Secretary of MASUM, together with Mr. Sharma and his wife Mrs. Bulu Sharma, went to the WBHRC’s office and met the Chairman of the Commission and Prof. Amit Sen, a member of the Commission. Mr. Sharma and his wife gave their statements to them. The Chairman of the Commission gave an order that the Commission direct the District Magistrate (DM), Murshidabad to investigate the attack on Mr. Sharma’s family, which took place on April 11, and send the report to the commission within 4 weeks. He said, however, that the WBHRC would not be able to intervene in the case against Mr. Sharma, which is pending in the court according to the organization’s mandate.

The Chairman’s quick action in the matter is very rare, considering that it usually takes a minimum of 5-6 months just to file the case at the WBHRC. Mr. Kirity reported that he saw several letters, including one from the AHRC, on the desk of the WBHRC. Now the victim’s family hopes that the WBHRC’s action will mobilize pressure on the local authorities.

However, the AHRC is still concerned that the basic conditions of the case has not changed. No urgent protection has been provided to Mr. Sharma and his family. There has also been no inquiry or action taken against the Jalangi police officers who falsely charged Mr Sharma.

Therefore, we again urge you to write a letter to the DM, Murshidabad and urge him to conduct a proper and thorough inquire in this matter. Please also send a letter to other local authorities urging immediate protection to the victim and his family and the arrest of the armed men responsible for injuring Gopen’s family and those police officers who framed a false charge against the victim. Both sample letters are attached below.

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SAMPLE LETTER

SAMPLE LETTER 1: To District Magistrate, Murshidabad
 
Dear Sir,

Re: INDIA: Police attack on a human rights defenders and his family in Murshidabad, West Bengal

Name of the victims:
1. Mr. Gopen Sharma, a social activist, resident in Dayarampur village, Jalangi Police Station, 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. Officer-in-charge of Jalangi Police Station, Murshidabad District
2. Armed men allegedly attached to local politicians in the area

I am writing to bring to your attention the police attack on Mr. Gopen Sharma, a social activist working in the hunger-hit areas of Jalangi, Murshidabad District along with his family. I was informed that the Jalangi police laid false charges against Mr Sharma based on the complaint which his wife has already withdrawn. 

In addition, on 11 April 2005, Mr. Sharma's family was attacked by a huge group of heavily armed men, who are allegedly attached to the local politicians of that area. 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 was informed that in the meeting with Mr. Sharma, his wife and the representative of a local NGO, the Chairman of the West Bengal Human Rights Commission gave an order that the Commission direct the District Magistrate (DM), Murshidabad to investigate the attack on Mr. Sharma's family, which took place on April 11. He also directed that a report should be made and sent to the Commission within 4 weeks.

I request you to inquire into this matter thoroughly and promptly, as requested by the WBHRC, and take appropriate action accordingly. 

Yours sincerely,


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SEND A LETTER TO:

District Magistrate, Murshidabad
Murshidabad
West Bengal
INDIA
Tel: +91 3482 251 650 (O) / 3482 250 002 (R)
Fax: +91 3482 250145


SAMPLE LETTER 2: To relevant local authorities
 
Dear Sir,

Re: INDIA: Police attack on a human rights defenders and his family in Murshidabad, West Bengal

Name of the victims:
1. Mr. Gopen Sharma, a social activist, resident in Dayarampur village, Jalangi Police Station, 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. Officer-in-charge of Jalangi Police Station, Murshidabad District
2. Armed men allegedly attached to local politicians in the area

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. Gopen actively speaks out 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.

According to the information I have received, on the basis of a domestic violence allegation by his wife, which was later withdrawn by her on 21 February 2005, the Jalangi police have framed an attempted murder case against Mr Sharma. The victim's mother and younger bother are detained in jail now. 

I was also informed that at about 12:30am (very early morning) of 11 April 2005, Mr. Sharma's family was attacked by a huge group of heavily armed men, who are allegedly attached to the local politicians of that area. 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 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:

1. Director General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91-33-2214 4498 / 2214 5486

2. Mr. A.K.Deb, IAS
Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +91 33 22145656
Fax: +91 33 22143001
Email: sechome@wb.gov.in

3. Justice A.S. Anand 
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 23384863
Email: covdnhrc@nic.inionhrc@nic.in


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Update
Document ID : UP-44-2005
Countries : India,
Issues : Human rights defenders,