Wednesday, March 24, 2010

police torture upon muslim minors - denial of JJ Act

West Bengal, India

Case Details

Name of the Victim :- (1) Abu Hassan, Male, Age – 16 years, (2) Abdus Salam, Male, Age – 15 years; both son of Mr. Abu Bakkar Mondal, Religion – Islam, resident of Village + Post Office – Harekrishnapur, Police Station – Jalangi, District – Murshidabad, West Bengal, India.
Name of the Perpetrators:- (1) Mr. Debasis Sarkar, Sub-Inspector, Officer-in-charge of Jalangi Police Station (2) Mr. Bimal Mondal, Sub-Inspector of Jalangi Police Station, and (3) other police constables of Jalangi Police Station, District – Murshidabad, West Bengal, and (4) Superintendent of Police, District – Murshidabad, West Bengal, India.
Place of Incident:- At the house of the victim, i.e. at Village + Post Office – Harekrishnapur, Police Station – Jalangi, District – Murshidabad, West Bengal.
Date of Incident:- 27-02-2010 at around 9 AM.
Detail of Incident:-

Following events were revealed during our fact finding. It was on 26-02-2010 at around 4 PM Mr. Fajal Mondal, son of Late Yusuf Mondal and 12 accomplices trespassed into the agricultural field of Mr. Abu Bakkar and his family with a bullock cart. Consequently, a violent altercation took place between the two families and Mr. Bakkar got injured. Then in the evening, Mr. Bakkar’s family member, Mr. Hamidul Seikh went to the Jalangi Police Station (PS) with a written complaint. But the police personnel of Jalangi PS refused to acknowledge the complaint.

As the other party became aware of this initiative, they planned an act of vengeance. Next morning, on 27-02-2010, Mr. Rajab Mollah, Mr. Fajal Mondal and 11 other accomplices attacked Mr. Bakkar’s residence armed with sticks, swords, firearms etc. However, in the same morning these assailants lodged a complaint against seven members of Mr. Bakkar’s family at Jalangi PS reportedly before the attack. It is alleged that both the family members got injured in the violent incident. But, it was at around 9 AM that Officer-in-Charge of Jalangi PS, Mr. Debashish Sarkar with his force arrived at the place of occurrence and arrested (1) Mr. Abu Bakkar, (2) Abu Hassan, (3) Abdus Salam, (4) Mr. Nur Selim (all three are sons of Mr. Abu Bakkar and are examinees of current year Madhyamik (Xth Standard) board examination, and (5) Ms. Selina Bibi. The lady was arrested in absence of any female police person. It was revealed that a case was registered in Jalangi PS on the abovementioned complaint by Mr. Fajal Mondal (Jalangi PS case No. 133/10, dated 27-02-2010, under sections 341/325/326/307/34 of Indian Penal Code) only at 11.45 AM, i.e. after arresting those above-named persons. It is to be noted that, while number of violent clashes took place between the abovementioned two parties, and both the parties complained on the matter, the Jalangi PS personnel acted in a prejudiced manner and arrested only Mr. Bakkar’s family members, while completely refusing to acknowledge the other party’s (Mr. Bakkar’s family’s) complaint. Moreover, Abu Hassan and Abdus Salam are minors, which is evident from their examination admit card. But, they were also taken into police custody alike other adult arrested persons and police personnel showed them as adults in the police documents prepared, which they forwarded to the regular court at the time of their production. While arresting these people, no ‘Memo of Arrest’ was issued. Though family members as well as neighbours urged repeatedly to spare the victims as they were minors and board examinees, the policemen gave a damn. The minor victims were also explicitly abused physically and mentally during the arrest and throughout their detention in custody.

While these minor victims were produced in Chief Judicial Magistrate’s court, Murshidabad on the next day, they were granted interim bail as they were Madhyamik examinee. Till date the case is in vogue, whereas no complaint was registered against Mr. Rajab Mollah and his allies in spite of definite complaint of cognizable offences against them. Upon refusal of Jalangi PS to accept the complaint, a written complaint depicting the whole incidence was submitted to the Superintendent of Police, district – Murshidabad on 03-03-2010 by Mr. Safiruddin Mondal, a family member of Mr. Bakkar. However, till date no case is being registered against those assailants.

Report By:
Kirity Roy

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