Ugent Appeal India: Two persons Arrested and Tortured
Asian Human Rights Commission – Urgent Appeals Programme
Case: AHRC-UAC-197-2011
http://www.urgentappeals.net/support.php?ua=AHRC-UAC-197-2011
10
October 2011
ISSUES: Torture; impunity; police accountability
Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Banglar Manabadhikar Suraksha Mancha (MASUM) concerning two more cases of police violence from West Bengal. It is reported that in the two separate incidents of arrest, the police at the time of arrest, not only failed to comply the law and procedures, but were also engaged in torturing or threatening the arrestee or his relatives. There is also an allegation that at least on one occasion, the police have stolen gold ornaments and or other valuables from the arrestee's house. This however is not the first occasion where the state police and the central security forces stationed in the state have reported to be openly violating the law.
Case Narrative:
Case 1: Mr
Dhiren Mahato, son of Mr Suren Mahato, resides at
Nuniakundari village within the jurisdiction of Jhargram
Police Station in Paschim Medinipur district of West Bengal
state. The state police, accompanied by a team of officers
from the Joint Force arrested Dhiren on 17 July 2011 from a
local teashop at Bodhna market, near Banshtala Railway
Station within the jurisdiction of Jhargram Police Station
in Paschim Medinipur district. The Joint Force is a team of
government security agencies constituted to deal with the
Maoists in West Bengal. The Force reportedly comprise of
officers from Border Security Force, Central Reserve Police
Force, Eastern Frontier Rifles and other armed forces of the
government.
Dhiren had gone to the market for shopping household goods. After shopping, Dhiren went to a nearby teashop. At the time, police officers from Manikpara Police Outpost came there accompanied by officers from the Joint-Force and surrounded the entire market. Then the officers reportedly approached Dhiren and ordered him to get into their vehicle. Dhiren refused to comply as he did not know why he is been asked to accompany the police and to where. Upon refusal, the officers assaulted Dhiren and dragged him into their vehicle. The police and Joint Force left the place with Dhiren.
At the time of arrest, the officers did not issue a memo of arrest, neither was Dhiren informed why he is taken into custody, where he is taken to and no memo of arrest No memo of arrest was prepared and the family members of the victim were not informed about the capture of the victim by the police.
Since Dhiren did not return home as expected by the family, his family went to the Manikpara Police Outpost to enquire about Dhiren. The police officers at the outpost did not however provide the family with any information concerning Dhiren nor did they acknowledge the arrest. On 18 September, the family went to Jhargram Police Station and to the local court in Jhargram in search of Dhiren. However, they received no information about Dhiren. On 19 September Dhiren's mother, Bedan Mahato, submitted a written complaint before the Sub-Divisional Officer, Jhargram concerning the illegal detention of her son. The officer received the complaint. However, no action followed.
Then on the same day (19 September) the family came to know that Dhiren is produced before the Additional Chief Judicial Magistrate, Jhargram, Paschim Medinipur by the Jhargram police. The family also came to know that the police have now named Dhiren as an accused in Jhargram Police Station case no. 32/2011 dated 6 February 2011, registered under sections 342/364/511/307/379/34/506 of Indian Penal Code, 1860. This case is based upon the complaint by a cement company named Rashmi Cement Limited. Dhiren's name is not mentioned in the complaint, that speaks about alleged criminal acts committed by the Maoists.
The court did not release Dhiren on bail. The allegation that the police tortured Dhiren at the time of arrest and while in custody is not considered until date or investigated. There has been no action against the police officers or against the Joint Force for arresting Dhiren breaching all legal formalities to be complied by the officers at the time of arresting a person.
Case 2: Mr Amiya Mahato, son of Mr Sadananda Mahato, is a resident of Kaimashole village, within the jurisdiction of Manikpara Police Outpost of Jhargram Police Station in Paschim Medinipur district of West Bengal state. Amiya works at a mineral water bottling unit at Chhanapara.
On 20 June 2011 at about 5pm, the Officer-in-Charge of Manikpara Police Outpost raided Amiya's house. Some men in civilian uniform accompanied the police officer. The men were armed. When the officer arrived at Amiya's house, his wife was at home. The officer asked Amiya's wife about Amiya's whereabouts, while at the same time they started breaking household articles and ransacking the house. The men allegedly took gold ornaments kept at the house and some documents of material value from a cupboard by breaking it open. No recovery reports were prepared for the taking of the documents or of the ornaments. The men and the officers restrained Amiya's wife from entering the house and at the same time continued questioning her. They asked her whether her husband worked at the mineral water bottling unit for which Amiya's wife answered 'yes'. Then the officer and the men left the house and arrested Amiya from the mineral water bottling unit.
As it was in the Dhiren's case, no arrest memo was issued. Neither did the officers inform Amiya or the persons present at the time of arrest the reason for Amiya's arrest or where he would be taken. Some workers at the unit immediately went to Amiya's house and informed his wife about what had happened. Hearing about the arrest of his husband, Amiya's wife went to the local police station in search of the victim. However, the officers did not allow her to enter the station. Amiya's wife went to Jhargram courts on 21 June, and 22 June expecting that her husband would be produced in the court. However Amiya was not produced in court.
On 23 June at about 9am Amiya's wife met once again the Officer-in-Charge of Manikpara Police Outpost and enquired about her husband. The officer completely denied the arrest. On the same day Amiya's wife submitted a written complaint to the Sub-Divisional Officer, Jhargram Subdivision alleging that her husband was illegally arrested and detained. On that day however, the police officers from Manikpara Police Outpost and officers from the Joint Force brought Amiya to his house. The police officers brought Amiya from their vehicle and brutally assaulted him in front of his family members. Then they forced Amiya to sign on papers in which nothing was written. Then the officers went inside the house and brought out a "sabal", an iron hand tool used for digging; and a "gaiti" another hand tool made of iron and wood, also used for digging and some batteries and took these things with them and went away with Amiya.
On 24 June, the police produced Amiya in the court of Additional Chief Judicial Magistrate Court, Jhargram. The police produced Amiya in court, implicating him in a case. The case is registered at the Jhargram GRP Police Station as case number 5/2010, dated 25 May 2010 registered against "unknown persons" under sections 427 of the Indian Penal Code, 1860, sections 150 and 151 of the Indian Railways Act, 1989 and sections 3 and 4 of the Explosive Substances Act, 1908. It is reported that later the Central Bureau of Investigation also included sections 212, 323, 325, 326, 307, 320 and 201B of the Penal Code and sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967. As far as the AHRC is informed, the Amiya is still in detention.
On 24 June, Amiya's father filed a written complaint about the torture the police have committed against Amiya, that too at least on one occasion, in full public view to the Sub-Divisional Officer, Jhargram. The officer accepted the complaint into records, however has not taken any action upon it.
Additional Information:
The two cases above are yet another set of example about how the law enforcement agencies in India refuse to comply the law and procedures in the country. The case also throws certain insight into the nature of police investigation.
Concerning arrest: Section 41-B of the Criminal Procedure Code, 1974 mandates the following: Every police officer while making an arrest shall:-
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be - (i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made; (ii) counter-signed by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.
Section 41-C mandates (1) The State Government shall establish a police control room-
(a) in every district; and
(b) at State Level.
(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at every district, the names and addresses of the persons arrested and the name and designation of the police officers who made the arrests.
(3) The control room at the Police Headquarters at the State Level shall collect from time to time, details about the persons arrested, nature of the offence with which they are charged and maintain a database for the information of the general public.
Section 41-D mandates, hen any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation though not throughout interrogation.
Section 49 mandates, that he person arrested shall not be subjected to more restraint than it is necessary to prevent his escape.
Section 50 mandates,(1) Every police officer, or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
Section 50-A mandates, (1) Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in the book to be kept in the police station in such form as may be prescribed in this behalf by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.
Section 54 mandates, (1) When any person is arrested, he shall be examined by a medical officer in the service of Central or State Governments and in case the medical officer is not available by a registered medical practitioner soon after the arrest is made:..
(2) The medical officer or registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.
Section 56 mandates that, a police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer-in-charge of a police station.
Section 57 mandates, no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
All these provisions of the Code, mandated to be followed by the police in both the cases reported above have been violated in this case. However, this is not the first case that the AHRC is reporting from India where the police or other security agencies have negated the statutory provisions at their whims. However, not in a single case the police officers who have violated these provisions of law have been investigated or prosecuted for breaking the law.
While the question as to whether Dhiren and Amiya have committed the offences alleged against them is for a court to decide in a criminal trial, the police have no reason to torture the victims. In fact, as quoted above, it is a violation of law, and further is an offence punishable under the Indian Penal Code, 1860. However, as evidenced from Amiya's case, the police while torturing the victim also obtains signatures from the victims on empty papers, which they use at later stages to fit their defence should there be an allegation of torture or ill treatment against them by the victim. In a similar fashion, the medical doctors also issue medical certificates without examining the detainees and in most cases, the medical officers fail to record the complaints the persons produced before them for medical exanimation narrate.
The culmination of all this is the continuance of the practice of torture in India. And as it is evidenced on this case, in most of the cases, the victims are poor or illiterate or daily wage earners, who have no means, financial or by way of support to challenge the police and their actions. Neither does the Magistrates before whom the victims are ultimately produced take any initiatives to verify whether the victims are tortured while in custody. Fearing further torture and ill treatment at the hands of the police, the victims never complain about the violence they suffer at the hands of the law enforcement agencies. Even if an investigation is ordered into a case, there cannot be expected any independent investigations as it is the practice in India that the senior police officers investigating an accusation of torture of their subordinate officers try to save their officers from prosecution.
Suggested Action:
Please write to the authorities listed below asking for their urgent intervention in this case. The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to the Chief Justice of India, calling for an intervention in this case.
To
support this appeal, please click here:
Sample Letter: Dear __________, INDIA: Illegal
detention and the torture of two persons by the state police
in Paschim Medinipur district must be investigated Name
of victims: 1. Mr Dhiren Mahato, son of Mr Suren Mahato,
residing at Nuniakundari village within the jurisdiction of
Jhargram Police Station in Paschim Medinipur district of
West Bengal state 2. Mr Amiya Mahato, son of Mr Sadananda
Mahato, residing at Kaimashole village, within the
jurisdiction of Manikpara Police Outpost of Jhargram Police
Station in Paschim Medinipur district of West Bengal state
Alleged perpetrators: Police officers from (1) Jhargram
Police Station, (2) Officer-in-Charge, Manikpara Police
Outpost, (3) police officers associated with Joint Force in
operation in West Bengal, some of whom could be indentified
by the witnesses to the incidents Date of incident: 20
June 2011 and 17 September 2011 Place of incident:
Paschim Medinipur district, West Bengal I am writing to
you concerning the case of alleged torture, ill treatment
and theft by the police officers stationed at Jhargram
Police Station, Manikpara Police Outpost and the Joint Force
stationed in West Bengal and operating at Paschim Medinipur
district in West Bengal. I wish to place before your
attention the following two cases that have been brought to
my attention: Case 1: Mr Dhiren Mahato, son of Mr Suren
Mahato, resides at Nuniakundari village within the
jurisdiction of Jhargram Police Station in Paschim Medinipur
district of West Bengal state. The state police, accompanied
by a team of officers from the Joint Force arrested Dhiren
on 17 July 2011 from a local teashop at Bodhna market, near
Banshtala Railway Station within the jurisdiction of
Jhargram Police Station in Paschim Medinipur district. The
Joint Force is a team of government security agencies
constituted to deal with the Maoists in West Bengal. The
Force reportedly comprise of officers from Border Security
Force, Central Reserve Police Force, Eastern Frontier Rifles
and other armed forces of the government. Dhiren had gone
to the market for shopping household goods. After shopping,
Dhiren went to a nearby teashop. At the time, police
officers from Manikpara Police Outpost came there
accompanied by officers from the Joint-Force and surrounded
the entire market. Then the officers reportedly approached
Dhiren and ordered him to get into their vehicle. Dhiren
refused to comply as he did not know why he is been asked to
accompany the police and to where. Upon refusal, the
officers assaulted Dhiren and dragged him into their
vehicle. The police and Joint Force left the place with
Dhiren. At the time of arrest, the officers did not issue
a memo of arrest, neither was Dhiren informed why he is
taken into custody, where he is taken to and no memo of
arrest No memo of arrest was prepared and the family members
of the victim were not informed about the capture of the
victim by the police. Since Dhiren did not return home as
expected by the family, his family went to the Manikpara
Police Outpost to enquire about Dhiren. The police officers
at the outpost did not however provide the family with any
information concerning Dhiren nor did they acknowledge the
arrest. On 18 September, the family went to Jhargram Police
Station and to the local court in Jhargram in search of
Dhiren. However, they received no information about Dhiren.
On 19 September Dhiren's mother, Bedan Mahato, submitted a
written complaint before the Sub-Divisional Officer,
Jhargram concerning the illegal detention of her son. The
officer received the complaint. However, no action followed.
Then on the same day (19 September) the family came to
know that Dhiren is produced before the Additional Chief
Judicial Magistrate, Jhargram, Paschim Medinipur by the
Jhargram police. The family also came to know that the
police have now named Dhiren as an accused in Jhargram
Police Station case no. 32/2011 dated 6 February 2011,
registered under sections 342/364/511/307/379/34/506 of
Indian Penal Code, 1860. This case is based upon the
complaint by a cement company named Rashmi Cement Limited.
Dhiren's name is not mentioned in the complaint, that speaks
about alleged criminal acts committed by the Maoists. The
court did not release Dhiren on bail. The allegation that
the police tortured Dhiren at the time of arrest and while
in custody is not considered until date or investigated.
There has been no action against the police officers or
against the Joint Force for arresting Dhiren breaching all
legal formalities to be complied by the officers at the time
of arresting a person. Case 2: Mr Amiya Mahato, son of Mr
Sadananda Mahato, is a resident of Kaimashole village,
within the jurisdiction of Manikpara Police Outpost of
Jhargram Police Station in Paschim Medinipur district of
West Bengal state. Amiya works at a mineral water bottling
unit at Chhanapara. On 20 June 2011 at about 5pm, the
Officer-in-Charge of Manikpara Police Outpost raided Amiya's
house. Some men in civilian uniform accompanied the police
officer. The men were armed. When the officer arrived at
Amiya's house, his wife was at home. The officer asked
Amiya's wife about Amiya's whereabouts, while at the same
time they started breaking household articles and ransacking
the house. The men allegedly took gold ornaments kept at the
house and some documents of material value from a cupboard
by breaking it open. No recovery reports were prepared for
the taking of the documents or of the ornaments. The men and
the officers restrained Amiya's wife from entering the house
and at the same time continued questioning her. They asked
her whether her husband worked at the mineral water bottling
unit for which Amiya's wife answered 'yes'. Then the officer
and the men left the house and arrested Amiya from the
mineral water bottling unit. As it was in the Dhiren's
case, no arrest memo was issued. Neither did the officers
inform Amiya or the persons present at the time of arrest
the reason for Amiya's arrest or where he would be taken.
Some workers at the unit immediately went to Amiya's house
and informed his wife about what had happened. Hearing about
the arrest of his husband, Amiya's wife went to the local
police station in search of the victim. However, the
officers did not allow her to enter the station. Amiya's
wife went to Jhargram courts on 21 June, and 22 June
expecting that her husband would be produced in the court.
However Amiya was not produced in court. On 23 June at
about 9am Amiya's wife met once again the Officer-in-Charge
of Manikpara Police Outpost and enquired about her husband.
The officer completely denied the arrest. On the same day
Amiya's wife submitted a written complaint to the
Sub-Divisional Officer, Jhargram Subdivision alleging that
her husband was illegally arrested and detained. On that day
however, the police officers from Manikpara Police Outpost
and officers from the Joint Force brought Amiya to his
house. The police officers brought Amiya from their vehicle
and brutally assaulted him in front of his family members.
Then they forced Amiya to sign on papers in which nothing
was written. Then the officers went inside the house and
brought out a "sabal", an iron hand tool used for digging;
and a "gaiti" another hand tool made of iron and wood, also
used for digging and some batteries and took these things
with them and went away with Amiya. On 24 June, the
police produced Amiya in the court of Additional Chief
Judicial Magistrate Court, Jhargram. The police produced
Amiya in court, implicating him in a case. The case is
registered at the Jhargram GRP Police Station as case number
5/2010, dated 25 May 2010 registered against "unknown
persons" under sections 427 of the Indian Penal Code, 1860,
sections 150 and 151 of the Indian Railways Act, 1989 and
sections 3 and 4 of the Explosive Substances Act, 1908. It
is reported that later the Central Bureau of Investigation
also included sections 212, 323, 325, 326, 307, 320 and 201B
of the Penal Code and sections 16 and 18 of the Unlawful
Activities (Prevention) Act, 1967. As far as the AHRC is
informed, the Amiya is still in detention. On 24 June,
Amiya's father filed a written complaint about the torture
the police have committed against Amiya, that too at least
on one occasion, in full public view to the Sub-Divisional
Officer, Jhargram. The officer accepted the complaint into
records, however has not taken any action upon it. I wish
to place before you the following law, as mandated in the
Criminal Procedure Code, 1973 which is applicable in this
case, but violated openly by the police officers in both
cases: Concerning arrest: Section 41-B of the Criminal
Procedure Code, 1974 mandates the following: Every police
officer while making an arrest shall:- (a) bear an
accurate, visible and clear identification of his name which
will facilitative easy identification; (b) prepare a
memorandum of arrest which shall be - (i) attested by at
least one witness, who is a member of the family of the
person arrested or a respectable member of the locality
where the arrest is made; (ii) counter-signed by the person
arrested; and (c) inform the person arrested, unless the
memorandum is attested by a member of his family, that he
has a right to have a relative or a friend named by him to
be informed of his arrest. Section 41-C mandates (1) The
State Government shall establish a police control room-
(a) in every district; and (b) at State Level. (2)
The State Government shall cause to be displayed on the
notice board kept outside the control rooms at every
district, the names and addresses of the persons arrested
and the name and designation of the police officers who made
the arrests. (3) The control room at the Police
Headquarters at the State Level shall collect from time to
time, details about the persons arrested, nature of the
offence with which they are charged and maintain a database
for the information of the general public. Legal
assistance and presence of lawyers: Section 41-D mandates,
hen any person is arrested and interrogated by the police,
he shall be entitled to meet an advocate of his choice
during interrogation though not throughout interrogation.
Section 49 mandates, that he person arrested shall not be
subjected to more restraint than it is necessary to prevent
his escape. Concerning information of arrest to the
victim's family: Section 50 mandates,(1) Every police
officer, or other person arresting any person without
warrant shall forthwith communicate to him full particulars
of the offence for which he is arrested or other grounds for
such arrest. (2) Where a police officer arrests without
warrant any person other than a person accused of a
non-bailable offence, he shall inform the person arrested
that he is entitled to be released on bail and that he may
arrange for sureties on his behalf. Section 50-A
mandates, (1) Every police officer or other person making
any arrest under this Code shall forthwith give the
information regarding such arrest and place where the
arrested person is being held to any of his friends,
relatives or such other persons as may be disclosed or
nominated by the arrested person for the purpose of giving
such information. (2) The police officer shall inform the
arrested person of his rights under sub-section (1) as soon
as he is brought to the police station. (3) An entry of
the fact as to who has been informed of the arrest of such
person shall be made in the book to be kept in the police
station in such form as may be prescribed in this behalf by
the State Government. (4) It shall be the duty of the
Magistrate before whom such arrested person is produced, to
satisfy himself that the requirements of sub-section (2) and
sub-section (3) have been complied with in respect of such
arrested person. Concerning medical examination: Section
54 mandates, (1) When any person is arrested, he shall be
examined by a medical officer in the service of Central or
State Governments and in case the medical officer is not
available by a registered medical practitioner soon after
the arrest is made:.. (2) The medical officer or
registered medical practitioner so examining the arrested
person shall prepare the record of such examination,
mentioning therein any injuries or marks of violence upon
the person arrested, and the approximate time when such
injuries or marks may have been inflicted. (3) Where an
examination is made under sub-section (1), a copy of the
report of such examination shall be furnished by the medical
officer or registered medical practitioner, as the case may
be, to the arrested person or the person nominated by such
arrested person. Concerning production of the arrestee
before a judicial officer: Section 56 mandates that, a
police officer making an arrest without warrant shall,
without unnecessary delay and subject to the provisions
herein contained as to bail, take or send the person
arrested before a Magistrate having jurisdiction in the
case, or before the officer-in-charge of a police station.
Section 57 mandates, no police officer shall detain in
custody a person arrested without warrant for a longer
period than under all the circumstances of the case is
reasonable, and such period shall not, in the absence of a
special order of a Magistrate under section 167, exceed
twenty-four hours exclusive of the time necessary for the
journey from the place of arrest to the Magistrate's Court.
All these provisions of the Code, mandated to be followed
by the police in both the cases reported above have been
violated in this case. However, this is not the first case
that the AHRC is reporting from India where the police or
other security agencies have negated the statutory
provisions at their whims. However, not in a single case the
police officers who have violated these provisions of law
have been investigated or prosecuted for breaking the law.
While the question as to whether Dhiren and Amiya have
committed the offences alleged against them is for a court
to decide in a criminal trial, the police have no reason to
torture the victims. In fact, as quoted above, it is a
violation of law, and further is an offence punishable under
the Indian Penal Code, 1860. However, as evidenced from
Amiya's case, the police while torturing the victim also
obtains signatures from the victims on empty papers, which
they use at later stages to fit their defence should there
be an allegation of torture or ill treatment against them by
the victim. In a similar fashion, the medical doctors also
issue medical certificates without examining the detainees
and in most cases, the medical officers fail to record the
complaints the persons produced before them for medical
exanimation narrate. I am informed that the culmination
of all this is the continuance of the practice of torture in
India. And as it is evidenced in this case, in most of the
cases, the victims are poor or illiterate or daily wage
earners, who have no means, financial or by way of support
to challenge the police and their actions. Neither does the
Magistrates before whom the victims are ultimately produced
take any initiatives to verify whether the victims are
tortured while in custody. Fearing further torture and ill
treatment at the hands of the police, the victims never
complain about the violence they suffer at the hands of the
law enforcement agencies. Even if an investigation is
ordered into a case, there cannot be expected any
independent investigations as it is the practice in India
that the senior police officers investigating an accusation
of torture of their subordinate officers try to save their
officers from prosecution. I am also informed that the
AHRC is writing a separate letter to the UN Special
Rapporteur on Torture and to the Chief Justice of India,
calling for an intervention in this case. I therefore
request you: 1. That the complaints of torture in both
cases be investigated by an independent agency; 2. That
the statements of the witnesses to both incidents be
recorded immediately by a judicial officer; 3. That if
the statements reveal any form of breach of law by the
police officers, such officers be placed on immediate
suspension and their case immediately referred to the
Supreme Court of India with a request to initiate contempt
of court proceedings against them for their violation of the
Court's directives in the D K Basu case; 4. That both
victims in the case provided immediate protection; 5. The
entire investigation is supervised by a judicial officer and
the victims or a member of their family is informed about
the progress of the investigation; 6. That the district
police be asked to inform, which medical officers have
examined the victims in the case and on what day and what
has happened to the medical report; 7. The state
government pay an interim compensation to the victims
pending the final disposal of their complaints by a court of
law. Yours sincerely, ----------------
Please Send Your Letters To: 1. Ms Mamata
Banerjee 2. Chief Secretary 3. Additional
Chief Secretary (Home) 4. Director
General & Inspector General of Police 5. Mr P.
Chidambaram 6. Chairperson
Thank you. Urgent
Appeals Programme Asian Human Rights Commission (ua@ahrc.asia
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Chief Minister
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Bengal
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Government of West Bengal
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Email: chiefsec@wb.gov.in
Government of West Bengal
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Government of
West Bengal
West Bengal Police Directorate
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Building, Kolkata, West Bengal
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Email: dgp_westbengal@gmail.com
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