Innocent person tortured by West Bengal police

11 May 2012:

An innocent person tortured by West Bengal police

Torture; inhuman and degrading treatment; corruption; impunity

The Asian Human Rights Commission (AHRC) has received information from MASUM, concerning the case of torture of an innocent person by the West Bengal state police. The victim in the case, Mr. Babulari Gazi, is a three-wheeler driver. The police arrested Gazi on 7 February 2012 on the suspicion that he was involved with the death of a Border Security Force officer that happened on the same day. It is reported that the police tortured Gazi at the time of arrest and later at the police station. Later the police registered a false case against Gazi and produced him in court.

CASE NARRATIVE:

MASUM's fact-finding reveals the following information concerning the case.

Two BSF officers from Kaijuri-Garbadda BSF Camp suffered serious injuries in an alleged encounter with some smugglers of which one officer died from the injuries on 7 February 2012. The local police from two police stations in West Bengal, Swarupnagar and Baduria Police Stations were investigating the case. Unfortunately, often criminal investigations in India are limited to detaining persons and torturing them to extract confessions for which the police would detain anyone they suspect, irrespective of the fact that whether they have a good reason to suspect anyone or not on the first place. The victim in this case is one such unfortunate person who was picked up by the police and subjected to torture.

The victim, Babulari Gazi, is in fact an auto rickshaw (a three wheeler passenger vehicle) driver. On 7 February at about 5.30 pm he was returning home from Bagjola Market with two cows. When he was crossing a place called Harishpur More he was stopped by some police officers from Swarupnagar Police Station. Reportedly, Mr. Biswajit Babu, a police officer from Swarupnagar Police Station was among the officers.

The officers assaulted Gazi at the time of arrest and by force pushed him into a small car in which the officers came. Gazi did not know, nor was he informed where he was taken to at the time of arrest. At about 7.30 pm Gazi's wife, Ms. Rashida Bibi, received a telephone call where the caller informed Gazi's wife that Gazi is detained at Swarupnagar Police Station.

Rashida immediately went to the police station to meet her husband, after arranging some local persons to accompany her. At the police station Rashida found her husband detained in the police lock-up. When Rashida requested the police to release Gazi, the police refused to do so and offer any explanation as to why Gazi is detained. In addition, the police verbally abused Rashida and demanded bribes from her to prevent Gazi from being assaulted further at the station. The amount of money demanded by the police from Rashida is not disclosed to MASUM. Before Rashida left the station, the police informed her that the police were detaining her husband since they suspected that Gazi was involved in assaulting BSF officers. On 8 February, the police presented Gazi at the Basirhat Court by implicating him in a criminal case, the details of which are also not known to the AHRC at the moment.

ADDITIONAL INFORMATION:

The AHRC has documented substantial number of cases from India over the years that reiterates our argument that often, criminal investigation in India begins and ends with a forced confession extracted from a person in custody. The case at hand substantiates this practice. A government agency arresting anyone in India should follow a set of rules prescribed in the Criminal Procedure Code, 1973. This includes (i) informing the person the reason for arrest, (ii) about the place where the person would be detained, and (iii) the court in which the person would be produced. The investigating agency have no right to torture a person while in custody, though it has not been made a crime by way of a separate statute. Physically harming a person while in custody is however a separate offence under the Indian Penal Code, 1860.

In fact, the BSF immediately after the incident of attack upon the BSF officers have accused that it was Bangladeshi businessmen who had attacked the BSF officers. This means that the police had arrested the victim in the case on mere suspicion, but after torture, registered a false case against the victim on some other charge that the victim would not complain against illegal arrest, and the officers saved from criminal liability.

SUGGESTED ACTION:
Please write to the authorities demanding an investigation into this case. The victim and his family must be provided with immediate protection.

The AHRC is also writing a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for further intervention in this case.

SAMPLE LETTER:

Dear __________,

INDIA: Kindly investigate the case of torture of Mr. Baburali Gazi by the West Bengal state police

Name of victims: Mr. Baburali Gazi, son of Mr. Mangal Gazi, aged about 50 years, residing at Gokulpur village under the jurisdiction of Swarupnagar Police Station, North 24 Parganas district, West Bengal
Names of alleged perpetrators: Police officers from Swarupnagar Police Station
Date of incident: 7 February 2012
Place of incident: Swarupnagar Police Station

I am writing to express concern regarding yet another case of police torture and fabricated charges registered by the West Bengal state police against a reportedly innocent person. The details of the case are as follows:

It is reported that two BSF officers from Kaijuri-Garbadda BSF Camp suffered serious injuries in an alleged encounter with some smugglers of which one officer died from the injuries on 7 February 2012. The local police from two police stations in West Bengal, Swarupnagar and Baduria Police Stations were investigating the case. Unfortunately, often criminal investigations in India are limited to detaining persons and torturing them to extract confessions for which the police would detain anyone they suspect, irrespective of the fact that whether they have a good reason to suspect anyone or not on the first place. The victim in this case is one such unfortunate person who was picked up by the police and subjected to torture.

The victim, Babulari Gazi, is in fact an auto rickshaw (a three wheeler passenger vehicle) driver. On 7 February at about 5.30 pm he was returning to home from Bagjola Market with two cows. When he was crossing a place called Harishpur More he was stopped by some police officers from Swarupnagar Police Station. Reportedly, Mr. Biswajit Babu, a police officer from Swarupnagar Police Station was among the officers.

The officers reportedly assaulted Gazi at the time of arrest and by force pushed him into a small car in which the officers came. Gazi did not know, nor was he informed where he was taken to at the time of arrest. At about 7.30 pm Gazi's wife, Ms. Rashida Bibi, received a telephone call where the caller informed Gazi's wife that Gazi is detained at Swarupnagar Police Station.

Rashida immediately went to the police station to meet her husband, after arranging some local persons to accompany her. At the police station Rashida found her husband detained in the police lock-up. When Rashida requested the police to release Gazi, the police refused to do so and offer any explanation as to why Gazi is detained. In addition the police verbally abused Rashida and demanded bribes from her to prevent Gazi from being assaulted further at the station. The amount of money demanded by the police from Rashida is not disclosed to MASUM. Before Rashida left the station, the police informed her that the police is detaining her husband since they suspected that Gazi is involved in assaulting BSF officers. On 8 February the police presented Gazi at the Basirhat Court by police implicating him in criminal case, the details of which are not known at the moment.

In fact, the BSF immediately after the incident of attack upon the BSF officers have accused that it was Bangladeshi businessmen who had attacked the BSF officers. This means that the police had arrested the victim in the case on mere suspicion, but after torture, registered a false case against the victim on some other charge that the victim would not complain against illegal arrest, and the officers saved from criminal liability.

I am also informed that the AHRC has documented substantial number of cases from India over the years that reiterates the argument that often, criminal investigation in India begins and ends with a forced confession extracted from a person in custody. The case at hand substantiates this practice. A government agency arresting anyone in India should follow a set of rules prescribed in the Criminal Procedure Code, 1973. This includes (i) informing the person the reason for arrest, (ii) about the place where the person would be detained, and (iii) the court in which the person would be produced. The investigating agency have no right to torture a person while in custody, though it has not been made a crime by way of a separate statute. Physically harming a person while in custody is however a separate offence under the Indian Penal Code, 1860.

I therefore request you to:

1. That a judicial magistrate immediately records the statement of the victim as well as his wife;
2. Should Ms. Rashida Bibi's statement disclose that the police officers have demanded bribes from her, immediate and separate actions initiated against the officers for demanding bribes;
2. Immediate criminal actions taken against all the police officers who tortured Gazi in custody;
3. Gazi provided medical treatment;
5. The victim paid interim compensation by the government until permanent arrangements are made to resettle them decently.
ends

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