PUCL 1 January , 2006
Report was released at a Press Conference in Kolkata Press Club on 30 December
State repression on political opposition in West Bengal
Report of fact finding by a team of human rights, democratic rights and civil liberties organisations (December 27 -30, 2005)
Background
From the middle of 2005 several leading political figures
belonging to pposition political groups and parties, specially
those belonging to CPI (Maoist) and their frontal organisations were
arrested by the West Bengal police. None of those arrested had
any specific case registered against them or was named in any FIR
lodged at any police stations. This is in continuation with the
police onslaught on political opposition going on in the state, which
intensified since the middle of 2002 as a result of which
about 3000 opposition political workers and common people were
arrested.
In this context several Human Rights, Democratic Rights and
Civil Liberties organisations from allover India decided to
conduct a Fact finding on the nature of arrests, conditions of the
political prisoners in WB Jails and detention centers.
Accordingly nine journalists, lawyers and Human Rights
activists from seven such organisations visited two WB jails and
three places of arrests/police raids in West Midnapore, Nadia and
Hooghly Districts.
Programme of the team
The team was able to meet four UT prisoners lodged in Jhargram
Upa Sangsodhanagar (sub Jail) and heard the accounts of their
arrests and treatment at the hands of police and in the jails.
Interestingly the District police authorities recorded the whole
proceedings on video and several media persons were also present.
While the team was still appreciating the openness exhibited by
the Jhargram Sub-Jail authorities, it received a jolt when
the Nadia District Jail authorities at Krishnangore refused to allow
the team to meet any of the several political prisoners lodged
there. After an hour's wait at the jail gates, the team was told that
as per instructions of the higher authorities' the jail
authorities are unable to allow the team to meet any prisoner.
The team visited the place at Madrasi Lines, Konnagar, Hooghly
District from where Shri Sushil Ray (described by the police
as a Polit Bureau Member) and Patitpaban Halder (described by the
police as State Committee Secretary) of the CPI (Maoist) were
arrested. The team also visited two village-Kathgora in Tehatta
Subdivision, Nadia District from where Shri Chandi Sarkar (described
by the police as a leader of the Kishan Majdur Sangram Samity was
arrested and village Mathurapur in the same area where police
atrocities are going on for the last several months. At those two
places several hundred people assembled on hearing the news of the
teams visit to narrate and complain about police atrocities. Due to
lack of time the team could not give a patient hearing to all
those assembled.
The team also talked to the lawyers defending Sushil Ray and
others in Jhargram SDJM Court.
Findings and observations
1. Role of the police while conducting arrests: In all the cases looked into by the team, the police flouted all
legal provisions and Supreme Court directives.
(i) Shri Sushil Ray and Shri Patitpaban Halder were arrested at about
7.30 AM on 21 May, 2005 while they boarded a Rickshaw emerging
from a hutment of Madrasi Lines, PS Uttarpara, Hooghly. They were
pounced upon by four men in mufti and forced into a waiting car.
The happenings were corroborated by local people, whom the team met on
27 December night and who declined to identify themselves for
obvious reasons. Immediately both were blindfolded and after over
twelve hours journey Shri Ray's blindfolds were removed, when he
found himself at a BSF camp in a Jungle area. In the midway Shri
Halder was removed to another car, keeping blindfolded. While
keeping blindfolded both were continually interrogated by many people.
At the BSF camp Shri Ray was accused to be an ISI agent. They
were produced before the SDJM, Jhargram on 24 May as accused in
Belpahari PS FIR No. 28/05 dated 23.5.05 u/s 120B/121A/122/123/124A
showing them to have been arrested from village Tamajuri in Belpahari
PS on 23.5.05 at 9.45 PM.
(ii) Shri Santosh Debnath was arrested on 29 May from a street at
Konnagar at 2 PM. He was similarly blindfolded and taken to many
places and finally on 2 June produced before the SDJM, Jhargram as
accused in the above case. The FIR submitted by the police on 24
May did not name Santosh Debnath among the 11 named accused.
(iii) Sk. Jakir Hossain said that he was 'kidnapped' on 22 June at 11
AM from the Sovabazar Crossing, Kolkata while he was about to
board a Bus. He too was forced into a car, blindfolded and taken to a
forest. He too was produced before the SDJM three days later.
In all the above cases with some exceptions in the case of Chandi Sarkar
The police blatantly lied about the date of arrest, place of arrest and situation of arrest
All the arrested persons were kept in illegal detention for three to
five days and were not produced before a judicial officer
within 24 hours of arrest as per rules and laws.
No Memo of arrests were prepared, relatives were not informed about the arrests and no medical test was conducted as per rules and laws.
2. Interrogation and treatment while in police custody : From 21 May to 24 May before producing at the Court and again from
24 May AN to 6 June during police custody--almost for 16 days
Shri Ray was kept blindfolded except for one or one and half hours a
day. While keeping blindfolded he was interrogated day and
night and was not allowed to sleep. A battery of senior officers from
all over WB, Jharkhand, Delhi, Orissa and probably from other
states conducted the interrogation at the Special Control Room at the
office of the SP, Midnapore. The IG from Jharkhand while
interrogating threatened him to keep him behind the bars for the rest
of his life. Shri Ray said that he apprehends to be killed by
the Jharkhand police. Shri Ray said that though the police did not
assault him physically, the whole 16 days of police custody is a
nightmare of physical and mental torture and all the senior police
officers including SP, Midnapore took part in this torture.
Shri Halder, Shri Debnath and Sk Hossain narrated their similar experiences of treatment at the custody. In addition all three were brutally assaulted all along. In addition to kicks, blows and
verbal abuses time to time during interrogation they were given
the 'cherai' treatment in which legs of the victim are stretched side
ways by two assaulters in a straight line so as to inflict
unbearable pain at the groin and anal areas.
The team was unable to meet Chandi Sarkar and others lodged in Nadia
Dist. Jail, but learned from Mr. Sarkar's wife Sm Mahamaya Sarkar and relatives and friends of the others that they too were
severely assaulted during police custody. Shri Sarkar alleged
before the SDJM, Krishnanagore on 2 Oct when he was produced before him
that he was assaulted in the face with shoes by the Nadia SP
Rajsekharan himself.
The police did not abide by the legal stipulations of health
examination by an authorised physician immediately after taking a
person in custody. Neither the legally binding provisions of health
checkup every 48 hours during police custody were adhered to. As
a result Shri Ray developed a high blood pressure and had to be
transferred to the Jail Hospital and then to the NRS Medical College
and Hospital in Kolkata immediately after the end of the police
custody.
They were not allowed to avail legal assistance during police
custody as per rules.
3. Jail Custody:
All the four persons, whom the team met at Jhargram Sub-Jail
complained about subhuman living conditions in the Jails. The
food is substandard both in quality and quantity and even below the
standards set as per Jail manuals-as a result all of them lost w
eight to the tune of 2 Kg to 7 Kg during their six months' stay. Shri
Ray developed an ischemic heart as a result of treatment meted
out in the police custody. Chandi Sarkar, lodged in Nadia District Jail
has Piles and gastrities. It is reported however that as per
the advice of the Jail doctor, he is being provided with spiceless
boiled food.
It is amazing to learn that though the prisoners in the
Jhargram sub-jail get a daily news paper, they get it only after
censoring and cutting out some of the news items. It is beyond the
understanding of the team, what objections the Govt. could
legally have against items published in National dailies.
All these persons satisfy the conditions laid down in
sections 24 (1) (g), and 24 (2) (vi) of the West Bengal Correctional
Services Act 1992 to be classified as political prisoner. The
indiscriminate slapping of sections relating to sedition and
conspiracy against many arrested persons also are clear indicative of
the political nature of the allegations against them. Most of
these sections are included in Chapter VI of the IPC and the
explanation a(1) Section 24 of the West Bengal Correctional Services
Act specifically mentions that 'an offence coming within the purview of
Chapter VI of the IPC shall always be deemed as a political
offence.' It is deplorable that the State Govt. is shying away from
its minimum responsibility of recognising its political
opposition.
4. The Cases:
The team have gone through the FIR, Chargesheet, seizure
lists in respect of Belpahari PS case No. 28/05 dated 23.5.05 (GR
No. 212/05) and the FIR of Kotwali PS case No. 333/05 dated 2.10.2005.
All these papers bear evidences of pathetic concoction. The
lawyers defending the prisoners in Jhargram Court pointed out that as
per seizure lists submitted by the police in the court, the
police seized series of articles necessary to build up a case against
the persons from a locked room at 199 Battala By Lane, PS
Uttarpara. On 1 June 2005 the police searched the locked room eight
times at 12-05 hrs, 12-25 hrs, 13-35 hrs, 13-45 hrs, 2-05 PM,
14-15 hrs, 14-20 hrs and 15-05 hrs. Each time the police some articles
relevant to the case and seized them. The house at which
Chandi Sarkar was staying in village Kathgora in Nadia was searched
during his arrest on 23 September 2005. In mid December the
police took away two pillows from the house saying that they are needed
for the case. It was later learned that the pillows were
made exhibit in the case against him claiming that a bullet was found
in one of the them.
Shri Ray, Shri Halder, Shri Debnath and Sk Hossain informed
that they had nothing incriminating while they were picked up
from roads and nothing incriminating was seized from their persons,
neither it was possible for them to have the seizure listed
articles with them when they were arrested.
It is learned that immediately after Shri Ray and Shri Halder's
arrest on 21 May, the police began stacking
arms/money/photographs etc in the above house and with much fanfare and
before the full media glare stazed a drama of search and
seizure at the room at Uttarpara on 1 June 05. The defence lawyers
cited several other indications of concoctions in the seizure
lists. It will not be prudent at this juncture to dwell upon all of
them.
The charges against Shri Ray and others are essentially of
sedition and conspiracy against state. As per newspaper reports
the top police brass of the state intelligence were entrusted with the
job of building up a full-proof case against them The defence
lawyers already complained to the court on 17 Dec 05 that the original
chargesheet submitted to the court on 20.8.05 has already
been tampered with. The certified photo copy of the Chargesheet and its
annexure given by the court to the defendants do not tally
with that kept in the court file, clearly indicating fabrication and
tampering.
Shri Chandi Sarkar and fifty others are implicated in Kotwali
PS case No. 333/05 dated 2.10.2005, which is based solely on
a purported confessional statement of Sri Sarkar made in police
custody. According to laws of the country, statements extracted in
police custody cannot be accepted as evidence. The police preferred to
use such a statement to book 50 odd people, including several
Human Rights activists and several political activists belonging to the
non-CPI(M) political strata.
5. Government response:
It was pointed out to us that the government failed to respond to innumerous complaints regarding illegal police practices
during and after arrests, custodial torture and other related matters.
The team have gone through several such well documented
memoranda. The state government even declined to make public the report
of the Arun Mishra Commission. This commission was appointed
in the face of widespread protests from the people and eminent citizens
to enquire into allegations of illegal activities of the
police resulting in the death of a Central Govt officer Avijit Sinha in
July 2003.
The team also learned that the Chief Minister (who also holds the Home portfolio) refused to meet Human Rights
Organisations, Bandi Mukti Committee and even a group of eminent
intellectuals on the issue.
On behalf of the team a letter was sent to the Principal Secretary, Jails, Govt. of WB and IG of Prisons, Govt. of WB
requesting them to permit the team to meet political prisoners lodge in
Jhargram Sub-Jail and Nadia Dist Jail. No response to the
letter was given and the team was refused permission to meet Chandi
Sarkar and four others lodged in Nadia Dist. Jail after keeping
them waiting for more than an hour. The team sought the intervention of
the Minister of Jails over the phone, who declined. We
learned from news paper reports that within the last one month while a
congress MP (Adhir Choudhury) and a CPI(M) minister (Narayan
Biswas) were sent to Judicial Custody by the courts for criminal
offences, they held regular Darvars, feasts and conferences inside
the Jails. The refusal of the govt to allow this team to meet the
prisoners at the Nadia Jail is highly discriminatory and lacks
transparency.
6. Demands and recommendations:
- The state Government must stop all repressive measures against
political activiists and organisations.
- Fictitious cases registered against political activists and common
people should be withdrawn and all such persons be released
immediately.
- All persons detained in any form for political activities, should
be treated as political prisoners as per the provisions of sections 24 (1) (g), and 24 (2) (vi) of the West Bengal Correctional Services Act 1992. Such persons should be provided with appropriate facilities for their study and academic work while in Jail
- The police and other law enforcing agencies must act as per law and
stop violation of rights of a person during and after arrest. All complaints of violation of such righhts as laid down in the Apex court judgement dated 18.12.1996 in D.K.Basu v WB Govt case (WP No.592/1987) shall have to be enquired and the violators should be dealt with as per law. In particular the team calls upon the state govt to institute an impartial commission to enquire into the complaints of torture, maltreatment and illegal detention of Sushil Ray and others asmentioned in this report to prove its transparency and commitment to the rule of law.
- The practice of Badli arrests, detention in the name of enquiry and
harassment of relatives and friends of opposition political activists and villagers should stop.
Amitadyuti Kumar, Rajkishore Singh
Kolkata 30 December 2005
On
behalf of the fact finding team:
Rajkishore Singh, Editor, Janabadi Mukti Marg, Bihar
Tridib Ghosh, Vice-President, People'sUnion for Civil Liberties, Jharkhand.
Mithilesh Kumar, National Vice- President Indian Association of Peoples Lawyers, Delhi
Tara Singh, Lok Sangram Manch, Punjab
Dandapani Mohanti, Daman Pratirodh Manch, Orissa
Balbir Singh Saini, Janadhikar Manch, Haryana
.Ajay, Janadhikar Manch, Haryana
Tapas Chakrabarty, Vice President, Association for Protection of Democratic Rights (APDR), West Bengal
Amitadyuti Kumar, Vice President, APDR, West Bengal
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