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 Under Trial 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 villages — 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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 was 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 has gone through the FIR, Charge-sheet, 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 staged 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:
1. The state Government must stop all repressive measures against
political activiists and organisations.
2. Fictitious cases registered against political activists and common
people should be withdrawn and all such persons be released immediately.
3. 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
4. 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 rights as laid down
in the Apex court judgment 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 as mentioned in this report to prove its transparency
and commitment to the rule of law.
5. 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’s Union for Civil Liberties,
Jharkhand.
PUCL Report released at a Press Conference in Kolkata Press Club
on 30 December International Response to the Arrest of Com Narayan
Sanyal
As has already been reported in the last issue of the magazine PB
member of the CPI(Maoist), Com Narayan Sanyal (popularly known a
com Vijay and Prasad) was picked up from Raipur on Dec 28th. He
was kept illegally by the AP police and only when a habeas corpus
petition was filed was he produced on Jan.3rd 2006. Also many organisations
in India and internationally publicly demanded that Com Sanyal be
produced. Demonstrations took place in some cities of India and
also before the high commission in some countries.
He has been subjected to grueling questioning even though he is
at the age of 68 and in bad health. On Jan 3rd the police said that
he was arrested at a bus stop in the town of Badrachalam in AP.
They also claimed that he had weapons on him. it was a completely
fake story. Since then he was again remanded to 15 days police custody
when he was interrogated by the police from nine States. Finally
he has been thrown into a prison at Warangal. This is nothing but
further harassment as he neither knows the language nor is he familiar
with the State. He is being falsely implicated in nearly each and
every major case by the Maoists in the country, from the abortive
attack on Naidu, to the Jehanabad jail break.
Com. Prasad is a veteran communist leader who has stayed as a communist
since the 1970s fighting all the revisionist trends that enveloped
the communist movement in the country. Not only the CPI/CPM type
ruling class parties but also the various revisionist trends within
the M-L were fought by him to steer the then CPI(ML)(PU) along the
revolutionary path and initiate the merger with the CPI(ML)(PW)
and then the MCCI.
All democrats and the people demand his unconditional release and
an end to all harassment. They strongly condemn the notorious AP
police for their inhuman treatment for which they are now infamous.
Given his frail health and age and also his veteran commitment he
must be treated with due respect and dignity.
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