annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
annual report print final.qxd - Asian Centre for Human Rights
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
INDIA HUMAN RIGHTS REPORT 2005 West Bengal<br />
bleeding profusely inside the lock-up. He<br />
was later admitted to the Siliguri subdivisional<br />
hospital, where he died. S.K.<br />
Lahiri, who conducted the autopsy on the<br />
boy, said he had a cyst in his liver and died<br />
owing to liver rupture. The Calcutta High<br />
Court handed over the custodial death case<br />
to the CBI in October 1999 following a<br />
PIL filed by Tapash Chakrabarty on behalf<br />
of the Siliguri Chapter of the Association<br />
<strong>for</strong> Protection of <strong>Human</strong> <strong>Rights</strong>. On 30<br />
October 2001, the CBI had registered a<br />
case (no. RC 38/2001) against the two<br />
police officers. 43<br />
Most custodial deaths go unpunished.<br />
In April 2004, acting on directions of the<br />
National <strong>Human</strong> <strong>Rights</strong> Commission<br />
(NHRC), the West Bengal government has<br />
<strong>report</strong>edly paid compensation of Rs 1 lakh<br />
each to next of kin of two under trials who<br />
died of suffocation in an overcrowded<br />
court lock-up in Malda on 3 August 2002. 44<br />
But there was no reference <strong>for</strong> prosecution<br />
<strong>for</strong> such criminal dereliction of duty.<br />
Those who attempt to seek justice<br />
face threat from the law en<strong>for</strong>cement<br />
personnel. On 4 September 2004, 11<br />
policemen including the Additional<br />
Superintendent of Police of Durgapur<br />
were charge-sheeted by the State Criminal<br />
Investigation Department in connection<br />
with the disappearance of one Partha<br />
Mazumdar of North 24-Parganas in 1997.<br />
In its <strong>report</strong> of 31 March 2000, West<br />
Bengal State <strong>Human</strong> <strong>Rights</strong> concluded<br />
that “It is thus evident and clear that<br />
Partha Majumdar was arrested by police<br />
and detained in the Habra Police Station<br />
and in the name of Lakshman Giri, he was<br />
treated in hospital wherefrom he was<br />
discharged on 6 September 1997 evening<br />
and taken away by Arabinda Kushari to<br />
Barasat Police Station and since then<br />
Partha Majumdar is missing from police<br />
custody.” The WBHRC also<br />
recommended to the West Bengal<br />
Government to instruct the Criminal<br />
Investigation Department (CID) to initiate<br />
a case against those responsible <strong>for</strong><br />
Suresh’s death and Partha’s<br />
disappearance, as “the police version of<br />
the encounter does not exactly correspond<br />
with the way things happened on the<br />
fateful day”. The family members<br />
pursuing the case have been facing<br />
intimidation and harassment. On 11 July<br />
2004, the mother and sister of the victim<br />
met with a road accident and both of them<br />
have sustained severe injuries. The sister<br />
required a major knee surgery and was<br />
hospitalized at R G Kar Medical College<br />
and Hospital until 29 July 2004. The<br />
family members alleged that the accident<br />
was an organised attempt on their lives by<br />
the accused police officers. 45<br />
Judicial delay contributes to denial of<br />
justice. It took over 10 years <strong>for</strong> the<br />
judiciary to order that the prosecution of<br />
the guilty policemen did not require the<br />
permission of the government. Additional<br />
Superintendent of Police, Harman Preet<br />
Singh and three other cops were found<br />
guilty of abduction and torturing to death<br />
of 37-year-old mill worker Bhikhari<br />
Paswan of Victoria Jute Mill in Kolkata.<br />
The Kolkata High Court held on 29 July<br />
269