annual report print final.qxd - Asian Centre for Human Rights

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