CHAPTER - V

SOME MAJOR CASE STUDIES OF

HUMAN RIGHTS VIOLATION

CHAPTER:V

SOME MAJOR CASE STUDIES OF HUMAN RIGHTS VIOLATION

In an attempt to encapsulate the trend of custodial violence in West Bengal

during the post 1977 period, the chapter has presented ten case studies. These studies

bring into sharp focus the abridgement of fundamental rights of citizens and violation

of their human rights in the custody of Police as well as in the Correctional Homes. It

bears recall that the Left Front swept the Assembly Polls in June 1977 and assumed the

Government power with absolute majority in the State Legislative Assembly. The

popular support that the Left Front enlisted was because of its commitment to the cause

of the people and its pledge to restore the civil liberties abrogated during the Internal

Emergency clamped down on June 25 , 1975. It was the electoral pledge of the Left

Front to scrap the draconian laws, to release the detenus languishing in the jails and to

withdraw the false cases started against the political activists and people involved in

democratic movement which swept the Left Front to electoral victory. These electoral

pledges had electrifying effect on different cross sections of the people - the

intelligentsia, middle class, farmers, wage earners, unemployed youth, underprivileged

and the industrial workers- who had to bear the brunt of the State terror unleashed

during the emergency. The popular resentment and anger of the toiling masses against

the Government of the day was transformed into the massive mandate for the Left front

in the 1977 Assembly elections. Immediately after assuming office the Left Front

Government in its first Cabinet meeting on June 21, 1977 took the decision to release

all the political detenus. The message was loud and clear. The Left Front Government

would stand by the people. People also reposed full confidence in the

Government.People's faith in the Government further increased when it took the

decision to hold Panchayet General Elections as per provisions of the West Bengal

Panchayet Act, 1973 to strengthen the democratic fabric of the state through

decentralisation of power. It opened the avenues for the people to exercise their

expanded choice and shape their own destiny. The' 'Operation Barga' launched by the

Left Front Government was another significant step that struck at the root of the rural

power structure in West Bengal. It emboldened people's authority in the emerging

pattern of governance. In the gradually unfolding situations people started believing

that the Left Front Government would initiate both short term and long-term measures

to make structural change in the police system also. They believed that the Government

would also take proactive initiatives for bringing about qualitative change in the system

and create conditions so that the people were not subjected to the same kind of police

repression and atrocities as they had the misfortune of experiencing in the past. The

glaring examples of such police repression and atrocities on the citizens are evident in

the case studies discussed in chapter IV. As matter of fact , the decision of the state

Government to set up an Inquiry Commission under Justice J.Sarma Sarkar as

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Chairman to probe the police atrocities on the people during the Emergency period

reinforced the people's confidence in the Government and strengthened their belief that

the Government was determined in its bid to effectively deal with the Police

highhandedness. The State Government also took the pioneering step to set up the State

Human Rights Commission in 1995 in pursuance of the objectives set forth in the

Protection of Human Rights Act, 1993.lt sprang new hopes among the people and they

took it as an example of Government's sincerity of purpose towards protection of

human riights of the citizens. People expected that the Police in keeping with the

fundamental objectives of the Government would preserve, promote and protect the

democratic values of the State but the expectations of the people continue to remain a

far cry. There has been little change in the attitude, behaviour and functional pattern of

the Police even after twenty seven years of Left Front rule in the state. The great

expectations of 1977 have turned out to be winter of despair. Police continues to be as

oppressive and ruthless as in the past. The following case studies only give a glimpse

of such ruthlessness of the Police - the Police of that Left Front Government which was

voted to power for its commitment to protect, promote, and expand democratic rights,

civil liberties and human rights and to stand by the people against all forms of

oppression. It is worthwhile to mention in this connection that the West Bengal Human

Rights Commission received 660 complaints against various acts of commission and

omission of the Police during the year 2000-2001 which constituted 31.44% of the total

number of cases taken cognizance of during the year. The number of custodial deaths

during 2000-2001 was 62 compared to 84 in 1999-2000 and 51 in 1998-99. Of the

crimes reported against the Kolkata Police the most heinous crimes were one incident

of custodial death and three incidents of custodial rape and outraging the modesty of

women. Similarly. 119 incidents of Police inaction and Police excess affecting public

life were reported in the Kolkata Police area alone.1

Against these grim realities, the

following case studies are presented.

Case No. 1 : Archana Guha and others

The Archana Guha case is one of the most famous cases of custodial violence

in the custody of Kolkata Police. The gruesome story opens on July 17, 1974 with a

posse of policemen. led by Runu Guha Niyogi, raiding the Guhas' flat in search of

Saumen, who, however, was in hiding. In stead, Mrs. Archana Guha , Gouri Guha and

Latika Chatterjee were arrested by the officers and men of the Detective Department of

the Kolkata Police and kept in the Central Lock -Up, Lalbazar, the Head Quarters of

Kolkata Police. from 17th. of July to 13th. of August 1974. All of them were arrested at

10.30 p.m of 17th. July. Latika Chatterjee was not a member of the Guba family but

their famiily friend. She was present in the house of the Guhas at the material time

merely by chance. They were arrested on the suspicion that they were involved in the

Naxalite movement. From 17th. July to 13th of August they were kept under detention

in the Central Lock up illegally and unauthorisedly. Though they were taken to the

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Sealdah Court on July 20, they were not produced before the Magistrate but kept

huddled in the Prison van. They were not also ordered to be under Police Remand. But,

Runu Guba Niyogi and his aides later manufactured documents and got Remand papers

from the court. The three women were booked under 120 A of the Indian Penal Code

and section 9 of the Maintenance of Internal Security Act (MISA).

During the course of the detention in the Central Lock up they were

physically assaulted and tortured in the Torture cell of Lalbazar by the then Inspector,

DD, Runu Guha Niogi and other police officers and men. The officers not only tortured

the three women in the custody to elicit information as to the whereabouts of Saumen,

brother of Archana Guha, but also forced them to sign blank papers in spite of the fact

that this is illegal and unauthorized 2 . On 20. 07. 1974 Amit Majumder under

instruction of Runu Guha Niogi obtained their signatures under duress. Archana Guha

in her deposition to the Court said, " On that day at the instruction of accused Runu

Guha Niogi at the Cell one Police officer Amit Majumder produced some blank papers

before me. They also produced such type of blank papers before Latika and Gouri.

Police officer told me to sign on the blank papers, and if I failed to do so then they will

give similar treatment (torture) upon my old mother and my nieces. " 3 What kind of

torture they were subjected to in the Lack -up ? In her evidence before the Court

Archana Guha Niogi narrated the incident of July 20, 1974 as follows:

" At the instruction of Ru nu, Aditya brought me to the Torture Chamber.

Aditya put my body on a chair and told me that if I failed to disclose anything then four

non-Bengali Hindustani drunken persons standing outside on his signal would attack

me and would commit rape upon me. Runu asked Aditya whether I had disclosed

anything to him. When Aditya told him that I was not disclosing anything to him, then

Runu himself came to the Torture Chamber. " 4

As a result of merciless beating in the Police Lock-up in Lalbaz.ar, Archana had

to be admitted to the Medical College Hospital, Kolkata for treatment and later released

on Parole in I 975. The inhuman physical torture on Archana caused so much of

damage to her entire nervous system that Amnesty International took her to the

International Rehabilitation Research Centre for Torture Victims, at Copenhagen,

Denmark, in January I 980 for treatment.

It is not an isolated instance of inhuman torture on Archana , Latika and Gouri

, nor is it a question of repression of Naxalite movement in the seventies but a far more

serious question of Police brutality that needs to be judged in the context of judgment

of the Supreme Court of India in the Kartar Singh Vs. State of Punjab which reads as

follows:

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" It is heart rending to note that day in and day out we come across with the

news of blood-cuddling incidents of police brutality and atrocities, alleged to have been

committed, in utter disregard and in all breaches of humanitarian law and universal

human rights as well as in total negation of the constitutional guarantees and human

decency. We are undoubtedly committed to uphold human rights even as a part of

long-standing heritage and as enshrined in our constitutional law. We feel that this

perspective needs to be kept in view by every law enforcing authority because the

recognition of the inherent dignity and of the equal and inalienable rights of the citizens

is the foundation of freedom, justice and peace in the world. If the human rights are

outraged, then the court should set its face against such violation of human rights by

exercising its majestic judicial authority.

The protection that the citizens enjoy under the rule of law is the quintessence

of two thousand years of human struggling from Adam. It is not commonly realized

how easily this may be lost. There is no known method of retaining them but by eternal

vigilance. There is no institution to which the duty can be delegated except to the

judiciary. If the law enforcing authority becomes a lawbreaker it breeds contempt for

law; it invites every man to become a law unto him and ultimately it invites anarchy.

Many a time in human history, great societies have crumbled into oblivion

through their failure to realize the significance of crisis situations operating within

them. True, ours is a country which stands tallest even in troubled times, the country

that clings to fundamental principles of human rights, the country that cherishes its

constitutional heritage and rejects simple solutions that compromise the values that lie

at the root of our democratic system. Each generation of mankind has considered its

perplexities and concerns to be unique and consequently their fundamental demands

are more:

the cry for justice

the longing for peace

and

the felt need for security.

The above are to maintain the higher rhythms of pulsating democratic life in a

constitutional order " 5

Ill's a cruel irony that the Police, in stead of protecting the basic values of the

human society and protecting those who are in their custody, in total disregard of the

fundamental principles of human rights and constitutional heritage of the country

perfected the art of custodial torture on three women in the Central Lock-up of Kolkata

Police HQ at Lalabazar on mere suspicion of their involvement in the Naxalite

movement that rocked the whole country in the early seventies.

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It remains a fact that the technology of torture all over the world has

become highly developed. State-of-the-art techniques are being a pp lied on the

detainees to extract confession. The application of these sophisticated devices can

destroy a prisoner's will within hours but leave no visible marks of brutality 6 . Had

Archana, Gouri and Latika the taste of these modern devices ? Did Runu Guha Ni yogi

and his accomplices apply medieval methods on them ? Archana had herself said that

various methods were applied to inflict physical assault on her and they were

continuous. As a result of such torture she had to suffer excruciating pain and trauma -

physical and mental. The swelling on her body continued for many years till she had

been to jail. There were burn injuries at her elbow joint, sole and toe. In the injuries 7 puss was formed.

Nobody paid heed to her complaints and arranged any medical treatment for

injuries when she was in the Lalbazar Central Lock-up . The Police officials used to

suppress truth and speak in hushed voice as to how she should be dealt with.

\\'hat emerged from the statement of Archana Guha is how undertrial

prisoners and detainees are tortured in the Police Lock-up and how evidence 1s

manufactured to suit the interests of the Police. It is also evident that there is a practice

in the Police to prepare records by themselves to "kill" any case against them.

The Hon'ble Supreme Court in the matter of Niranjan Singh and another Vs.

Prabhakar Rajaram Kharote and others (1980) had observed:

" The police have the advantage that they prepare the preliminary record which

may kill the case against them. This disquietening syndrome of policemen committing

crimes of killing and making up perfect paperwork cases of innocent discharge of duty

should not be ruled out when courts examine rival versions" 8

Manufacturing of evidence apart, the Police brutality on Archana and others in

the Lalbazar Central Lock-up is a grim reminder of what usually happened in medieval

period. The three women were punched, kicked, pulled by the hair and given burns

with a lighted cigar. Archana and Gouri -with Latika forced to look on- were subjected

to falanga ( or kachua in Bengali ), a third degree method . In the words of Archana :

" ... Sontosh and some other police constables had made me sit upon the floor

and my' sari' was lifted upto my knees and then front portion of the ' sari' was tied with

the back portion through the two legs in the manner of' kachha' (portion of sari tightly

held onto the back) and the portion of' sari' used as ' anchal ' ( sari end) was tightly tied

around my waist. Then the two ankles of my legs were tied with the wrists of my

hands, together with a rope. Then a pole was inserted, through my two knees and the

elbows in the manner of inserting a screw as it was so done in the case of Gouri. Then

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the two ends of the said pole were rested upon arms of the chair and I had been

suspended in between two chairs with my head towards the ground and feet upwards.

Thereafter, at the instruction of Runu Guha Niogi , Santosh began to strike at the sole

of my feet with a Iathi with great force. I was being beaten so mercilessly that I felt the

veins and arteries of my head will burst on each time. " 9

In a case of torture in police custody, by beating on the soles of victims and

flagellation, the Hon'ble Supreme Court oflndia had observed :

" A case of theft in some officer's house had been reported to the police the

previous night and so as part of the investigation suspects were picked up and suffered,

as part of the process of investigation, severe flagellation, Chabila, one of those so

tortured, succumbed to his injuries ... Medical examination revealed the cruel cause of

death as asphyxiation. One of the injuries, which, according to the doctor, made the

deceased unconscious. was torture on both the soles of the feet of the victim. A trial for

murder followed a conviction under section 302 IPC was entered and eventually the

High Court confirmed the conviction and sentence of life imprisonment so far as the

petitioner was concerned.

A false explanation of the suicidal hanging was set up by the police officer

accused but this was rejected and eventually, on a study of the circumstances and

incontrovertible facts of flagellation and asphyxiation within police premises and the

testimony of eye witnesses about nocturnal detention within the police station and

beating up of the victim, the courts below concurrently found the guilt of the petitioner

proved beyond reasonable doubt. Strenuous submissions have been made to us by Shri

Mulla to discredit the prosecution but we are not in the least convinced that there is any

error in the appreciation of the conclusion.

We are deeply disturbed at the diabolical recurrence of Police torture resulting

in a terrible scare in the minds of common citizens that their lives and liberty are under

a new peril when the guardians of the law gore human rights to death. The vulnerability

of human rights assumes a traumatic, torturesome poignancy; the violent violation is

perpetrated by the police, arm of the State whose function is to protect the citizen and

not to commit gruesome offences against them as has happened in this case" 10

So far as the custodial violence on Archana Guha and others is concerned , the

Kolkata Police far from protecting the rights of citizens and honouring the dignity of

three women in their custody perpetrated gruesome offences.Archana Guha was so

severely tortured in the Lalbazar Central Lock-Up of the Kolkata Police that she had

suffered damages of her nerves and other vital organs. In addition to paraplegia (

paralysis of the lower limbs), she had frequent bouts of headaches, when her lower jaw

fell loose , the two jaws together crackled , and she frothed profusely at the mouth. The

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medical reports and statement of the Dr. B.R.Sengupta, Reader in Medical College

Hospital ,Kolkata at the material time said:

" While I examined Archana Guha on 5.9.75, I recommended her removal

outside the State Hospitals for necessary investigation. On my recommendation CMO

suggested S.S.K.M. Hospital. On 5.9.75 I made such recommendation because

Archana Guha was found terribly weak. Archana Guha had some evidence of Lower

Motor Neorone (LMN) Lesion. I found her temperament was very irritable and her

renal angles (Kidney point) were very tender . She was strongly recommended for

immediate investigation. On 25.1.1976 while I examined Archana Guha I did not see

any sign either of improvement or deterioration. On either of the dates I examined

Archana Guha , she could not stand comfortably and her weakness was found

progressing. The weakness was of lower limbs " 11

Latika Chatterjee also gave a vivid description of how Archana was tortured

in the police custody in the Lalbazar Central Lock-up. She said that two constables

were deployed exclusively for torturing Archana. One of them was Anadi by name.

She was rn severely beaten that she was unable to stand up. She had asked for a glass

of water. The lady warder offered it to her but she was so feeble that she could not take

the water even. On 21-07-1974 Latika and Gouri could meet Archana when the

undertrial prisoners and detainees were being served tea. The whole body of Archana

was swollen . Injury marks were also prominent. She was also running high

temperature but nobody was there to sympathise with her nor was there anyone to

arrange her medical treatment and fetch medicines. 12

Archana, Latika and Gouri were arrested , confined and tortured in presence of

other police officers and men. They were the eyewitnesses to the whole chain of

events that caused incalculable miseries to the three women as a result of which one of

them became paralytic. But, none of the police officers or men came forward to stand

against the brutal tortures inflicted on the three women detained by the police in

flagrant violation of basic human rights. This reflects that the police officers and men

are tied by a kind of brotherhood and consider themselves members of a single family,

which has to be protected against all external threats even if their conscience might

dictate otherwise. In the matter of State of Uttar Pradesh Vs. Ramsagar Yada v and

others (1985) the Supreme Court oflndia observed:

" Police officers alone, and none else, can give evidence as regards the

circumstances in which a person in their custody comes to receive injuries . Bound by

ties of a kind of brotherhood, they often prefer to remain silent in such situations and

when they choose to speak, they put their own gloss upon facts and shield the truth.

The result is that persons, on whom atrocities are perpetrated by the police in the

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sanctum sanctorum of the police station, are left without any evidence to prove who the

ffi d " 13 o en ers are.

In respect of torture, mental and physical, on Archana Guha, Gouri Guha and

Latika Chaterjee the Police officers and men under leadership of Runu Guha Nigoyi

did the same thing . They not only adopted illegal method to manufacture as well as to

destroy material evidence to subvert the process of law but also created every possible

hurdle for Archana, Latika and Gouri in getting the justice they rightfully deserved.

On 20th August 1977 Archana Guha filed a complaint ( Case No. C 3285 of

1977: Arc:hana Guha Vs. Ranjit @ Runu Guha Niyogi and others ) before the Chief

Metropolitan Magistrate, Kolkata, against the brutal tortures inflicted on herself, Gouri

Guha and Latika Chatterjee by Inspr. Runu Guha Niyogi, constable Sontosh Dey and

others (Arun Bandyopadhyay, Aditya Manda!, Kamal Das) of the Special Cell of the

Detective Department of Kolkata Police during their illegal detention in the Central

Lock-up of the Kolkata Police, Lalbazar from July 17 to August 13, 1974. The 7th.

Metropolitan Magistrate after considering all evidences and petition filed by the

complainant took cognizance of the case and framed charges against Runu Guha

Niyogi and Sontosh Dey u/s 330/324/509/34 IPC. The Court convicted aced. Runu

Guha Niyogi and Sontosh Dey for offences u/s 330/324/34 IPC and sentenced them to

imprisonment for one year and fine of Rs. 2000/- and further imprisonment of six

months and fine of Rs. 500/- each for offence u/s 509/34 IPC .The judgment was

delivered on June 5, 1996 by Shri Suryendu Biswas , Metropolitan Magistrate,

Kolkata.

In this connection it is important to note that Shri Asit Kumar Dutta ,

Advocate standing for Archana Guha in the matter of Archana Guha Vs. Ranjit Guha

Niyogi and Others as her lawyer received anonymous threat calls on phone . He had

reported it to the Danish Consulate on 27th. January 2000 and requested the Danish

Consulate to arrange his security 14 . It is to be noted that Archana Guha became a

Danish Citizen after marrying the Physiotherapist under whom she was undergoing

medical treatment in Copenhagen . Danish Government was defending her case in

Kolkata . The Advocate's fees were also being met by Danish Consulate.

The accused Police officer and constable, however, appealed against the

judgment to the Ld. Chief Judge, City Civil and Sessions Court at Kolkata ( Criminal

Appeal Nos. 18 & 19 of 1996 ). 15

In the meanwhile, the main accused in the case,

Runu Guba Ni yogi, is already dead .The case is, however, still sub judice.

The actual gain for the commoner is the Metropolitan Magistrate's judgment (

other than sentence) which clearly shows that Runu Guha Niyogi 's position is

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altogether legally indefensible. His actions represent barbaric force, while the police

have to be part of civilized social organisation . 16

The signal that goes to those who have financial and political clout is that it

may well become increasingly difficult to mislead the common man into stupid

violence and that driven to the wall he can combine honesty of purpose, intellectual

maturity and grit enough to demystify jurisprudence and fight a legal battle on his own 17

Archana Guha and her family had to pay heavy price for what had happened to

them- in terms of time, money and attention. Runu Guha Ni yogi on the other hand has

got everything that an ambitious man can desire: promotion, a wards, full retirement

benefits - and fabulous wealth and, that too, during the tenure of the Left Front

Government that promised deterrent action against those responsible for violating the

fundamental rights of the citizens. Runu's service career as a Police officer was mostly

confined to the Congress regime and he gained notoriety for his brutal repression of the

Naxalite movement of the seventies. He was responsible for so many custodial deaths

and other forms of custodial tortures. He killed so many bright young persons in fake

encounters. 18

O.P Rana in an article titled " With Apologies to Shakespeare "

published in The Statesman said :

" ... And sure he is an honourable man . Honourable because he started his life

as a sub-inspector and retired as deputy commissioner. And honest - if one must go by

the premise that labour finds reward- for today he is managing director of eight firms.

Righteous because he put down hundreds of youths in the 70s . Humble because he

does not consider the killings and torture achievement; it was all part of duty. The

epitome of "truth" for he says the 1971 Baranagar massacre was the spontaneous

handiwork of the local people. A court of law may have found him guilty of torturing

and crippling Archana Guha , but he considers himself innocent. Meenakshi Sen,

Rajashri Dasgupta, Moloya Ghosh, Anisha Poddar and Shipra Saha are just names on

paper, " victims" from whom the truth must be known. Their crime: they were

naxalites. But Runu is a great believer in equality. Surely third degree methods aren't

the sole preserve of mortal man? "

But, has the tradition of Kolkata Police in perpetrating brutal torture on the

accused persons in their custody has changed after the Left Front Government has

come to power in 1977 ? It has not. The following case studies clearly and

incontrovertibly confirm the position.

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Case No. 2 Abdullah Kazi

The agony and sufferings of Abdullah Kazi 19 , an under trial prisoner in the

custody of Kolkata Police are heart rending. He is a classical example of what Police

brutalities can push one to. Born in a poor family in a rural setting, Abdullah was a

worker in a panda! making enterprise in his native village - Namajgarh, Jangalia, P.S.

Joynagar., Dt. South 24-Parganas. He used to carry on well until he started dreaming of

having an independent business of his own. He had the dreams to have a small family

and live a carefree life with his wife and children. His dream to become self-sufficient

led him to think for business but had no means to start it for want of provisions. One

day he came in contact with Md. Rahamat Gazi who promised him some loan.That was

in 1988 summer. On October 3, 1988 Abhdullah accompanied Rahamat Gazi to

Kolkata by a car all the way from Lakshmikantapur. A few others not known to him

also accompanied Rahamat. On that bright sunny afternoon , Abdullah Kazi was

dropped in a place on a busy Kolkata street - a place totally unfamiliar to him. He

waited there for nearly an hour just gazing at the passing vehicles, people on the street

and the shops and buildings around. He came to Kolkata on the understanding that

Rahamat Gazi would give him some money as loan to enable him to start a business.

Rahamat Gazi gave him Rs.2600/- on the day and he returned to his native place, spent

the night dreaming all the finer things in life but they were completely shattered when

he came to know that the money Rahamat had given him was actually the share of

booty of the dacoity Rahamat Gazi's gang had committed on October 3, 1988 in

Amherst Street, Kolkata. In fear of being caught by the police he fled his native place

with his wife and children.. This was the most important turn in the life of poor

Abdullah who was still dreaming of becoming a self-sufficient businessman but destiny

had ordained otherwise. He became a fugitive - an absconder to keep away from the

long arms of the police. He was always on the run in fear of being caught. However,

Rahamat Gazi arranged his shelter in Lakshmikantapur for several weeks and Abdullah

started working as a day-labourer until nabbed by the Detective Deptt. of the Kolkata

Police in January. 1989 in connection with the Amherst Street dacoity case. Though

Abdullah was not present physically at the place of occurrence, he very much

constituted a part of the Rahamat Gazi gang.

Abdullah Kazi thus embraced a new life. He was brought to Lalbazar Central

Lock Up and beaten mercilessly in the police custody. He was kept in the Central Lock

Up without any formal arrest for 10 days at a stretch and produced before the

Magistrate in the Bankshal Court on the 11th day. The Magistrate remanded him to

police custody for nine (9 ) days more.As an under trial prisoner his days in the police

remand were most harrowing and excruciating. Day in and day out, he was tortured in

the police custody both physically and mentally. Not only did the police constables

beat him but also the officers of the Detective Deptt. - mostly Sub-Inspectors and

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Assistant Sub-Inspectors - took lead in inflicting physical torture on him. It is

important to note that when Abdullah was arrested , Police did not comply with any of

the formalities required under the Ia w and guidelines framed by the Hon' ble Supreme

Court of India in the D.K. Basu Vs. State of West Bengal case.20 He was neither given

any Memo of Arrest nor subjected to medical check-up though requested for it. In

Appendix 2. l and Appendix 2.2 Memo of Arrest and Inspection Memo have been

shown respectively.

Abdullah was released on bail in January, 1990. He went back home - sick

and almost infirm because of the police torture. It was extremely difficult for him to

arrange medical treatment for himself as he was totally ruined financially. He had to

loan money from different quarters for securing release from jail. He had to spend all

his provisions for payment of lawyers' fees and to meet other commitments. It took

almost four months for him ito recover from the physical and mental bruises of the

custodial violence. Just when Abdullah was trying to live a normal life he was

arrested by the Baruipur Police (South 24-Pgs.) on charges of crime he had not

committed. They beat him so severely in their custody that the medical treatment he

had undergone so far totally went in vain. He was lodged to jail again. The turn of

events made Abdullah feel that the police would not allow him to live a decent normal

life and the only alternative left before him was to take to crime and emerge as a

dreaded, hardcore, professional criminal. Subsequently, he was released on bail by the

Court but abject poverty and lure of easy wealth led him to associate himself with his

gang members who used to frequent him and provoked him to commit crimes.

TI1e next crime he committed was in March 1993. It was a dacoity in a multi­

storied building in Taratala as a member of Kalyan Chowdhury's gang. An educated

Bangladeshi national , Kalyan is known for perfecting the art of commission of

dacoity in broad daylight. Abdullah got the share ofRs,65,000/- after this operation and

went into hiding but the Detective Deptt. of the Kolkata Police could nab him in July,

1993. Again he was kept in the Central Lock up for five days at a stretch without any

entry and on the 6'h day produced before the Magistrate in the Bankshal Court but only

to be remanded to the police custody for fourteen days more. Again, this was a period

of gruesome experience - the harrowing experience he had gathered during his earlier

stay in the Central Lock Up. He had to undergo the usual police torture - both mental

and physical.

AJter his release on bail, Abdullah started staying at his native village and

sometimes used to commit petty crimes.

1he third major operation in which Abdullah participated was the dacoity in J.

& Sons Jewellery Shop on Park Street in August 1994 as a member of the dreaded

Rahamat Gazi Gang. As a share of the booty Abdullah got 2500 gm. of silver, 200

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gm. of gold Jewelleries and 14 wristwatches. But, his happy moments were over when

the Detective Deptt. of the Kolkata Police raided his house one night and picked up his

wife and brother. Abdullah was hiding elsewhere. The most unfortunate part of an

under trial prisoner is that even his family is not spared if the UTP goes into hiding. It

speaks volumes when the police - the custodian of law - do not even spare a female

under their custody in true tradition of Runu Guha Nigogi and his men. In order to

extract confession from Jharna Bibi, wife of Abdullah , the police stripped her and

attempted to parade her naked on the street. The Police party that had conducted raid

in the house of Abdullah took Jharna to the Prison van for onward journey to the

Central Lock-up in Labazar. They even attempted molestation on Jharna in the van

itself but was resisted by an old non-Bengali constable. The police kept Jharna Bibi

and Abdullah's brother in the Central Lock- up of Lal Bazar for seven days without

any formal entry and implicated them in false cases. They were produced on the gth

day before the Magistrate but only to be remanded to their custody for more seven

days. Whether during the period of remand or before production to the Court, the

police officers and men tortured both Jharna and her brother-in-law to extract

confession.The kind of torture: inflicted on Jharna included punches, slapping, beating

with lathi on the soles of both feet, threatening of rape, insertion of lathi into the vagina

and scrotum. Similar treatment was also meted out to Mahidul Kaji ( Abdullah's

brother). This apart, they were abused profusely and even threatened of dire

consequences. Ultimately, both of them succumbed to police pressures and disclosed

the hideout of Abdullah. Following the disclosure Abdullah was arrested at 1.30 am.

on a mid-November night 1994. This time Abdullah's experience in the police custody

was no different from the past ones. Apart from physical and mental torture, he was

kept in the police custody unauthorisedly for 4 days and later taken to remand for 38

days. The third-degree method applied to him resulted in the confession that he had

kept 200 gm. of gold - the share of the booty of Park Street dacoity case- beneath the

ground in his thatched house, and the police recovered it. Abdullah was also implicated

in several false cases to ensure his stay behind the bars and prevent recidivism. But,

after 90 days he was bailed out and this gave him yet another opportunity to participate

in a dacoity of Rs.14 lakh when a group of LIC officers was going to deposit the

money with the Bank in Baruipur. It was on August 20, 2003. Again, when he was

bailed out on 21-11-2003, the Detective Deptt. of the Kolkata arrested him on charges

of crime he had not committed. It is interesting to note that though the Baruipur Police

arrested him in connection wiith the LIC money dacoity case on September 25, 2003 he

was produced before the Magistrate after lapse of ten days. His detention in the custody

of Baruipur police was thoroughly illegal and unauthorized. The torture- physical and

mental- inflicted on Abdullah during the days of his unauthorized detention in the

custody of Baruipur police is beyond description. They have damaged all his nerves

and caused fatal injuries to his anus through Chirat (a kind of physical torture

perpetrated by several policemen. They just catch both the legs of a person, stretch

262

them left and right after standing on the thighs of both the legs. In the process the anus

gets ruptured and the thighs disjoined ).

Abdullah is still languishing in the Alipur Central Correctional Home as an

undertrial prisoner - totally broken and unfit for living a normal life.

Case No. 3 Babai Biswas

The brutal torture on Babai Biswas in the Police custody that resulted in his

death is only reminiscent of medieval barbarism. Though the incident took place in the

custody of the Thakurpukur Police Station in the district of South 24 parganas, I made

a thorough study of the case because it is the rarest of the rare cases where Police not

only subverted the process of law to shield its guilt but also coerced the medical

officers to aid and abet their misdeeds with the clear motive to escape the long arms of

law.

Similarly. the magistracy also played a dubious role to protect the guilty police

officers. 21 The West Bengal Human Rights Commission 22

, the print and electronic

media 23• i:he Supreme Court of India

24 and various bodies fighting for protection of

human rights. however, played a significant role in exposing the guilt of the Police.

On March 1998 at 14 .15 hours a complaint was lodged with the Thakurpukur

Police Station in the district of South 24 Parganas , on the border of Kolkata Police

jurisdiction. by Shri Harisadhan Bhattacharya, Deputy Superintendent of Police , CID.

West Bengal pertaining to the custodial death of Babai Biswas. The complaint stated

that the West Bengal Human Rights Commission had conducted an enquiry into the

custodial death of Babai Biswas (since deceased) aged 22 years, son of Shri Amal

Narayan Biswas of 6/56 Bijoygarh, Bijoygarh P.S.Jadavpur. The custodial death

occurred on April 09. 1997. On completion of the enquiry , the Human Rights

Commission had sent its recommendations to the Government. In the

recommendations dated December 17. 1997 the Commission said that Babai Bis was

was arrested on April 08 night at about 10 PM by Sub-inspector, A.K.Majumder, Sub­

inspector Anwar Hossain. Assistant Sub-inspector Pratul Chatterjee and others of

Keorapukur Town Out Post, P.S. Thakurpukur under order of Shri Dibyendu

Bannerjee. Inspector -in-charge of the Thakurpukur Police Station in connection with

Thakurpukur PS case No. 184 dated April 09, 1997 u/s 385/34 IPC, 25/27 Arms act

registered on the complaint of the I/C Thakurpukur P.S. He was taken to Keorapukur

TOP and thereafter to Thakurpukur P.S and was all along in the Police custody. On the

following afternoon ( 10/4/97) at about 14.00 hrs he was taken to MR Bangur Hospital

. PS Jadavpur with 29 injuries including 7 internal injuries said to have been caused by

blunt force, and he expired immediately.

263

Post Mortem examination on the dead body of deceased Babai Biswas was

conducted by Dr. Shyamal Kumar Lahiri, Department of Forensic Medicines, Medical

College , Kolkata with the assistance of Dr. D. Som and under the overall supervision

of Dr. A Nandi, Department of Forensic and State Medicine , Medical College ,

Kolkata. He detected 29 injuries including 7 internal injuries and opined that 'all the

injuries were caused by application of blunt force. The injuries were ante mortem and

homicidal in nature. ' 25

111e Dy. SP has also stated in the complaint that as per recommendation of the

West Bengal Human Rights Commission he was lodging suo motu complaint against

SI AK.Majumdar of Thakurpukur Police Station (attached to Keorapukur TOP) and

Inspector Dibyendu Bannerje , ex-Inspector-in-charge Thakurpukur Police Station ,

attached to Regent Park PS as Inspector-in-charge u/s 304/34 IPC for custodial assault

leading to death of Babai Biswas. On the basis of this complaint Thakurpukur PS Case

No. 95 dated 16/3/1998 u/s 304/34 IPC 26

was started. After investigation of the case

the CID West Bengal's Inspector Ranjit Kumar Chakraborty (DDI Alipur ,DO)

submitted Charge Sheet No. 121 dated 10/08/1998 against seven accused persons to

stand trial before the Court. 27

In the Charge Sheet , it has been clearly stated that a

prima facie charge of custodial violence has been well established against Inspector

Dibyendu Bannerjee and Sub-inspector Amrita Kumar Majumdar that led to the death

of Babai Biswas . Charges of causing disappearance of evidence , furnishing false

information, tampering with the records of Keorapukur TOP and Thakurpukur Police

Station have also been established. (Sub-inspector Amrita Kumar Majumdar committed

suicide vide Jadavpur PS UD case No. 148/98 dated 12/04/98.) 28

It has been further

stated that charge against some accused persons of disappearance of evidence has been

established and they are liable for prosecution u/s 201/34 IPC. Others are liable for

prosecution u/s 304/201/466/344 IPC.

What is most disturbing and surprising in the case is the role of the Medical

officer of the M.R.Bangur Hospital . The Death Certificate of Babai Biswas issued

by Dr. S .Tudu, Resident Medical officer of M.R Bangur Hospital , Kolkata, on 09-

04-97 eloquently speaks of the unholy nexus between the Police and the Medical

officers of the Hospital . The Death Certificate said :

" Babai Biswas - 22 yrs ( Regn. 18956) who was admitted into the MR Bangur

Hospital on 9-04-97 at 2.00 PM died on 9/04/97 at 2.02 o'clock and that in my opinion

the cause of death was cardio-respiratory failure in a case of unconscious gasping 79

patient " ·-

264

The Police also manufactured a story to justify the innocence of the police in

regard to the custodial death of Babai. Police investigation was tailored thus:

" During investigation of the case it was learnt that on 8-04-97 the said Babai

and 5/6 other miscreants were fighting amongst themselves under the influence of

liquor at Banerjeepara ,P.S.Thakurpukur. Three of them detained one Babua

Chakraborty of Panchanantala Road, Keorapukur, PS Thakurpukur and tried to extort

money. Officers and force of Keorapukur TOP rushed to the spot and could arrest

Babai Biswas son of Amal Narayan Biswas with one improvised revolver and .38

bullets. Thakurpukur PS case No. 184 dated 9-4-97 u/s 385/34 IPC , 25/27 Arms Act

was started against him. Babai felt pain in abdomen and he was given medical aid

locally on 8/9.4.97 night . Today ( 9-04-97) on way to Alipur Court he was again

feeling pain and was admitted in MRB Hospital at 14.00 hrs and expired at 14.02 hrs." 3 0 The IO had also recorded his remarks to the effect that the dead body be sent to

Police Morgue for Post Mortem to determine exact cause of death . He had further

stated that as the death was treated as " custodial death " PM examination was required.

Besides, he prayed for magisterial Inquest and Videophotograpy of the "PM

examination as per existing rule" 31

Shri Gobinda Chandra Saha, WBCS (Executive) had conducted inquest on the

dead body of Babai Biswas u/s 176 of the Cr.PC on 09/04/97 on the identification of

the deadbody by Benu Das, Sub-inspector of Police, and Jadavpur Police Station. This

police officer also had prepared the Surathal Report on the deadbody of Babai. The

Inquest was conducted at 11 P. Mon 09-04-97 at the Morgue of MR Bangur Hospital.

The description of the Dead body as observed by the Executive Magistrate was

as below 32:

°'V Head: Clear

°'V Mouth: Slightly Open

°'V Palms: Halffolded

~ Abdomen: Clear

°'V Back: Clear

"'i[J Eyes: Partly closed

°'V Hands: Straight

~ Neck: Clear

On the column " No. and nature of Injury marks as found on the body of the

deceased " it was noted : Abrasion mark on left arm. Froth coming out from the

mouth." Strangely , this was at variance with what has been noted by the officer who

had prepared the surathal on the deadbody ofBabai.

265

On close analysis of the whole chain of incidents I aver that the Babai Bis was

case is a classical example of Police using strong arms tactics to subvert the process of

law . They also exercised undue influence on the doctors of MR Bangur Hospital to

shield their own guilt- the criminal act of killing a 22 year old young man in their

custody. Sub-inspector AK.Majumder , Inspector Dibyendu Bannerje and Dy.SP

Abhijit Sengupta of Jada vpur( Town) pressurized the Medical Officer on Duty - Dr.

S.Tudu -to admit Babai Biswas in living condition and then declare him dead. Dr.

Tudu initially refused to succumb to the pressure of the Police officers but ultimately

had to give in at the instance of the acting Superintendent of the Hospital( Dr.

S.K.Ghosh). Accordingly Babai Biswas was admitted as a patient with the note "

unconscious and gasping for breath". 33 He was also prescribed Decadron injection

and given intra venous fluid (IV Fluid) at 2 PM. Babai died at 2.02 P .M- just two

minutes afiter his admission. Admission Ticket, Injury Report and Death Certificate

were manufactured accordingly. There exists a striking similarity with the way Runu

Guha Niyogi and his associates forced Archana Guha to sign blank papers to cover up

their unauthorised detention. 'They also manufactured a seizure list which Archana had

never signed and never was the original copy of the seizure list produced before the

court. In the case of Babai Biswas, Police just followed what their illustrious

predecessors in the 70s had done to subvert the process of law. But, even if the Police

had tried to destroy evidence they could not silence the voice of Shri Prabir Mandal .

GDA of M.R. Bangur Hospital . He said that he was on duty at the material time and

was present at the place when the Police officers were creating pressures on the doctors

to toe their line. It is , however, important to note that in the Command Certificate 34

which the constables were carrying , it was recorded that they were carrying the dead

body of Babai Biswas . How could the doctor of the M. R. Bangur Hospital admit a

deadbody into the Hospital ? They had to do it because the Police officers needed a

dead man to be admitted into Hospital to cover up their guilt. And even intra venous

fluid (IV Fluid ) can be administered to a dead man and decadron injection pushed if

it could save the Police officers from the iron hands of law which they are duty bound

to uphold ! Moreover, the Officer-in-charge, Thakurpukur Police Station in connivance

with the Officer-in-charge of the Keorapukur TOP had instituted a false case against

Babai Biswas in the Thakurpukur Police Station vide Thakurpukur PS case No. 184

dated 9-4-·97 u/s 385/34 IPC, 25/27 Arms Act by concocting a story of scuffle among

the local miscreants on 9/4/97 night. This is evident from the statement of Shri Babua

Chakraborty son of Sri Samarendra Chakraborty of 48/l 0 Putiary,Paschim Putiary

Road, P.S Thakurpukur Kolkota -48.

Babua Chakraborty @ Bhrigunath stated that he had no occasion to lodge any

complaint either with the Keorapukur TOP or Thakurpukur Police Station . He stated

further that in the complaint his name and that of his father as well as the address were

incorrect. The complaint by itself was false and fabricated.

266

The seizure list prepared in connection with the seizure of an improvised

revolver stated to have been recovered from the possession of Babai Biswas was also

manufactured as evident from the statement of Shri Sanjoy Manda! son of Shri Gopal

Manda! of 31 Mahatma Gandhi Road, Kolkata -82 who used to drive the vehicle of

Keorapukur TOP when the regular driver of the vehicle used to be absent. He stated 35

that he was. asked to sign the seizure list as Sanjay Pal though his surname was

Manda! . He was rather forced to sign the paper at the dictates of SI AK. Majumdar to

establish the credibility of the seizure of the arms. He was even dictated how the word

" Pal " should be spelt. The statement of Shri Manda! thus reconfirmed the Police had

hatched a conspiracy to put Babai Biswas to a situation wherefrom he could not come

out.

From the statements of Lakshi Kanta Samanta (38) son of late Anil Kanta

Sarnanta of Kadapara, Narkeidanga , P.S. Phulbagan and of Raju Ghosh son of late

Narayan Ghosh of Liluah Chalakpara P .S. Liluah , Dist: Howrah it also appeared that

they were picked up by the Thakurpukur Police from Karunamayee Fruits Market and

brought to the office of the Deputy Superintendent of Police, Jada vpur , at the dead

hours of night of 8/9/04/97 . They were coerced into signing a manufactured seizure

list in presence of the Inspector-in-charge of Thakurpukur Police Station and Sub­

inspector /\mrita Kumar Majumdar of the Keorapukur TOP . The SI also showed them

a revolver kept on the table of the Dy. SP. At the wee hours of night they were dropped

at the Karunamoyee Bazar only after they had acted on the instructions of the Police.

In order to ascertain more details as to how Babai had died or who were

responsible for torturing him to death I had spoken to Constable No. 2967 Pradip

Singh 36 who was attached to the Thakurpukur Police Station on 8/4/97 and

performed the first sentry duty. He stated that on the night of 8/9/04/97 at about 2 P.M

he took charge of the accused persons in the Lock -up. Babai Biswas was one of the

seven accused persons in the Lock- up. He had talked to Babai Biswas who did not

complain of any illness. He was hale and hearty. Constable Bishnu Ranjan Das (42)

who was attached to the Thakurpukur Police Station on 8/9/04/97 stated 37 that he was

the first sentry duty on April 09, 2003 and at the material time ( 8 am-10 am) an

accused named Babai Biswas was in the Lock- up and no accused person was taken out

of the hazat ( Lock-up) when he was on duty.

Dr. Sutanu Sarkar (38) son of Nakul Chandra Sarkar of 34 /G Banerjeepara

Lane who was stated to have examined the accused Babai Bis was said that he was an

MBBS (Cal) and examined Babai Biswas at around l am on 9/04/97 who was brought

to him by the Inspector-in-charge Thakurpukur P .S and Sub-inspector Amrita Kumar

Majumdar. Babai Biswas complained of abdominal pain and he was given medicine for

the illness. At the time of examination he had noticed a lengthy injury mark on his left

hand.

267

38 Constable 1001 Kesto Ghosh (45) made a very startling revelation. He

stated that he had not gone to Court with aced. Babai Biswas on 9/4/97 . On the

evening of 9/4/97 a Command Certificate with the direction to escort Babai Biswas

was issued to him( Kesto Ghosh) and Head Constable 1551 Samsul Islam. Initially

they had declined to receive the Command Certificate but at the insistence and threats

of the Sub·· inspector, Amrita Kumar Majumdar and Inspector-in-charge Dibyendu

Banerjee they had to take the Command Certificate but at no point of time they

escorted Ba bai Bis was to the court. It is interesting to note that the Police officers

responsible for killing Babai Biswas had wanted to build up a story and show that

Babai was forwarded to the court along with constable Kesto Ghosh and Head

constable Samsul Islam for production before the Magistrate . It is necessary to note

that whenever a constable is assigned any outside duty issuing a Command Certificate

is a must. In this case also the same rule was followed but with a diabolical design - the

design to cover up the custodial death of Babai . A Command Certificate had , 39 therefore, to be manufactured. Head Constable 1551 Samsul Islam (47) also

confirmed the position. He also added that the accused had died in the office of the Dy.

SP (Town) Jadavpur.

Samir Manda!, driver of Police Jeep No 6062 had also stated 40 that Dibyendu

Banerjee, IC Thakurpuku and Sub-inspector Amrita Kumar Majumder directed him to

change the contents of the Card Diary of the Jeep and change the entries and show that

the jeep was carrying Babai Bis was to MR Bangur Hospital through Jada vpur PS and

he was forced to do it although Babai was not carried in his jeep at all. The statement

of Amal Narayan Biswas ( he is already dead ) son of Labanya Biswas and father of

Babai Biswas is important. Equally important is the statement of Smt. Abha Biswas

wife of Amal Narayan Biswas and mother of Babai Bis was . Smt. Bis was stated 41

that

her son Babai Biswas went out from home on 8/4/97 around 1.30 PM along with his

friends. When Babai did not return home even after his normal hour of return , she had

become anxious. She stated further that on 9/04/97 an officer of the Jada vpur Police

Station and a constable had come to their residence and asked her to sign a blank paper

but she did not oblige them. She could come to know from her husband who had also

seen the paper that Babai had met with an accident and was admitted in the M.R.

Bangur Hospital in a critical condition. At this , she had rushed to the hospital

In a Writ Petition submitted to the Supreme Court of India on 23/04/97 Shri

Amal Narayan Biswas father ofBabai Biswas wrote:

"Debashish Biswas or Babai Biswas (aged 22 years ) as he was popularly

known was my only son. Very unfortunately he got himself into bad association for

which not only himself but also my family had to suffer immensely. No amount of

268

persuasion on my part could deter him from associating himself with those elements.

Once the Police arrested him and I told the Police that I would do nothing for his

release because the law should take its own course. On 8/04/97 Babai along with his

friends were engaged in chatting in a field in Karunamoyee 5 No. Colony under the

jurisdiction of Thakurpukur PS. At the time of arrest he had no injury and no disease.

Suddenly , at about 22.00 hours a big Police force led by Sub-inspector Amrita !al

Majumdar of Thakurpukur PS attached to Keorapukur Outpost came to the place and

arrested Babai Biswas . After the arrest , Babai was brought to Keorapukur Outpost

where he was mercilessly beaten up by SI Amritalal Majumdar. On 09/04/97 he was

taken to Jada vpur P .S under the instruction from the Dy. SP (Town) Shri Abhijit

Sengupta . There Babai Biswas was again beaten inhumanly and his whole body bore

black marks. His testicles were smashed and his whole body had marks of cigarette

burns. Sir, from 08/04/97 , the day he was arrested till death on 9/04/97 I and my

family had no information about Babai Biswas. Sir , I am writing this to you with a

very heavy heart. I can not imagine how in a democratic society the purveyers of law

can beat a boy on bail to death leaving for him no chance for getting justice. Sir , this is

my earnest appeal to you that , although my son is no more in this world yet you may

kindly show your concern in bringing to book all concerned policemen and teach them

such a befitting lesson no Policeman in future will dare to adopt such heinous unfair

means to throttle the basic right of all human beings -the right to life." 42

The West Bengal Human Rights Commission gave a detailed account of the

incident of custodial violence on and the resultant death of Babai Bis was in its Annual

report for 1997-98. It transpired from the report that even the Superintendent of Police,

South 24 Parganas had furnished false information to the Commission with the clear

intention t.o mislead it. The following information supplied to the Commission by the

Superintendent of Police would substantiate this assertion.

'<aJ Babai Biswas died due to injuries he received before he was arrested by police.

'<aJ Babai Biswas was not assaulted by anybody so long he was in police custody.

'<aJ Babai died of cardio respiratory failure, i.e. natural causes.

In a report to the Commission , the District Magistrate also endorsed the Police

version of the case .This was a unique instance of failure of the civil administration to

protect the civil rights of a citizen . On the basis of data collected and empirical

experience I aver that as head of the criminal administration of the district, the District

Magistrate failed to discharge his statutory obligations. The report of the WBHRC

further observed that Smt. Ava Biswas, the mother of Babai Biswas , stated that her son

was beaten by the police mercilessly first at Keorapukur Out Post and later at Jadavpur

Police Station by Shri Abhijit Sen Gupta, D.S.P. (Town) and that she was put under

269

great pressures by the police to sign a statement to the effect that her son had died a

natural death.The Police claimed that Babai had criminal background and they had

arrested him when he was engaged in a fight with his rival group. They also claimed

that they had seized an improvised revolver from the vicinity of the place where the

fight took place. This was one of the important components of the entire evidence that

the Police had manufactured to frame Babai. In its report the Human Rights

Commission made the following observations . These observations amply prove that

the Police had acted with a sinister motive from the very beginning to subvert the

process of law.

~ ... the police version of the facts and circumstances, under which Babai Bis was was

arrested from Banerjee Para on the night of 8th April, 1997 has not been

established. Apart from the statements of some of the interested policemen there

was no credible evidence: that the police had arrested Babai Biswas when they

approach of the police and that Babai fell down into a roadside drain.

~ Dr. Sutanu Sarkar ... had medically examined Babai Biswas and found his blood

pressure and pulse to be normal...Babai had an injury on his left arm. .. The general

condition of Babai was normal and good and his injury appeared to have been

caused, not by fall into ground. Dr. Sarkar did not notice any sign indicating that

the patient was likely to die within 12/13 hours.

~ At the time of the Post-mortem there were as many as twenty-two external injuries

and also seven extensive internal injuries on the right chest, large intestine, liver,

intestinal coil, left and right kidney. One litre of blood was found in the abdominal

cavity .... it was improbable that a man with so many grievous injuries would have

remained alive for 42/48 hours after he received them and that he appeared to be

hale and hearty to all who had seen him up to the time he was taken out of

Thakurpukur P .S. lock-up.

Babai Biswas was arrested by the police with one injury only. He died with

twenty-nine injuries as revealed from the Post-mortem report. From the time of

arrest till his death he was all along in police custody. Therefore, there is no escape

from the conclusion that the said injuries, which eventually caused his death, were

inflicted during his police custody and the custodians of the accused, either jointly

or severally were responsible for the crime.

°'<D There was ample evidence that when Babai Biswas was brought to Thakurpukur

Police Station and was placed in the lock-up, he was fit and except an abrasion on

his left forearm no other injury was noticed by any one. The police constables, who

had performed sentry duties outside Thakurpukur lock-up on the 8th/9th April,

270

1997, found Babai Biswas to be hale and hearty. S.I. Abani Bala himself also did

not notice any other injury on the body ofBabai Biswas.

The following observation of the Commission also confirms that the police can go

to any length to cover up their crime :

~ According to the evidence of several policemen. Babai Biswas was hale

and hearty while he was lodged in the lock-up of Thakurpukur P .S. No

constable from Thakurpukur P .S. did escort duty for taking Babai to

Jadavpur P.S. where the office of the D.S.P. (Town) was situated for

obtaining his recommendation on remand prayer to court. The police

officers also said that police force from outside Thakurpukur P .S. never

performed escort duty for prisoners ofThakurpukur P.S.

~ On 28th May, 1997, Dr. Subodh Chandra Tudu admitted that ... the

D.S.P. (Town), Jadavpur, whose name he did not know, had approached

Dr. Ghosh and put pressure on him ... Therefore, he had succumbed to the

pressure and had acted in the manner he was instructed to.

Two officers brought D.M.O. Dr. Sunil Ghosh to the Emergency. Dr.

Sunil Ghosh put pressure upon Dr. Subodh Tudu in the presence of D.S.P.

(Town), Jada vpur. Accordingly, Dr. Tudu issued death certificate

presumably out of fear. Under direction of the LC., Jadavpur, he had to

write that S.I. A Majumdar had brought Babai Biswas to the Emergency.

~ Dr. Subodh Tudu who had joined only three months ago probably

could not resist the pressure exercised by Dr. Sunil Ghosh, DMO of the

hospital at the instance of the policemen present. We do not however

approve of the conduct of Dr. Subodh Chandra Tudu and GDA Prabir

Monda!. They were not truthful when they first time made their statements

in the investigation proceeding.

°"'' The police had attempted to pass off Babai Biswas's death as a natural one

resulting from cardio respiratory failure. Therefore, it was not unexpected

that pressure would be brought to bear upon Dr. Subodh Tudu to give a

certificate that the death of Babai Biswas due to natural causes. It is also

quite probable that such pressure was exerted at the instance of the police

who were vitally interested in obtaining the death certificate in the said

form".

As regards role of the Executive Magistrate , the Commission was equally

caustic in its comment. It noted :

271

"We disapprove the conduct of Shri Govinda Chandra Saha, Executive

Magistrate, Alipore who prepared the inquest report on the body of Babai Biswas at

about 11 p.m. on 9th April, 1997. He himself had admitted in course of his statement

that except on this occasion, he had never held any inquest at night. He had also

admitted that he had "few talks" with the Dy.SP (Town) before he had entered the

morgue of M.R Bangur Hospital. In his report Shri Saha had only noted the abrasion

on the left forearm and did not record any other injury on the body. It is difficult to

accept that Shri Saha had bona fide overlooked the other injuries on the dead body of

Babai. This omission on his part was most probably deliberate. "

So far as Police-Magistracy nexus in the cover-up attempt of the custodial

death of Babai Biswas is concerned , the following observation of the WBHRC speaks

volumes:

... the D.S.P. (Town) was one of the members of the police party which had

accompanied the body of Babai Biswas to the Emergency of the hospital .... D.S.P.

(Town), Shri Abhijit Sengupta., was practically present throughout in the said hospital

and the Executive Magistrate, Shri Saha, before holding any inquest, had talks with

Shri Sengupta.How the Police also had tried to influence the investigation of the

incident of custodial death of Babai by the WBHRC and how the guilty police officers

had also tried to coerce the investigating officer into submission will be evident from

the following observation:

"During investigation the investigating police officer of the Commission had

received anonymous threats over the telephone ... "

TI1e Commission finally observed:

Defence appears to have been prepared by the police presumably to deflect

its involvement and to demonstrate that Babai Biswas was a criminal and he died

because of the injuries that he was carrying over his person before his arrest .... the

responsibilities for the custodial violence on Babai Biswas is ascribable, inter alia, to

two offic[als, namely - (i) Sub-Inspector, AK Majumdar of Keorapukur out-post

(Investigating Officer of this case) and (ii) Shri Dibyendu Banerjee, I.C., Thakurpukur

P.S .... TI1e custodial violence on a 22-year old Babai Biswas leading eventually to his

death was a gross violation of his human rights."

The Commission accordingly made a set of recommendations 43 viz.

prosecution of Sub-Inspector Shri AK Majumdar and Inspector-in-charge Shri

Dibyendu Banerjee for custodial death of Babai Biswas , an interim compensation of

Rs. 50,000/- (Rupees fifty thousand) to the mother of the deceased Babai Bis was and

272

communication of displeasure of the Commission to Dr. Sunil Kumar Ghosh, the

Medical Officer, M.R. Bangur Hospital, Shri Govinda Chandra Saha, the Executive

Magistrate and Shri D.K. Gangopadhyay, the then Additional Superintendent of Police

(Indt.), South 24-Parganas, for their unprofessional conduct unbecoming of public

servant.

The facts and circumstances of the case established conclusively that the police

had manufactured evidence to subvert the process of law. It was further revealed that it

was an age-old practice and constituted a part of police subculture44 irrespective of the

colour of the Government. The report of the West Bengal Human Rights Commission

also confirmed the position.

In the light of the recommendations and observations it is necessary to take

stock of the Government action.45 It is also necessary to note in this connection that the

Division Bench of Hon'ble Mr. Justice AS.Anand and Hon'ble Mr. Justice Rajendra

Babu of the Supreme Court of India directed the State Government on 06/04/98 that

"the Home Secretary , State of West Bengal, is directed to file an affidavit within two

weeks indicating the follow up action taken by the State on the recommendations of the

West Bengal Human Rights Commission in the matter of custodial death of Babai

Biswas. It shall also be disclosed in the affidavit as to whether the officials identified

by the Human rights Commission to be involved in the crime have been placed under

suspension or not and what action has been initiated against them. " 46

During the study it also revealed that an Affidavit in connection with the

Petition (Original) No. 285 of 1997 in the matter of Amal Narayan Biswas versus State

of West Bengal and Others, was filed by the State Government which confirmed

payment of interim compensation of Rs. 50,000/- (Rupees fifty thousand) to Smt. Aha

Biswas and communication of displeasure of the Commission to all concerned. 47

In this case the concern of the judiciary to defend the fundamental rights of the

citizens '1. 8 was very pronounced. The Division Bench of the Supreme Court

comprising the Hon'ble Chief Justice of India, Hon'ble Mr. Justice R.C.Lahoti and

Hon'ble ~Ir. Justice Shivraj V.Patil in its order dated 22111/2000 noted:

" ... the question of payment of damage or compensation may have to be determined

by the trial court at the conclusion of trial but there are some other fundamental issues

which touch upon human rights and particularly, with regard to torture while in custody

and in our opinion , it is the quality of conduct committed by concerned officials upon

which attention have to be focussed as a relevant factor for a ward of exemplary

damages by the trial court in the event conviction is recorded. It is not merely the harm

273

suffered by the parties , which is in issue , the question of damages has a direct

relationship with society's condemnation of the behaviour of the culprit. : "49

The Court also directed the Chief secretary to the Government of West Bengal

as well as the Home Secretary to appear before the Court on 15th. November 2002 and

tell the Court as to what action has been taken against the errant DSP who has been

facing criminal trial under section 201 IPC." 50

The custodial death of Babai Biswas showed that he had suffered in life

because he had bad associates 51 ; it was a kind of sickness he had fallen in ; he lived in

a Refugee Colony-the colony of the East Bengal refugees who had to migrate 52

to this

part of Bengal following the partition of India. He had little education and developed

criminal propensities for which he can not be held solely responsible. Causes are rooted

d l . l . 53 eep y m t 1e society.

In death, he proved that people of his clan become the canon fodder for the

establishment- the establishment that protects only the interests of the haves and the

ideological commitment of the Government is of little value. Had it been not so , the

Police, magistracy, and the medical community would have played a different role. The

role of the Judiciary, particularly of the Apex Court, is fairly appreciable in so far as its

directives to bring the offenders to book are concerned. The action of the West Bengal

Human Rights Commission also clearly shows its concern for protection of the

democratic rights of the people. The Government action is basically confined to the

implementation of the recommendations of the WBHRC. It has hardly taken any strong

and determined initiative to create an ambience where people can enjoy the charms of

freedom 54

- the freedom to live a life where his civil liberties are religiously protected

by the administration as its duty and obligation originating from its concern for the

rights and not from the charter of dos and donots specified by the Government. Babai

Biswas' death is a pointer to the Government's failure to defend the cause which it is

constitutionally bound to defend .It proved the failure of the Government to defend the

rule of law and initiate action against the guilty in best tradition of good governance.

This also raises a big question in regard to the Government's role as an institution 55

and its commitment to the people as a political entity. 56 It is distressing to note that

the Government initiatives to contain the abridgement of the civil and human rights of

people and rein the high handedness of the Police leave much to be desired.The

Government is not also is not forthright and sincere in arresting the nexus of the Police

with the antisocial elements. The police maintain relationship with the antisocial

elements less for any professional reasons than in their own interests - the interests that

have nothing to do with either the general interests of the society or the individual

274

interests of the citizens. Had the Government demonstrated even some degree of

firmness, incidents of similar nature could easily have been averted.

Case No. 4: Laloo Mollah

The story of Laloo Mollah, an undertrial prisoner, is quite different.He has

emerged as a hardened criminal for a variety of reasons chief among them being

custodial torture in the Police Lock-up of Narkeldanga Police Station .

Laloo Mollah @ Ajizul Mollah( 47) was born to an agricultural family in the

Ausgram Police Station area of Burdwan. When he was only six-month old he lost his

father. This resulted in terrible difficulties for his family. He came to Burdwan with

his mother His mother reared him very affectionately but it was very difficult for her to

arrange provisions for a decent living and education. She used to live in a shanty near

the Burdwan Railway Station almost half-starved , used to collect coal from the

railway tracks and sell them to the people living around. Laloo did not have the

opportunity to visit school. He had developed bad association. In the process , he came

in contact with Nepaliya operating in Burdwan Rail Station area in 1975. He was a

dreaded snatcher and could kill any one with effortless ease. One morning in August

1974 he snatched a gold necklace and was running helter skelter to evade public chase;

he threw the necklace in the vegetables' basket of Laloo. Laloo took it home and kept

it hidden for 45 days when Nepaliya came to him and demanded the necklace. Laloo

handed it over to him. Nepaliya also paid him the price for his honesty; he ( Laloo) got

Rs. 300 from Nepali ya. The very receipt of this money kindled in him the desire to earn

more money and live a lavish life.

Laloo developed good relations with Nepaliya and he used to frequent him. Very

often he used to give him money also. Nepaliya thereby provoked Laloo to come to his

profession- the profession of snatching and robbery. Laloo fell prey to the traps of

Nepaliya and started criminal career.57 He joined Nepaliya's gang and started the life of

a professional snatcher .58

Nepaliya was shot dead by Police during an operation in 1975 October. After

Nepaliya's death Laloo took over the leadership of the gang Nepaliya had left behind

and started committing highway robberies and bus dacoities across the state. He also

set up another establishment in between Ultadanga and Narkeldanga.Laloo had also

developed a good arsenal with arms of different shapes, sizes and varieties.

In an August night in 1997 the gang committed a highway dacoity and looted

over Rs.2 lakh from a petrol pump. The same night the gang looted a few truck drivers

275

near Bally Bridge carrying cash on their way to Asansol. Laloo's gang also

masterminded the Peyala Mandir Dacoity in Durgapur and decamped with gold

jewelleries worth several lakhs rupees as well as cash. As a share of the booty he got

five tollas of gold jewellery and Rs. 30,0 00. It was in October 1997.The next major

crime his gang had committed was a bus dacoity on September 01, 1998 at Santgachia.

At 12 midnight a tourist bus was looted and his gang got Rs. 1, 70, 000 !- in the

operation.

La loo was first arrested by Narkeldanga Police in June 1979 and was beaten

mercilessly for several days in the Police Lock-up both by officers and men. They

wanted to extract confession from Laloo as to the commission of crimes in different

places. They wanted him to disclose the names of his associates so that Police could

arrest all of them and solve the pending cases .The police was extremely ruthless .

They pierced a nail inside his genital organ and kept him standing on ice slab for

several hours keeping both his hands tied from behind. Unable to bear the barbaric

torture he disclosed the names of his associates and confessed the crimes his gang had

masterminded. On the basis of his confession two of his accomplices-Tochai Seikh and

Mantu Seikh- were arrested.

Laloo was produced before the Magistrate after one week's illegal detention in

the Thana Lock-up of Ultadanga. He was taken in Remand for ten days for further

interrogatj1on. He was lodged in the Alipur Central Jail for two months . He was

released on bail but was rearrested by Narkeldanga Police again in January 1980 for his

alleged involvement in a dacoity case. So far , Laloo had to spend in jail for more than

four years in phases. He has been booked in more than twenty criminal cases but

sixteen of them were the ones where he had no involvement at all. Each time he was

arrested he was kept in the Lock-up for 10/12 days at a stretch without production to

the Magistrate. And each time he was arrested he was booked in cases he had not

committed. He has been arrested twelve ( 12 ) times so far. The last time he was

arrested was on December 12 , 2003 . He is now on bail. Police has now been using

him as a source. Now being aged he has not been committing serious crimes. Besides,

most of the gang members have become old and are physically incapable of

participating in crime. Moreover, they are now mentally very weak to take risk.

Now , Laloo is a pickpocket and operates all alone. His area of operations is

Manicktala, Dharmatala, Rajabazar , B.K.Pal Avenue and Central Avenue. As a Police

source whenever Police officers call him he attends the Police Station and helps the

Police in detecting crimes. Police also helps him getting away with his criminal

activities in their own interest.

Laloo is a veteran- short but well built, very fast and speedy.His eyes are

piercing and inscrutable. A professional criminal with tremendous sense of

276

possessiveness. He has no regrets for being a criminal. He feels that he might not have

become a criminal only if the Police during their first encounter had engaged him in

some work and let him off after some admonition. But they did not allow him to

reform, rather utilized him for their narrow interests. He has become a criminal largely

because of the Police atrocities and torture 59 and the provocations of the criminals he

had met in the jail 60. As already stated , each time Laloo was arrested he was kept in

the Lock-up illegally and booked in false cases. This had developed in him a kind of

revulsion against the system .They also used to torture him physically and mentally.

During his illegal confinement in the Thana Lock-up his wife Noor had to go through

harrowing and agonising experiences. The family was financially ruined. On the one

hand, she had to arrange provisions for her livelihood and visit the advocate for the

release of her husband and on the other, fight the Ione battle of withstanding societal

vengeance. The battle for survival was extremely painful. She had also to bear with

the advances of her neighbours and the accomplices of her husband besides the Police

constables who frequent the area on Patrol.Noor J ahan is a pretty woman with

fascinating look and dark eyes. Very frequently , Police used to pick up Noor and send

her to the superior Police officers for their entertainment . She had to entertain the

police officers in the Kolkata Hotels to secure the early release of her husband. La loo

was tormented within and vowed to take revenge on the society that had done him the

injustice he did not deserve. He was forced to become a criminal . The Police had

ravaged his wife. So why would he spare the society ? His stay inside the jail had also

provided him excellent opportunities to come in contact with veterans. He learnt new

techniques of crimes and put them to practice whenever opportunity came.

Not only did the Police violate the human rights of Laloo - the rights to live a

decent healthy life but the jail warders violated his rights with equal ferocity . He had

to spend days in the jail half-starved as an undertrial prisoner. Whenever he had been to

jail he had to work as a helper to the washerman but he did get little wages. In jail he

was given only 25 gm muri ( Fried rice ) in the morning as breakfast. In the lunch he

got Rice, dal, curry and in the dinner only 4 (Four) chapatis with some vegetables. 25

gm chicken and 25 gm fish once in a week were also allotted. Tea was served twice a

day. The picture does not tally with the Diet Chart of the Government in the

Department of Correctional Homes (Jails) West Bengal 61

and the one depicted in

other officiial documents .62 As regards other minimum human requirements, these

were hardly met. Two (2) blankets were given during summer and three (3) during

winter. For an extra blanket one is required to pay bribe to the jail officials.

Though the criminals lodged in the jail behaved cordially with the new comers,

no visitor was allowed to see his relative in the prison unless a minimum amount of Rs.

20/- was paid to the gatekeeper as bribe. Noor , Laloo's wife, had also to pay it - a tax

277

imposed by the corrupt prison officials transgressing her human rights and violating the

Government order also.

Laloo was brought up in abject poverty and rejected by the society with the

result that he eventually grew a rebellious child.

Today Laloo lives in a squalid condition with his wife and children. It's an

ideal environ for a criminal to grow and become veteran. It is a degrading situation

where extreme poverty and population explosion pose major problems. Here in the

Canal East Colony live around 1700 families and in each family there are seven/eight

children and 80% of the people have two wives, 5% three wives. Not more than 5%

people are literate. People live on crimes, van and rickshaw pulling, vegetable selling ,

hawking in trains and crimes. Depriving people of their right to live healthy lives by

itself consltitutes a violation of human rights. Laloo, still an undertrial prisoner on bail,

had suffered in the Police Lock-up ; his rights were violated in the prison; his family

was shattered; his wife had become the object of sexual pleasure of police officers, of

his criminal associates and the victim of sexual advances of his neighbours. He suffers

from other deprivations and unfreedoms in his social life. How can he shape his own

destiny with so many fetters encircling him? Committing crimes - small or big - is the

only option. The custodial violence he had suffered in the Narkeldanga Police Station

created the wheel of fire which Laloo is still clogged in .

Case No. 5 Sanjukta Basu Roy alias Bulbul alias Saira alia Shehnawaz

Nls. Sanjukta Basuroy born in P-37 , Bank Gardens , P.S. Regent Park ,

Kolkata -700070 is a smart , convent educated young girl with affluent and respectable

background. She had no reason to be in the world of crimes but for the lust and lure

which Muqtar had driven her to.When she entered the world of modeling she came in

contact with a criminal gang led by Md. Muqtar. As a budding model she had

developed affinity to Muqtar for his artistic designing. The apparels Muqtar tailored for

Sanjukta on one occasion were so exclusive that it helped Sanjukta make her mark in

the world of modeling in Kolkata.It earned her good fortune, too. She was passionately

infatuated to Muqtar who is married and a father of six children. Muqtar took full

advantage of the situation and his greed for more and more money drove him to take to

underwor:ld activities and Sanjukta, a very beautiful young girl of only 21 fell easy prey

to Muqtar. She participated in a number of operations in Kolkata as a member of

Muqtar's gang. The dacoity in the house of Shri Kalyan Kumar Bosu , 57 Harish

Mukherjee Road , Kolkata was meticulously planned and executed with enviable

278

perfection on February 23 , 2001. It was a blend of intellect and professional acumen.

Sanjukta was arrested on February 23 itself as the victim of the dacoity, Kalyan Kumar

Bosu, could identify her.He was no other a person than her own maternal grandfather.

Sanjukta was kept in the Lalbazar Central Police Lock-up for three days without any

formal arrest. During her illegal confinement in the Lalbazar Central Lock-up, she was

subjected to intense mental and physical torture. She was denied food in the Lock-up

and the policemen threatened her that if she didn't name her accomplices she would be

ravaged. The grueling interrogation for three consecutive days and pressures in the

Police custody forced her to name her accomplices that led to the arrest of the other

gang members. Ms. Sanjukta is now lodged in the Presidency jail, Kolkata. Here she

keeps herself confined in her cell and uses choicest epithets against the Police. Booked

in Bhabani1pur Police Station Case No. 507 dated 23-02-2001 under sections 395/397

IPC she is awaiting trial.

This is a unique case in the history of Kolkata Police where a pretty young girl of

an affluent family took to crimes simply for lust of money. It is important to note that

the Police didn't comply with the guidelines of the Supreme court of India while she

was kept in the Central Police Lock-up in Lalbazar. Denial of minimum food required

for having the minimum intake of calorie (2400) also amounted to violation of her

human rights. She was not permitted to consult any lawyer during her confinement

which is an infringement of her fundamental right and was in violation of the

guidelines framed by the Supreme Court.

Case No. 6 : Giasuddin alias Raja

Giasuddin @ Raja son of Late Md. Ilias (25) , No.6 Goli , MM Ali Road , Police

Station: Ekbalpur, Kolkata -7000 23 was not born as a criminal but the surroundings he

lived in drove him to become a drug addict. He has no formal education.His father

was a worker in the Calcutta Dock Labour Board and financially not well off to give

proper education to his son and meet the bare necessities of the family. This

deprivation also created in him a sense of rebellion against the society. His

acquaintances were not good. Since his early childhood he had developed friendship

with the local antisocial elements but he himself did not commit any crime initially. It

was the Police that drove him to the criminal world. He was falsely implicated in a

theft case and mercilessly beaten in the Thana Lock-up.On the first occasion he was

booked by the West Port Police Station under section 68 of the Calcutta Police Act

1866 in January 2000. His only fault was that he refused to pay money to the Dakbabu

(Policeman in charge of collecting illegal money from the underground operators and

over ground criminals and antisocials) of the local Thana. Since he had bad

acquaintances, Police found in him an easy prey. He had to spend in jail for seven days

where he came in contact with some budding criminals. They tempted him to take to

279

crimes because he would have no other alternative after release from the jail. They told

him that Police would continue to chase him all throughout. So, it was better that he

joined them and began his criminal career. One month after his release from the jail the

local police again picked him up and booked him in a theft case - the crime he had not

committed .. In the Lock-up , the constables of the dak party ( The gang of policemen

responsible for collecting money illegally from the deviants) beat him black and blue

and forced him to confess the crime he had not committed. He was again sent to jail

where he had stayed for two months. He was greeted by his old acquaintances in the

jail. They jeered at him. He could not bear with this insult and vowed to avenge the

society. the police and those responsible for his sufferings. After release eventually he

started the career of a snatcher and extortionist. He commits crime single-handedly and

always targets taxi drivers. Boarding a taxi, he directs the taxi driver for some

destination but in the midway snatches his money by using force and decamps with the

booty. Raja is so professional a criminal that he can terrorize the Police even when he

is in Police Lock-up. He hides blades inside his mouth and uses them to submit the

Police to his demands which include arrangement for puriya ( drug) inside the Lock­

up. He even goes to the extent of pasting all over his body with his own excreta so that

Police can not touch him. He is again in Alipur Central Correctional Home in

connection with West Port Police Station Case No 55 dated 16-04-2003 under sections

3791114 IPC and facing trial. Raja considers the jail to be university for the criminals.

He feels that he can not do justice to the society because it is this society which does

give nothing to the poor but only deprivation and indignation. Society does not deserve

anything from him.

It is the Police that has made him a criminal. Initially, he was not a criminal. He

speaks of Police torture and demeaning treatment in the Thana Lock-up.He could

surely have reformed had the Police only treated him humanely and honoured his

dignity.

Case No. 7: Debojyoti and others

It is a general perception of the public that the police protect the interests of

the wealthy and the affluent. While most of the undertrial prisoners involved in crimes

against property and other petty offences belong to the economically and socially

disadvantaged sections of the society and are, as matter of practice, subjected to cruel

and inhuman treatment in the custody. Kolkata Police zealously guard the interests of

the rich and privileged. And in such cases , they are guided by extraneous

considerations. This case is one of the few examples where Kolkata Police defend the

indefensible and subvert the process of Jaw .

280

Satyajit Bannerjee , Officer-in-charge, Kareya Police Station and Sub-inspector

Tushar Kanti Saha arrested Debojyoti Roy , Haribrata Roy and Chandan Saha on the

complaint of Sharad Nangia, a cellophane trader in connection with Kareya PS case

No. 239 dated November 19, 1999. The complaint was that the three persons had

kidnapped him from his Nirmal Chandra Road office . The Police officers were well

acquainted with Nangia who influenced them to arrest Debojyoti and his friends . The

motive was to teach them a lesson by utilising his police connections in order to settle

his personal score. The Police officers obliged even though the alleged place of

occurrence case did not fall under their jurisdiction. Debojyoti and his two friends were

mercilessly beaten up in the Police Lock-up. Debojyoti was also forced by the Police to

drink the urine of Shri Sarad Nangia in the Police van. At the time of arrest police

officers also physically assaulted Debojyoti and his friends.They were forwarded to the

court which released them on bail. Subsequently, the WBHRC made a thorough

enquiry into the incident and came to the conclusion that the Police had acted on a false

complaint.

In this connection the following observations of the West Bengal Human

Rights Commission are worth mentioning.

~ Under the law , preparation for committing an offence does not constitute an

offence itself , except in the case of preparation for committing dacoity.

Accordingly , the preparation for committing an offence of kidnapping does not

constitute an offence itself. Kareya Police had no jurisdiction to register the FIR for

the offence of kidnapping as the actual kidnapping took place outside its territorial

jurisdiction .

=ao It appears that OC Kareya P .S not only registered the FIR but also jumped into

action with exuberance. This particular aspect of the case betrays an unholy

alliance between Shri Nangia and the OC and other Police officers ofKareya PS.

~ Debojyoti at the instance of his father got him (self) examined by the Surgeon

Superintendent of SSKM Hospital . Dr. Krishna Laskar , EMO who found marks

of injury on the person of Debojyoti and in her opinion those were caused by blunt

and hard substance . Xerox copy of the Register from Hospital shows that

Hridibrata and Chandan also received injuries . There is no case of encounter with

the Police or scuffling with the arresting police party at the time of arrest . Then the

question remains how the injuries on the person of Debojyoti and his friends were

caused. There is no escape from the conclusion that those injuries were caused

during their stay in police custody and it could not be caused then by any third

party. It is conclusive that those injuries were caused by the police personnel and

the torture was so brutal that Debojyoti after his release on bail made an attempt to

commit suicide for the shock and humiliation he suffered at the hands of the police.

281

The Commission also observed , "Nangia influenced police officers at Kareya

Police Station and in collusion with them arrested three innocent young men who were

rightly discharged by the judicial authority. The role played by the police in this case is

outright inhuman in nature and unbecoming of Police Officers of an independent 63 country".

It is also a pertinent question why the Police took the illegal step of arresting

these three young men and what animus did Nangia have against them . It came to

light that Rs. 50. 000 were due to one Shri Saraswati from Shri Nangia. Shri Nangia

was dillydallying to clear up that dues. Saraswati disclosed it to these young men , who

out of youthful exuberance , intervened and tried to pressurise Shri Nangia to pay the

amount . Nangia got infuriated at this and wanted to teach them a lesson and utilised

his clout with the police in falsely implicating them in the case. Police had no reason to

extend help to this illegal act of Nangia but for extraneous consideration.

The West Bengal Human Rights Commission recommended stringent action

against the guilty police officers of the Kareya Police Station. It also recommended

compensmion for the victims of custodial violence and prosecution of Shri Sarad

Nangia u/s 211 IPC.

Case No. 8: Shri Manabesh Ghosal

New Alipur Police picked up Shri Manabesh Ghosal of Baruipur Rail gate, PS

.Baruipur, Dist. South 24 Parganas at the dead hours of night (l.30 am) of 5.5.99 on

the plea that they were required to interrogate him in connection with New Alipur PS

Case No. 108/99 u/s 381 IPC . He was kept confined in the Police Station till 7 am on

the next morning ( 6.5.99) . The Police inflicted on him immense psychological torture

by keeping him confined in the PS without any valid reason. Shri Ghosal was unduly

harassed and his human rights were violated by the Police.

The West Bengal Human Rights Commission took cognizance of the case and

noted that bringing of Shri Manabesh Ghosal by New Alipur Police on the night of

May 4/5 , 1999 to the Police Station was improper , irregular and unauthorised and

recommended action against the guilty Police officers. Shri Subrata Ghosh ,Inspector­

in-charge of New Alipur Police Station and Dipankar Sengupta, Additional OC of the

Police Station were responsible for the highhandedness were reprimanded and the

victim compensated for the harassment he had undergone.

282

Case No. 9: Safiqul Islam

Safiqul Islam was an undertrial prisoner in the Dumdum Central Correctional

Home .On the night of 14/15th. March 1997 the undertrial prisoner was sleeping inside

Ward No. 217, known as Amdani (New entrant; literally meaning new accused person

coming to the jail) Ward. when a ward mate Anwar Seikh called him to go to his bed.

On his refusal to do so Anwar Seikh threatened him with dire consequences and

forcibly dragged him to his bed. Safiqul Islam was offered a bottle of liquor to take but

he refused it. Anwar Seikh then gulped the liquor down to his throat. He was also given

a banana laced with drug which he initially refused to take but was forced to take

subsequently. He had become senseless thereafter. The convict Anwar Seikh , then

.forcibly laid Safiqul Islam on his bed under the mosquito net and committed sodomy

on him twice in the night at the interval of half an hour . He sustained severe injuries in

his rectum.

The incident was reported by Safiqul Islam to the Head Warder Hare Krishna

Das and the Superintendent of the Jail. The Jail authority, instead of arranging his

medical treatment. isolated him in a solitary cell on that day. On 16-03-97 morning

Safiqul was removed to jail hospital for treatment where Dr. Chandra Sekhar Bannerjee

examined him and prescribed medicines including Tetanus Toxide injection. But ,

surprisingly the attending physician did not record the history of the patient in the

prisoner's ticket though Safiqul Islam narrated the entire story to him.

The incident bears adequate testimony to the wanton violations of human

rights of the undertrial prisoners inside the jails.

The West Bengal Human Rights Commission conducted an enquiry into the

incident and made the following observations. 64

~) During investigation of the case a number of jail inmates came forward

voluntarily ... and did complain that this type of incident was occurring

inside the jail fairly often and the convicts who were close to the jail staff

could do such things with total impunity. They also mentioned about

strong financial nexus between the convicts and the jail staff.

~J The Commission feels quite concerned at the sordid goings-on behind the

invisibility of jail walls. That a 17-year old minor undertrial prisoner could

be victimised in such a brutal manner in presence of eye witnesses and in

close proximity to other inmates without any murmur of protest or

resistance is something too brutish and brutal to believe.

283

Case No. 10 Bharat Kiwat alias Bharta

Bharat Kiwat @ Bharta ( 25) son of Fitu Kiwat of Sonai Jainpur P.S. West Port ,

Kolkata has gained notoriety for his rising criminal career both as an extortionist and a

thief. Son of a dock labour and residing in the slum he had no scope for enjoying the

finer things in life. He did not also have the opportunity to enjoy the parental love since

his childhood days. His father abandoned his mother who remarried immediately

thereafter. As a result. Bharta was ignored altogether. The shock he received after the

remarriage of his mother had a damaging effect on his mind. He could never forget it

and wanted to take revenge against the society. But , he did not take to crimes initially.

It was the Police that brought him in the criminal world. The Police picked him up in

December 1999 on charge of committing theft of some goods from the stranded trucks

in the port area. But . Bharat did not actually commit the theft. Police needed arrest

because they had to solve the case by any means. They got in Bharat an easy target

because he was loitering around the place of occurrence with some of his friends.

Bharta actually went there to see what had happened there. Bharta pleaded with the

Police that he was not involved in the crime and asked them to let him off but it went

unheeded. They took him to Thana and kept him for seven days without any entry. Nor

was he given any arrest memo as required under law. During his illegal detention in the

Thana Lock-up he was beaten mercilessly and given electric shock to confess the crime

which he had not committed. The police constables tied his hands and feet and pushed

one ruler through the tied hands and feet, placed him between two tables and hit on the

sole of his feet for several hours almost without any break. He had to bear with such

excruciating police torture inside the Lock-up for a week. When he was forwarded to

the Court he could not even stand but he did not complain of the torture to the

Magistrate Jest he was inflicted more physical torture. Bharta was remanded to the

Police custody for ten days. During these ten days in the custody he came in contact

with other local criminals - Putla (24) . Munna(23) Rama Yadav( 25), Md.

Mehboob @ Gorka ( 22), Muqtaq (24). Najrul Islam (25), Asgar (24), Sontosh (24),

Chandravan (250. Md. Rahio (27), Akhtar (27) Sarban (25) and Ashok Naskar (24) .

They were also beaten in the Lock-up. Subsequently, he was lodged in the Alipur

Central Correctional Home. He was confined in the Correctional Home for one month.

After coming out of the Correctional Home he got in touch with the criminals he had

come in contact with in the jail and Thana Lock-up. Thus he embraced a criminal

career- the career he had chosen is largely due to the police torture in the custody.

Moreover. the police implicated him in false cases so that he received the stamp of

criminal permanently. According to the West Port Police , Bharat is responsible for

many crimes in the West Port Police station area and is now lodged in the Alipur

Central Correctional Home in connection with West Port Police Station case nos. 46

284

dated 23.03.2000 u/s 25/27 Arms act, 159 dated 12-12-2000 u/s 307/34 IPC and 83

dated 06-07-2002 u/s 21 NDPS Act.

REFERENCES

West Bengal Human Rights Commission, Annual Report 2000-2001, (Kolkata:

Calcutta University Press) p.2

2 The practice of obtaining signatures or thumb impressions of the accused is

highly objectionable and is condemned by the Supreme Court. Narsiah and

Others. AIR 1959 and Pra 313 : 1959 Cr.LI 689, para 10 . This decision

followed Narayan Rao Vs. State of Andhra Pradesh, AIR, 1957 SC 737 : 1958

SCR 283

3 Chief Metropolitan Magistrate. Judicial Records containing the Court

Proceedings on the trial of Archana Guha Runu Guha Niyogi Vs. Ranjit Guha

N.s~ogy @ Runu Guha Neogy & Sontosh Dey. Case No. C- 3285 of 1977 (

Kolkata : 1999 )

4 ibid.

5 "Judgement of the Supreme Court of India in the Kartar Singh Vs. State of

Punjab " ( 1994 SCC (Cri) 899 )

7 Chief Metropolitan Magistrate , Kolkata , QP..cit.

8 "Judgement of the Supreme Court of India in the matter of Niranjan Singh and

another Vs. Prabhakar Rajaram Kharote and Others", (1980 SCC CCri) 508) .

9 Chief Metropolitan Magistrate , Kolkata , QP. .cit .

IO "Judgement of the Supreme Court of India in Sunil Batra Vs. Delhi

Administration and Others". (1979 SCC CCri). 155)

11 Chief Metropolitan Magistrate . QP.. cit .

12 ibid.

285

13 "Judgement of the Supreme Court oflndia in the matter of State of Uttar

Pradesh Vs. Ramsagar Yada v and Others" C 1985 SCC (Cri) 134, para 20 )

14 Royal Danish Consulate, Kolkata , " Correspondences between Shri AK.Dutta

and Danish Consulate in Kolkata" , ( Kolkata : 2000)

15 Chief Metropolitan Magistrate , .Qll.Cit.

I 6 Sunanda San ya I, " ARCHANA CASE: COMMON MAN VINDICATED"

Kolkata, The Statesman, June 19,1996

17 ibi.d,_Kolkata, The Telegraph, Kolkata , June 6, 1996

18 O.P.Rana , " With apologies to Shakespeare" , Kolkata , The Statesman ,

F e:bruary 17, 1997 ; Ra jashri Dasgupta, " Cry freedom", Outlook, June 1996.

19 Primary evidence: "Interview of Abdullah Kazi" while in the custody of the

Detective Department ofKolkata Police on 27-11-2003.

20 " Judgement of the Supreme Court of India in the matter of D.K.Basu Vs. State

of West Bengal and others with Ashok Kumar Johri Vs. State of Uttar Pradesh"

1997 1 SCC 416;" Niranjan Singh and another Vs. Prabhakar Rajaram Kharote

and Others" ( 1980 SCC (Cri) 508)

21 Government of West Bengal, File of the Home (P&AR) Department containing

correspondences between the Government and the District Magistrate , South

24 Parganas.

22 West Bengal Human Rights Commission , Annual Report , 1997-98 , ( Kolkata

: SaraswatyPress) pp. 166-184.

23 " News item," The Ananda Bazar Patrika dated 10.4.1997; Akashbangla TV

Channel, Programme on the custodial death ofBabai Biswas ( Kolkata: 2002)

24 Supreme Court of India , Orders 6/4/98 , New Delhi

25 CID West Bengal , Case Records containing Post Mortem Report on the Dead

Body of Babai Biswas , (Kolkata : 1997 )

286

26 Government of West Bengal, Thakurpukur PS , South 24 Parganas FIR Book ,

1998.

27 Government of West Bengal, Thakurpukur PS , South 24 Parganas, Charge

Sheet Book of Thakurpukur Police Station.Names of the accused : Inspector

Dibyendu Bannerjee son of Gourpada Bannerjee of K-4 Tollygunge Police

Housing Estate , P .S Jada vpur, Kolkata-32. , Sub-inspector Amrita Kumar

Majumdar s/o late Ramani Majumdar of Flat No. NIA 4 Jadavpur Police

Housing Estate, P .S.J ada vpur, Kolkata-32, Shri Avijit Sengupta ( the then Dy.

SP, Town, Jada vpur, s/o of J iban Chandra Sengupta, G/B/5 Jada vpur Police

Housing Estate ( at present Addi.SP ,Bankura) ,Dr. Subodh Chandra Tudu, s/o

late Ramesh Chandra Tudu of Khorinjhoren P .S.Ranibundh,Dt : Bankura ( at

present attached to MR Bangur Hospital, House Staff), Shri Sunil Kumar Ghosh

slo late Sindhu Kumar Ghosh of Sahapur Govt. Housing Estate, Qtr. No. 6, P.S

: Behala , Kolkata -28, Shri Gobinda Chandra Saha, at present Executive

Magistrate, Alipur Collectorate , South 24 Parganas.,Sub-inspector Benu Das

s/o late Nalini Ranjan Das , Quarter No. 4 , Baranagar Police Housing estate P .S

Baranagar, North 24 Parganas( at present attached to J adavpur Police Station)

28 Government of West Bengal, Thakurpukur PS , South 24 Parganas, UD Case

Register,

29 CID, West Bengal, Q12. cit.

30 Government of West Bengal, Thakurpukur PS , South 24 Parganas . Case Diary

of Thakurpukur PS Case No. 95 dated 16/311998 u/s 304/34 IPC

31 ibil.Q.

32 ibi.Q..

33 CID ,West Bengal , Q12. cit.

34 Ibi.Q.

35 ibid.

36 Primary evidence through interaction with Constable No. 2967 Pradip Singh

( 42) son of late Jagannath Singh of Balestina. PO: Dandpur, Dist : Saran of

Bihar

287

37 CID, West Bengal, QP.. cit.

38 Primary evidence through interaction with Constable No.1001 Kesto Ghosh (45

son of Lalit Mohan Ghosh of Nonapara, North Barasat, Dist: North 24

Parganas

39 Primary evidence through interaction with the Head Constable No. 1551

Samsul Islam ofLabpur. Birbhum

40 Primary evidence through interaction with Samir Manda!, driver of Police Jeep

No 6062

41 CID , West Bengal, QJ2. cit.; interaction with Smt. Ava Biswas MIO Babai

Bis was in course of field study.

42 Government of West Bengal , Home ( Police ) Department , File on custodial

deaths.

43 West Bengal Human Rights Commission , Annual Report 1997-98, ( Kolkata

: Saraswaty Press Ltd. ) pp. 166-184.

44 S .Venugopal Rao, Facets of Crime in India , ( Bombay, Allied Publishers,

1962.)

45 Government of West Bengal, Home (Police) Department, QP.. cit.

46 ibid.

47 ibid.

48 Supreme Court Of India , " Judgement of the Supreme Court of India in the

matter of State of Madhya Pradesh Vs. Shyamsundar Trivedi and Others" [

(1995) 4. SCC 262 ] . The Apex Court, appalled by the spate of custodial

vrnlence observed: " The Courts must not lose sight of the fact that death in

Police custody is perhaps one of the worst kind of crimes in a civilised society .

Torture in custody flouts the basis rights of the citizens recognised by the Indian

Constitution and is an affront to human dignity. Police excesses and

maltreatment of detainees /undertrial prisoners or suspects tarnishes the image

of any civilised nation and encourages the men in khaki to consider themselves

to be above the law and law unto themselves. Unless stern measures are taken to

check the malady , the foundations of the Criminal Justice Delivery System

would be shaken and the civilisation itself would risk the consequence of

288

heading towards perishing . The Courts must, therefore, deal with such cases in

a realistic manner and with the sensitivity which they deserve , otherwise the

common man may lose faith in the judiciary itself, which will be a sad day" .

49 Supreme Court of India, "Order in the matter of Amal Narayan Biswas versus

State of West Bengal and Others," Writ Petition (Original) No. 285 of 1997 )

50 ibid.

51 Edwin H. Sutherland & Donald R. Cressey, Principles of Criminology , Fifth

Edition, ( Chicago : J.B. Lippincott Co., 1955 ) ; Richard R. Corn and LLoyd

W. McCorkle, Criminology and Penology, ( New York Holt, Rinehart and

Winston Inc., 1963.)

52 Robert E. L. Faris, Social Disorganization, 2"ct ed. (New York: The Ronald

Press, 1955)

53 Manne! Lopez-Rey, Crime: An Analytical Appraisal , ( London Routledge: &

Kegan Paul Ltd ., 1970 )

54 Amartya Sen, Development as Freedom, (New Delhi: Oxford University Press,

2000); UNDP, Human Development Report 2002, (New Delhi, 2002)

55 Government of West Bengal, Home (Police) Department, Budget Speech of the

Home (Police) Minister. WB. 1999-2000. 2000-2001, 2001-2002. 2002-2003

56 Left Front Committee, West Bengal, Election Manifesto for the Assembly

Elections, Left Front Front, 1977, ( Kolkata 1977) ; Government of West

Bengal , Paschimbanga , Bishesh Sanskhya 15 July , l 977(West Bengal

,Special Issue, ) Government of West Bengal, Paschimbanga , Barn Front

Sarkarer Pratham Chhamas ,( West Bengal, First Six Months of Left Front

Government ) 26 January 1978

57 Emile Darkhem, The Rules of Sociological Method.ed. George E.G.Catlin ,

(Chicago: University of Chicago Press , 1938.)

58 Primary evidence : Interview with Sk.Laloo and his wife Noor J ahan

59 D.K Basu Vs. State of West Bengal with Asok K. Johari Vs. State of Uttar

Pradesh (1997) SCC , 416 : Torture has not been defined in the Constitution or

in other penal laws. Torture of a human being by another human being is

289

essentially an instrument to impose the will of the ' strong 'over the ' weak' by

suffering. The word Torture today has become synonymous with the darker side

of human civilization. "Torture is a wound in the soul so painful that sometimes

you can almost touch it, but it is also so intangible that there is no way to heal it.

Torture is anguish squeezing in your chest, cold as ice and heavy as a stone,

paralyzing as sleep and dark as abyss. Torture is despair and rage and hate. It is

a desire to kill and destroy including yourself." Adriana P. Bartow; Judgement

of the Supreme Court of India in the matter of Niranjan Singh and another Vs.

Prabhakar Rajaram Kharote and Others (1980 SCC (Cri) 508)

60 Jeffrey Archer , A Prison Diary: Volume II ,(London: Macmillan , 2003 ) , p.

108.

6 I Government of West Bengal, Department of Jails, Note on the Prisoners in

West Bengal Correctional Homes, their diet and wages in File No:

F/SW/CH/WB-2003-2004

62 Government of West Bengal , Information & Cultural Affairs Department West

Bengal: 25 Years of Stability and Progress, 2002, ( Kolkata: Basumati , 2002 ) ,

pp. 48-49.

63 West Bengal Human Rights Commission, Annual Report 2000-200 l,

Kolkata: Basurnati), pp. 187-193.

64 West Bengal Human Rights Commission, Annual Report , 1997-98 ( Kolkata :

Saraswaty Press Ltd. ) pp. 110-112

290