Prejudiced Police Action and Subsequent Police Torture on Minor boys from Religious
Minority Community
Following events
were revealed during our fact finding. It was on 26-02-2010 at around 4 PM
Mr. Fajal Mondal, son of Late Yusuf Mondal and 12 accomplices trespassed
into the agricultural field of Mr. Abu Bakkar and his family with a bullock
cart. Consequently, a violent altercation took place between the two
families and Mr. Bakkar got injured. Then in the evening, Mr. Bakkar’s
family member, Mr. Hamidul Seikh went to the Jalangi Police Station (PS)
with a written complaint. But the police personnel of Jalangi PS refused to
acknowledge the complaint.
As the other party became aware of this initiative, they planned an act of
vengeance. Next morning, on 27-02-2010, Mr. Rajab Mollah, Mr. Fajal Mondal
and 11 other accomplices attacked Mr. Bakkar’s residence armed with sticks,
swords, firearms etc. However, in the same morning these assailants lodged a
complaint against seven members of Mr. Bakkar’s family at Jalangi PS
reportedly before the attack. It is alleged that both the family members got
injured in the violent incident. But, it was at around 9 AM that
Officer-in-Charge of Jalangi PS, Mr. Debashish Sarkar with his force arrived
at the place of occurrence and arrested (1) Mr. Abu Bakkar, (2) Abu Hassan,
(3) Abdus Salam, (4) Mr. Nur Selim (all three are sons of Mr. Abu Bakkar and
are examinees of current year Madhyamik (Xth Standard) board examination,
and (5) Ms. Selina Bibi. The lady was arrested in absence of any female
police person. It was revealed that a case was registered in Jalangi PS on
the abovementioned complaint by Mr. Fajal Mondal (Jalangi PS case No.
133/10, dated 27-02-2010, under sections 341/325/326/307/34 of Indian Penal
Code) only at 11.45 AM, i.e. after arresting those above-named persons. It
is to be noted that, while number of violent clashes took place between the
abovementioned two parties, and both the parties complained on the matter,
the Jalangi PS personnel acted in a prejudiced manner and arrested only Mr.
Bakkar’s family members, while completely refusing to acknowledge the other
party’s (Mr. Bakkar’s family’s) complaint. Moreover, Abu Hassan and Abdus
Salam are minors, which is evident from their examination admit card. But,
they were also taken into police custody alike other adult arrested persons
and police personnel showed them as adults in the police documents prepared,
which they forwarded to the regular court at the time of their production.
While arresting these people, no ‘Memo of Arrest’ was issued. Though family
members as well as neighbours urged repeatedly to spare the victims as they
were minors and board examinees, the policemen gave a damn. The minor
victims were also explicitly abused physically and mentally during the
arrest and throughout their detention in custody.
While these minor victims were produced in Chief Judicial Magistrate’s
court, Murshidabad on the next day, they were granted interim bail as they
were Madhyamik examinee. Till date the case is in vogue, whereas no
complaint was registered against Mr. Rajab Mollah and his allies in spite of
definite complaint of cognizable offences against them. Upon refusal of
Jalangi PS to accept the complaint, a written complaint depicting the whole
incidence was submitted to the Superintendent of Police, district –
Murshidabad on 03-03-2010 by Mr. Safiruddin Mondal, a family member of Mr.
Bakkar. However, till date no case is being registered against those
assailants.