It is revealed during our fact
finding that Mr. Mridul Roy, an auto driver was returning home at around 11
PM on 17 April 2010. While he was purchasing some babyfood for his 03 years
old son at Nimtala More (under jurisdiction of Behrampore PS), two brothers
Kajal and Anil (perpetrator no. 4&5) along with few accomplices aggressed
Mr. Mridul Roy quite unpretentiously. Kajal Das, in a toxicated condition
started abusing Mridul Roy with filthy words. As Mr. Mridul protested and
pushed him, the drunken Mr. Kajal fall down. Immediately after that, all the
accomplices of Mr. Kajal attacked the victim. In an attempt of self-defence,
Mr. Mridul picked up a piece of wood from roadside and hit Mr. Kajal Das.
Mr. Kajal Das suffered injury on his head and fetched six stitches (though
the complainant mentioned 14 stitches in his compliant).
Subsequently, Mr. Anil Das reported the matter to nearest police outpost at
Nimtala. The in-charge of the said police outpost along with his personnel
came to the place of occurrence and took Mr. Mridul Roy into their custody
at around 11:30 PM on 17-04-2010. While doing so, they abused and thrashed
the victim left and right without even bothering to enquire the sequential
facts and also advised Mr. Anil Das to lodge a formal written complaint.
It is mentioned in the First Information Report (FIR) of Behrampore PS that
a complaint was received on 18-04-2010 at 11:35 AM and started a case (No.
247/10 dated 18-04-2010 under sections 325/308 of Indian Penal Code).
Subsequently, Mr. Mridul was produced in the Behrampore Chief Judicial
Magistrate’s court only on 19 April 2010, i.e. after two days of arrest,
which is a complete violation of Article 22 of The Constitution of India. As
we contacted Nimtala police outpost on 25-04-2010, Constable Mr. D Haldar
and Constable Mr. Narayan Nandi the latter confirmed, “Mr. Tinkari Das,
Assistant Sub-Inspector, in-charge of Nimtala police outpost arrested Mr.
Mridul Roy on 17-04-2010 at around 11 PM. As he informed the Behrampore PS,
they took him under their custody.” However, a ‘Memo of Arrest’ was not
issued at the time of arrest by the police. In addition to the same,
multiple violations of DK Basu Guidelines by the police personnel have been
detected in the subsequent episodes too.
On 18 April 2010, Ms. Sumi Roy, wife of Mr. Mridul Roy along with some
relatives went to the Behrampore PS to meet Mr. Mridul. As the victim was
suddenly arrested on 17th April night and they hardly had any knowledge of
details of the incident, it was a matter of sheer apprehension for them to
know the factual details and arrange necessary legal support accordingly.
Sumi Roy stated, “My niece and I went to the Behrampore PS to meet my
husband. However, despite their repeated requests, the police personnel
never allowed us to meet my husband, then detained at Behrampore PS lock-up.
Next day, i.e. on 19 April 2010, while we tried to meet him again at the
court lock-up, the on-duty personnel at the court lock-up asked for bribe.
It is only after paying Rs.40 that I could talk to him. Then he informed me
that he was tortured physically and mentally while in police custody and was
not provided food even.”
Devoid of all the rights of victim’s family to meet a victim and provide
appropriate legal support, they somehow arranged a lawyer to defend his case
and appealed for bail. However, due to serious charges framed against him,
bail was not granted without even producing him physically in the court room
during the proceedings. Later, they were informed by their advocate that the
Investigating Officer (IO) of the said case, Mr. Abhijit Bose Mallick,
Sub-Inspector of Behrampore PS asked Rs.6000 in order to reconstruct the
case in a comparatively diluted manner so that Mr. Mridul would be able to
get bail. It came as a blow out of the water to the poverty-stricken family.