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Attack upon fundamental right to belief and religious practices

 

 Names of the victims: Mr. Nazrul Islam Gazi; son of Late Surat Ali Gazi of village- Purba Para of Paschim Joynagar under Aturia Gram Panchayet of Block- Baduria, under Police Station- Baduria of District - 24 Parganas (north), (2) Esar Ali Mollah; son of Late Manu Mollah, (3) Mannan Mollah; son of Mr. Esar Ali Mollah and (4) Abdar Ali Mollah; son of Late Kurman Mollah, all residents of address mentioned earlier

 Case Detail:

 Mr. Nazrul Islam Gazi and other above mentioned persons are residents of the said village and economically marginalized as all of them listed in BPL and accused of a criminal case vide MP 1745/01, under sections 147/341/ 323/379/506/109/ 120B of Indian Penal Code. The complaint was lodged before the Basirhat Court by the complainant regarding land related disputes between the accused and the complainants. Regarding this case a warrant of arrest has been issued by the court.

 On 16.10.2009 at about 9.30 a.m. the said persons started for Basirhat court from Babu Rasta by boarding a Hasnabad bound public bus with registration number WB25B 7171. While the bus reached at the said place of incident; Katiahat- Belghoria More, the said perpetrators led by Sub Inspector, Ashok Ghosh, intercepted the bus at about 9.45 a.m. and asked all of them to get down and started pulling them by holding their collars and waist belts. Though the arrestees pleaded before the said SI, that they were on the way to the court to make bail application after surrendering themselves, and have no intention to flee. But police personnel continued their highhandedness, and after arresting them, the police personnel handcuffed and roped all the arrestees, which was an utter violation of directive given by the Supreme Court in Prem Shankar Shukla vs Delhi Administration (AIR 1980 SC 1535) that in normal circumstances nobody should be roped on waist of a person and handcuffed, and here it was evidently clear that the circumstances was normal as the persons were in their way to the court to surrender themselves before the court.

 The persons were arrested without preparing any memo of arrest as prescribed and mandatory for any arrest at the very time and place of the arrest according to the D.K. Basu guidelines related to arrest (AIR 1997 SC 610).

 The police personnel of respective Police Station / outpost, who made the arrest not even, inform the relatives or families about the arrest. The violation and sufferings was not ends here, while Mr. Amirul Islam; brother of an accused, Nazrul Islam Gazi, called the Baduria police station to know about the arrest and proceedings thereafter, the attending police personal not only denied to inform the facts but also asked him to come to the police station to get those information.

 Mr. Amirul Islam made a written complaint before the Circle Inspector, Swarupnagar, Basirhat, 24 Parganas (North) on 21.10.09 and informed him about the whole incident.

 It was only a depiction of corruption by the police stations and personnel engaged with these and manifestation of gross malpractices by police personnel in cases of arrests and other procedures should be maintained afterwards.

 The arrestees even denied their fundamental right to belief and religious practices of their own, as while they informed the arresting personnel that the day was a Friday and they want to perform Namaj, the police restricted them to do so and said that it is not possible and they have to be in the police station as soon as possible.

 The persons arrested were wandering around the Basirhat Hospital by the arresting party to get the medical examination report and at that time even they were handcuffed; and a number of persons who personally known to them curious abut the event; which was an infringement to their privacy and self respect, which has been guaranteed in our Constitution.

 
 
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