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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. |