Police acted whimsically
MASUM conducted fact
finding over an incident where Master Abdul Ali Gazi, a minor boy of 15 years belonging to
minority community was forcibly apprehended on 3.3.2010 by police personnel
of Belghoria Police Station District-North 24 Parganas, West Bengal without
showing any reason to his mother; Ms. Sahida Bibi, who was present at the time of his arrest
but she was also made victim of humiliation and physical assault for urging
release of his minor son. All her cry to release her son went in deaf ear of
the perpetrator-police personnel of Belghoria Police Station and the victim
was detained in police lock up until he was released in the next morning
(4.3.2010). At the time of release he was handed over to his uncle but no
explanation was given by police for apprehension and detention of the victim
in police lock-up. The victim as well his family members was deprived of all
the protection under the provisions of The Juvenile Justice (Care &
Protection of Children) Act 2000. The incident exemplifies the scant respect
for the Act by the perpetrator-police.
The perpetrator-police personnel of Belghoria Police Station violated the
provisions of the Juvenile Justice (Care & Protection of Children) Act 2000
in following unresponsive attitude against the true spirit of the Act. You
will find that in this case the police purposefully violated the provisions
under Section 10 (Apprehension of juvenile in conflict with law); Section
11(control of custodian over juvenile); Section 13 and Section 12 (Bail of a
juvenile) of The Juvenile Justice (Care & Protection of Children) Act 2000.
The acts of the perpetrator-police personnel also amounts to violation of
the mandatory procedures to be followed in case of any arrest as pronounced
by the Apex Court in D.K. Basu Judgment(AIR 1997SC610). The perpetrators
also purposefully violated sections 41, 50A, 57 under the Criminal Procedure
Code.