D.K. Basu Guideline …Who cares?

Mr. Rafikul Islam, son of Mr. Safikul Islam of Basudebpur, post office- Chourari, under Deganga Police Station of 24 Parganas (North) aged about 40 years was living with his family. His monthly income was less than poverty line mark, though not having BPL card; common and usual in rural parts of West Bengal.

On 22.11.2009 at around 2.30 a.m. after midnight, a police party without any lady personnel raided the residence at the abovementioned address.  As alleged by the victim and his wife; Ms. Lal Bibi, during the raid the police personnel broke open the entrance door without any proper reason as the victim was not trying to abscond. During the incident police destroyed the belongings of the poor family. While Ms. Lal Bibi asked for the reason of arrest the police personnel, particularly the second officer of Deganga Police Station; Mr. Sasanka Mondal even threatened her, the police officer allegedly said that if you argue then I will lift you also.

Shamefully and in contradiction to all set procedure and guarantee, the victim was not produced before the magistrate till 24.11.2009 and he was falsely charged in Deganga PS Case number 350/09, under section 379 of Indian Penal Code dated 24.10.2009. During his police custody on 23.11.2009 the one police person threatened him by saying that ‘we have to cut you apart’. 

The production of the victim before the Chief Judicial Magistrate, Barasat was also happened after complaint made by victim’s wife to the Sub Divisional Police Officer, Barasat on 23. 11.2009. In her complaint she narrated about illegal arrest and detention.

It is also to be mentioned that the advocate appeared before the court of CJM, Barasat also submitted a written application wherein it was narrated that the accused person Mr. Rafikul Islam had been detained in Deganga police station from 22^nd November 2009.

As usual, the police had shown the arrest on 23.11.2009 at 1.35 p.m. from Deganga Bazar instead of real place and date of arrest by manufacturing the documents. On 24.11.2009 the victim’s signature was forcibly obtained on the Memo of Arrest but as alleged by the victim while he was arrested and brought to police station on 22.11.2009 night, police entered some information in General Dairy Entry register at the police station but he has no knowledge what was written all about.

The said second officer, Mr. Sasanka Mondal, Sub-Inspector, even asked the victim not to narrate the illegal detention before the court and said he was arrested on request of one Mr. Abbas Ali as the said person asked to arrest him and bashing during his detention in police custody. We came to know that Rafikul was falsely implicated in two different criminal cases.  Deganga PS case number 57 under sections 147/ 148/ 149/ 436/ 506 & Deganga PS Case No. 58 under sections 147/ 148/ 149/ 435/ 379/ 506 & 34 of Indian Penal Code; both the cases were registered on17.03.07. After that he was implicated in another criminal case in 2008 vide Deganga PS case number 179/08 under section 379/ 461 of Indian Penal Code.

It should be prerogative for all concern to uphold the spirit of Indian Constitution’s article 22, sub clause (2), where it has been mandatory to produce an arrestee before a magistrate within 24 hours from his/her arrest and Criminal Procedure Code’s section 57, where it has been clearly mentioned that nobody shall detained more than 24 hours in custody without being produced before any magistrate. It should be again a subject for guarantees given according to the section 76 of Criminal Procedure Code, where it has been made mandatory for a Person arrested to be brought before court without delay. As stated “The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person: provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court.