Police constables run lower judiciary in West Bengal

Complete collapse of rule of law; Judicial arrogance; Ineptitude; Custodial torture 

Suggested letter:

Dear ______________,

Re: INDIA: Police constables run lower judiciary in West Bengal

Name of the victims: 
1. Mr. Vijay Kumar Jaiswal, 24, son of the late Uma Shankar Jaiswal
2. Mr Md. Siraj, 15, son of the late Md. Hanim, residing at 5-Chingritala within the jurisdiction of Belgharia
Alleged perpetrators: 
1. Mr Ashis Dutta, Assistant Sub Inspector
2. Mr Sekhar Basu, Inspector of police
3. Mr Nemai Babu, driver (Police Constable)
4. Mr Sankar Babu, Police Constable
All attached to Khardah police station, 24 Parganas (North) District, West Bengal, India5. The Additional Chief Judicial Magistrate, Barrackpore 24 North Parganas, West Bengal, India
Date and time of incident:  14 December 2005 at about 2.30 at K S Path and continuously thereon at Khardah Police Station

I am writing to you to express my concern about the state of affairs in the lower judiciary in West Bengal. I am informed that the Additional Chief Judicial Magistrate of Barrackpore, West Bengal allows police constables to write judicial orders. The negligent and ignorant judicial officers who permit police constables to write up judicial orders literally allows the police in West Bengal to flout the law and still enjoy absolute impunity.

I am informed that in the case of Mr. Vijay Kumar Jaiswal and Md. Siraj, the accused in Khardah Police Station Case number 303 dated 4 December 2005 registered under sections 461 and 379 of the Indian Penal Code, that although the accused were arrested on December 14 and 5 respectively, they were produced in court with documents with false dates which is a clear violation of law. Also the documents obtained from the court clearly shows that the magistrate was fully aware of what was happening at the police station but did not want to intervene. I am informed that the copy of the order obtained from the court also reveals that it was in fact prepared by a police constable stationed at the General Records Office.

It is ironic that although the D K Basu case lead to the reform of the Criminal Procedure in the country, this reform has remained on paper only with no difference having been made for the ordinary people in West Bengal. It is shocking to learn that the judiciary, a place where the ordinary person seeks justice, paves the way for such blatant violation of the law. It is equally worrisome to know that the higher judiciary of the state and the country as a whole is unaware of what is happening at the lower courts within which the higher judiciary has administrative and disciplinary control.

I therefore urge you to immediately intervene in this matter and take urgent action so that the functioning of the presiding officers at the lower judiciary in West Bengal, particularly that of the Additional Chief Judicial Magistrate, is inquired into. I also urge you to take appropriate actions against the erring officer to prevent him from helping the police toviolate the law further.

I also urge you to take appropriate action to ensure that the conduct of the police officers connected with the arrest of the victims in this case are inquired into and if found guilty duly punished in accordance with the law. At the same time, the victims must be awarded compensation for the undue stress they have been subjected to and the irregularities in their arrest. I also urge you to pressure the Government of India to ratify the International Convention against Torture and to devise domestic legislation toimplement the Convention in the country.

Yours sincerely,

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PLEASE SEND A LETTER TO:

1. Justice Mr Y K Sabharwal
The Chief Justice of India
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: 91 11 23383792