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Mr. Justice A S Anand
Chairman
National Human Rights Commission
Sardar Patel Bhawan
Parliament Street
New Delhi-110001
Subject: Complaint
against torture and custodial death of Himangtosh Baraik,
24 years on 10 February 2003 at Alipurduar, Siliguri under
West Bengal.
Dear Justice Anand,
I am writing to
seek the intervention of National Human Rights Commission
against the torture and custodial death of Mr Himangtosh Baraik,
24 years on 10 February 2003 at Alipurduar, Siliguri under
West Bengal.
A Kolkata based
NGO, Manab Adhikar Suraksha Mancha (MASUM) informed Asian
Centre for Human Rights (ACHR) that Mr Baraik was a worker
Bhatkhoa Tea Estate, Jalpaiguri and local leader of the political
party R.S.P, a partner of the Left Front government in West
Bengal. Mr Baraik was earlier accused of a rifle snatching
a few months ago.
MASUM further
informed that police raided Mr Baraik's house in January 2003.
As he was not present at that time, his brother Bishu Barik
was arrested and women members of his family were allegedly
assaulted. Mr Baraik then surrendered before the police on
1 February 2003. But, the police did not register the arrest.
He was shifted from Kalchini Police Station to Joynagar Police
Station and then Hansimara Out Post and was tortured throughout
the detention period.
And when he finally
succumbed to the torture on 10 February 2003, the police claimed
that he was arrested only on that day i.e. 10 February 2003.
I shall be grateful
if the NHRC could kindly intervene and take the following
measures:
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Direct the State government of West Bengal to suspend the
concerned police officers of Kalchini Police Station, Jaynagar
Police Station, Hansimara Out Post who were responsible for
the murder of Mr Himangtosh Baraik and file murder charges;
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Direct the State government of West Bengal to suspend the
concerned officers of Kalchini Police stations for willful
non-implementation of the mandatory directives as stipulated
in D.K.Basu judgment (AIR 1997 SC 610);
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Direct the State government of West Bengal to order an inquiry
by a Judicial Magistrate and not by an Executive Magistrate;
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Direct the State government of West Bengal to provide the
autopsy report that should have been conducted in full conformity
with the guidelines of the NHRC on custodial deaths/ rape
to the NHRC within two weeks;
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Direct the State government of West Bengal to pay interim
compensation of Rs 500,000 (five lakhs) to the victim's wife
and the same be recovered from the guilty police personnel;
and
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Take any other measures that the NHRC deems fit.
With kind regards,
Yours sincerely
Suhas Chakma
Director
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