Jiaul Mondal, Tirtharaj Trivedi, Alfred D’cruz, Rakesh Ali and Bablu Halder 

HRD

West Bengal

HRDA has issued an urgent appeal to the National Human Rights Commission of India on January 11, 2022 regarding the arbitrary detention, illegal arrest and custodial torture of HRDs under fabricated charges by the West Bengal Police.

On December 12, 2021, late night, 8-10 policemen entered the shop of Mr. Halder’s forcefully; searched the premises. They pushed and shoved Mr. Trivedi, Mr. D’cruz and Mr. Ali into the police vehicle and took them to Bakultala Police Station, where they were detained illegally for more than 36 hours. Police tortured the HRDs after the they reached the police station around midnight. For 2-3 hours, they questioned the HRDs repeatedly despite Mr. Trivedi and others answering questions to the best of their ability, police thrashed them with batons and kicked them repeatedly, leaving them in pain.

On December 13, policemen entered the house of Mr. Halder’s forcibly, conducted a search and seized some items, misbehaved and spoke abusively with family members who objected. They nabbed Mr. Halder and dragged him into the police vehicle waiting outside. Mr. Halder was taken to the Bakultala Police Station, where he was detained overnight along with Mr. Trivedi, Mr. D’cruz and Mr. Ali. 

On December 14, 2021, all four HRDs were administered a medical check-up and produced in the Baruipur Court, where they learned of the case against them (M case no 2807/2021, 2808/2021) under Section 108 of Code of Criminal Procedure. They were granted bail the same day against a bond of Rs 25,000 and submission of a land ownership deed each, but since the same could not be arranged at short notice, they were remanded in Baruipur jail overnight and released the next day.

On December 15, 2021, a police team raided senior SKEM activist Mr. Mondal’s house and arrested the HRD. They entered his house forcefully, conducted a search and seized some items and documents and Mr. Mondal was detained overnight. Mr. Mondal was produced in Baruipur Court on December 16, 2021, granted bail the same day subject to conditions (bail bond of Rs 25,000 and a land ownership deed), and released from Baruipur Jail the next day. From December 15 till December 17, 2021, around 2-3 policemen kept watch on Mr. Mondal’s house round the clock. 

All detentions and arrests were made in violation of DK Basu guidelines and these instances amount to a gross abuse of the HRDs’ fundamental right to life and personal liberty granted by Article 21 of the Indian Constitution as well as a complete violation of their human rights as guaranteed by national and international laws.