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Illegal detention and arrest of civil society fact-finding team: Sandeshkhali, West Bengal Police

https://indianexpress.com/article/cities/kolkata/on-way-to-sandeshkhali-independent-fact-finding-panel-members-arrested-9180824/

On 25 February 2024, an “independent fact-finding” team had gone to conduct a spot enquiry for alleged human rights violations in Sandeshkhali in Bengal. However, at about 11 AM on February 25, the members of the team were detained by the police officials of West Bengal at Bhojerhat 70 km away from Sandeshkhali.  They were then taken to the Lal bazaar thana where they were arrested and later released. 

The six 6 member fact-finding team [FFT] was led by former Chief Justice of Patna High Court Justice Mr. L Narasimha Reddy, a former IPS officer, Mr.  Raj Pal Singh, a former member of the -National Commission for Women, Ms. Charu Wali Khanna, Advocate O. P. Vyas and former Joint Registrar of the NHRC Mr. O. P. Vyas, Advocate Ms. Bhavna Bajaj, Consultant of the -NHRC and NCPCR, and senior journalist Sanjeev Nayak. According to the members of the fact-finding team, the exercise was organised by the organisation, “Lawyers For Justice”.

The members of the FFT team were arrested under section 151 of IPC, and taken to the police HQ at Lal Bazar and later released. The members of the FFT fact finding have accused the police officials of manhandling them and that their conduct was "improper and unbecoming of law enforcement officials". 

The Deputy Commissioner (Bhangar Division) said to the media that " We were requesting them [panel members] to not cross from here [Bhojerhat in West Bengal's South 24 Parganas district], but they were trying to break the police barricade unlawfully. So, we had to arrest them under Section 144 CrPC."

HRDA strongly believes arresting members of a fact finding team investigating a human rights violation is an act of reprisal against their activism and denial of the fundamental right to assembly and express their opinion.   . 

We HRDA urgently appeal to you to exercise Section 12 (a) of the Protection of Human Rights (Amendment) Act, 2019, and take suo moto cognizance of this incident and initiate an independent inquiry through NHRC’s investigation wing and uphold the right of human rights defenders to assembly and express. . 

It is pertinent to point out that this Hon’ble Commission had on 21st February resolved through its press note that a spot inquiry into the same incident would take place and it is only since the same had not been undertaken, that this independent FFT had to undertake this mission. May this incident once again remind the Hon’ble Commission   that its voice is strongly raised whenever such rights to association, assembly and expression. This what the Commission is mandated by several resolutions of the Global Alliance of National Human Rights Institutions [GANHRI] and the Asia Pacific Forum of NHRIs [APF]. It is such suo moto urgent actions that will demonstrate the Hon’ble Commission’s true independence and effectiveness and its being truly Paris Principles complaint.

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