"Kirity Roy" (via indiaresists Mailing List)
2018-08-06 13:19:24 UTC
6 August 2018
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi-110023
*Ref.:- NHRC Case no.123/25/15/2017*
*The complaint dated 05.01.2017 lodged by the complainant Kirity Roy*
*An open letter of protest against the decision of the Commission*
Respected Sir,
I being the complainant in connection with the above referred case beg to
submit this open letter of protest against the decision of the Commission.
I in my complaint dated 05.01.2017 with the fact finding submitted that the
victim woman was subjected to torture in her own residence by the
perpetrator police personnel of Swarupnagar Police Station.
The Commission recently through its email informed me that the Commission
issued directions in the said case. Accordingly I searched the Commissionâs
website to get information about the detail of the directions. But I became
shocked when I came to know that the Commission closed the case by
accepting the unchallenged police report dated 27.04.2018 of the SP,
Basirhat Police District and the police report dated 20.01.2018 of the
Sub-Divisional Police Officer, Basirhat.
The Commission did not send the copy of the aforesaid police reports to me
thereby completely denied me an opportunity to place my comments on the
police reports. The Commission considered the police reports as sacrosanct
and failed to appreciate that such unchallenged police report may be biased
and concocted where the victim was subjected to torture by the perpetrator
police personnel as mentioned in my complaint.
The Commission miserably failed to deliver justice in the present case by
accepting the unchallenged police reports. The Commission arbitrarily
stanched my right being the complainant in the present case to know the
contents of the police reports and also denied my right to make
submission/comments on the police report to rebut its contents, if
necessary.
Therefore the Commission took a halfhearted decision in this case most
probably in haste to count the number of disposal of cases to its credit. I
was denied of a fair proceeding in the present case by the Commission and
the Commission by doing so disrespected the principles of natural justice.
The victims of human rights violations expect proper disposal of their
cases based on merit. They do not expect an express disposal of their cases
where the victims and the complainants remained unheard.
I hope that the Commission would record my protest against the decision of
the Commission taken in the present case. I would request you to recall
your decision and dispose of the present case in appropriate manner by
considering my concerns submitted above.
I further request the Commission to reopen the case, send me the copy of
the police reports and give me an opportunity to place my comments on the
police reports so that the present case may be disposed in a fair process
upholding the rule of law and the principles of natural justice.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
Mobile (0) 9903099699
e. mail : ***@gmail.com
Web: www.masum.org.in
Disclaimer:The information in this email is confidential and may be
legally priviledged. It is intended solely for the addressee. Access
to this email by anyone else is unauthorised.If you are not the
intended recipient, disclosure,copying,distribution or any action
taken or omitted to be taken in reliance on it,it is prohibited and
may be unlawful.In such case,you should destrioy this message and
kindle notify ***@gmail.com by reply email.
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi-110023
*Ref.:- NHRC Case no.123/25/15/2017*
*The complaint dated 05.01.2017 lodged by the complainant Kirity Roy*
*An open letter of protest against the decision of the Commission*
Respected Sir,
I being the complainant in connection with the above referred case beg to
submit this open letter of protest against the decision of the Commission.
I in my complaint dated 05.01.2017 with the fact finding submitted that the
victim woman was subjected to torture in her own residence by the
perpetrator police personnel of Swarupnagar Police Station.
The Commission recently through its email informed me that the Commission
issued directions in the said case. Accordingly I searched the Commissionâs
website to get information about the detail of the directions. But I became
shocked when I came to know that the Commission closed the case by
accepting the unchallenged police report dated 27.04.2018 of the SP,
Basirhat Police District and the police report dated 20.01.2018 of the
Sub-Divisional Police Officer, Basirhat.
The Commission did not send the copy of the aforesaid police reports to me
thereby completely denied me an opportunity to place my comments on the
police reports. The Commission considered the police reports as sacrosanct
and failed to appreciate that such unchallenged police report may be biased
and concocted where the victim was subjected to torture by the perpetrator
police personnel as mentioned in my complaint.
The Commission miserably failed to deliver justice in the present case by
accepting the unchallenged police reports. The Commission arbitrarily
stanched my right being the complainant in the present case to know the
contents of the police reports and also denied my right to make
submission/comments on the police report to rebut its contents, if
necessary.
Therefore the Commission took a halfhearted decision in this case most
probably in haste to count the number of disposal of cases to its credit. I
was denied of a fair proceeding in the present case by the Commission and
the Commission by doing so disrespected the principles of natural justice.
The victims of human rights violations expect proper disposal of their
cases based on merit. They do not expect an express disposal of their cases
where the victims and the complainants remained unheard.
I hope that the Commission would record my protest against the decision of
the Commission taken in the present case. I would request you to recall
your decision and dispose of the present case in appropriate manner by
considering my concerns submitted above.
I further request the Commission to reopen the case, send me the copy of
the police reports and give me an opportunity to place my comments on the
police reports so that the present case may be disposed in a fair process
upholding the rule of law and the principles of natural justice.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
Mobile (0) 9903099699
e. mail : ***@gmail.com
Web: www.masum.org.in
Disclaimer:The information in this email is confidential and may be
legally priviledged. It is intended solely for the addressee. Access
to this email by anyone else is unauthorised.If you are not the
intended recipient, disclosure,copying,distribution or any action
taken or omitted to be taken in reliance on it,it is prohibited and
may be unlawful.In such case,you should destrioy this message and
kindle notify ***@gmail.com by reply email.