India: community-based defenders arbitrarily arrested on false charges
Event- Country
- India
- Initial Date
- Apr 24, 2022
- Event Description
About the Human Rights Defenders: Mr. Tipu Sultan and Mr. Arka Goswami are activists residing in Bolpur in Birbhum district of West Bengal. They have participated in numerous struggles in the past 5-6 years highlighting instances of human rights violations and injustice, including cases of malnutrition, suicide and the rape and murder of minor girls from marginalised communities in the area.
Background of the incident: On January 27, 2022, an FIR (4/2022) was registered at the Barikul Police Station in Bankura district against Mr. Shiba Prasad alias Shibu Murmu, Mr. Mangal alias Daktar Hansda, Mr. Sabyasachi Goswami alias Kishore and other unnamed accused. The complainant in the case Sub Inspector Mr. Satyajit Mahanty claimed he and other police officers had busted a Maoist plot to attack the police and nabbed two alleged Maoists from the spot with incriminating material, while the remaining managed to flee. The accused were charged under Sections 148, 149, 120B (criminal conspiracy), 121 (waging war against the state), 121A (conspiracy to commit offences punishable by section 121), 122 (collecting men, arms, ammunition to wage war), 123 (concealing with intent to facilitate design to wage war), 124A (sedition) of the Indian Penal Code. It is important to note that neither Mr. Tipu Sultan nor Mr. Arka Goswami were named as accused in the case, nor were they questioned by police regarding their involvement in the said incident in the ensuing three months. Details of the Incident: On April 24, 2022, at around 11.30 AM, Mr. Arka Goswami heard someone call out his name when was on his way to the fish market in the Jamboni area of Bolpur. Suddenly two persons in civil dress abducted him and forced him into a vehicle. They took him to a lodge somewhere in Bolpur and confiscated his mobile and wallet. Although they did not reveal their identity or tell him why he was detained, they forged a document claiming to have found Maoist posters on Mr. Goswami and got it signed by two others who were present at the lodge.
On April 24, at around 12.30 PM, around 6-7 persons in civil dress arrived in front of Mr. Tipu Sultan’s house in a police vehicle. They identified themselves as attached to the Barikul Police Station in Bankura, barged into Mr. Sultan’s house and dragged the HRD forcibly into the vehicle without providing any reason or explanation and without allowing him time or opportunity to put on a shirt, trousers or slippers. Police officials refused to show any arrest warrant to Mr. Sultan’s family members despite repeated requests, and took Mr. Sultan away to the same lodge where Mr. Goswami was detained. The duo were then taken onward to the Barikul Police Station where they were kept overnight. Mr. Goswami and Mr. Sultan’s family members visited the Santiniketan and Bolpur Police Stations immediately thereafter to inquire if the HRDs had been arrested and/ or detained, but they were not provided any information. At around 8 PM, the families were hand-delivered letters from Inspector in Charge of Bolpur Police Station Mr. Siladitya Saha claiming that the HRDs had been arrested from their homes in connection with FIR no 4/2022 of Barikul Police Station. The HRDs were produced at the court of ACJM Khatra on April 25, and have been in judicial custody at the Khatra sub jail since then. The jail authorities also did not allow them to meet their families despite the relaxation of COVID protocols by state and central governments. On occasions when they were produced at the Khatra court for hearing, they were kept in a lock-up like enclosure, with two walls standing 10 metres apart separating them from family members. Further, police claimed in court that the HRDs were found in possession of several Maoist posters and incriminating literature, but refused to share seizure lists or other documents with their lawyers and family members. Police has also not returned Mr. Goswami’s mobile phone and wallet which were confiscated from him during his detention.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment
- Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
Event shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Event Location
Latitude: 23.66286392327878
Longitude: 87.69862783940489
- Event Location
- Summary for Publications
On 24 April 2022, Mr. Tipu Sultan and Mr. Arka Goswami, community-based defenders, were apprehended by individuals in civil clothes, and arbitrarily arrested on false charges by the police in Bolpur, India.