However, according to some witnesses from the locality, the real cause of Mr. Dipak Rakshit's death is brutal torture by perpetrators 1 to 12. The witnesses said that they saw the victim being taken by three or four persons amongst the 12 perpetrators on March 8. However, they are not willing to give their testimony to the police fearing their safety.

In fact, Mr. Dipak Rakshit and his family have received continuous threats from the perpetrators 1 to 12 since September last year. According to the family, these 12 perpetrators are in the same real estate business as the victim, in an area where a construction boom has recently occurred. They have attempted to intimidate and kill the victim several times since September last year in order to monopolize the huge amount of benefit from this construction boom.   

Attacks and threats on the victim and his family were of a notorious type such as house attack, arson, looting, dacoity, murder, bomb attacks, and the use of fire arms. (Date of attacks and threats: 1 September 2003, 7 September 2003 (twice), 8 September 2003, 10 September 2003, 21 September 2003, 25 September 2003, 3 October 2003 (twice), 8 October 2003, 12 Octorber 2003, 2 November 2003, 18 November 2003, 27 November 2003, 5 February 2004, 16 February 2004, 23 February 2004, 8 March 2004 (the day of the victim's murder), 5 July 2004, 6 July 2004 until now)

The family has lodged at least 19 written complaints to the South Bidhan Nagar Police Station about these continuous attacks and intimidation used against them, however, the police have done nothing, even though all these charges are non-bailable. While the other complaints were ignored by the police, only one case was registered upon the complaint of the victim's family but the accused people obtained bail from the court. The family alleged that police are reluctant to inquire into this matter because all the criminals involved provide bribes to the police regularly and they are patronized by the ruling political party (CPIM) of West Bengal State Government.

After the victim's death, the victim's family, in particular the mother and the elder sister, have been intimidated by the perpetrators several times who demand that they stop pursuing the complaints against them. The victim's family is now living in terror.


SUGGESTED ACTION
Please send a letter, fax or email to the relevant authorities expressing your concern regarding this matter.

Sample letter:

Dear ___________

Re: INDIA: Allegations of Police aiding criminals in relation to a man's death in West Bengal

Name of the victim: 1) Mr. Dipak Rakshit (murdered), 2) Mr. Dipak Rakshit's family (receiving various kinds of threats and attacks)
Address of the victim: 365 Naba Palli, Post Office Naodanga, South Bidhan Nagar Police Station, North 24 Parganas District, Kolkata-98
Date of the incident: 8 November 2004
Place of incident: Chingrihata, under the jurisdiction of South Bidan Nagar Police Station, West Bengal, India
Alleged perpetrators:
1) Rabi Hazra, son of Late Shyamapada Hazra of House No. 366 Naba Palli
2) Shambhu Mondal, son of Late Surjya Mondal (near Anna's shop)
3) Pradip Kumar Mondal, son of Late Jyotish Chandra Mondal of 179 Shanti Nagar
4) Rama Das, son of Late Deben Das of 23 no. Ward (near Sishu Udayan)
5) Sonai Mondal, son of Late Kenaram Mondal of house no 366, Nabapalli
6) Nidhiram Makal, son of Late Gano Makal of Ward no. 23 (behind Shishu Ratna School)
7) Dhepo Mondal, son of Late Kenaram Mondal of Plot No. D/1, 697 Sukanta Nagar
8) Subrata Adhikari alias Puchan, son of Late Jiten Adhikari of D/1, 719 Sukanta Nagar
9) Ramu Nandi, son of Krishnapada Nandi of Thakurthan, Naba Palli
10) Sujit Mondal, son of Late Jayanta Mondal of Shanti Nagar
11) Kartick Maakal, son of Paanchu Maakal of Naba Palli (near Shitala Temple)
12) Shankar Das, son of Late Subodh Das of 4 no. Fisher
13) Mr. Chitta Ranjan Mondal, Inspector of Police & in-charge of South Bidhan Nagar Police Station
14) Somnath Das, Sub-Inspector of Police & in-charge of Parama Investigating Centre under the Tiljala Police Station
15) Officer-in-Charge of the Tiljala Police Station
(*Perpetrators 1 to 12 are residing within the jurisdiction of South Bidhan Nagar Police Station, District North 24 Parganas, West Bengal, India)

I am shocked to hear about the murder of Mr. Dipak Rakshit and the continuous threats of life against his family.

According to the information I have received, Mr. Dipak Rakshit was allegedly assaulted by a gang of criminals on 8 March 2004 which resulted in his death. Even though the postmortem report mentions serious injuries to the victim's body, the police have taken no action to properly investigate the case, simply maintaining their claim that the victim died due to a car accident.

In fact, Mr. Dipak Rakshit and his family had been facing continuous threats from the perpetrators 1 to 12 since September last year. They had lodged at least 19 complaints against the perpetrators 1 to 12 with the South Bidhan Nagar Police Station under North 24 Parganas District in West Bengal. However, the police have never taken any action to arrest the perpetrators in which case the life of the victim could have been saved. The family alleges that the reason for police inaction is that the perpetrators bribe the police monthly and enjoy the protection of the ruling political party of the state. This is yet another shameful case of police - criminal nexus where the police serve only the rich and influential in India.

In these circumstances, I urge you to take immediate steps through your office so that the case of murder of Dipak Rakshit and the threat to life of his family members are properly investigated and the perpetrators are punished. The victm's family should be provided full protection while the investigation is conducted. I also urge you to take immediate steps so that the victim's family is adequately compensated, and to make the perpetrators pay the amount of this compensation. I further urge you to take immediate action though your office so that the erring officers 13 to 15 are punished for neglect of their duty. Simultaneously, the government of India should ratify the Convention against Torture and should immediately implement domestic legislation to put an end to the failure of rule of law in India.

Yours truly,


--------------------

SEND A LETTER TO:

1. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan, Sansad Marg
New Delhi - 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: mailto:chairnhrc@nic.in

3. Shri Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers' Buildings, Kolkata, West Bengal,
INDIA
PIN Code- 700001
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

4. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org

6. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006
E-mail: scronin@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)