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 Commission's 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
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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