GJM alleges police atrocities

KalimNews, Kalimpong, 24 August 2013: West Bengal police has arrested more than seven hundred GJM activists which includes front line leaders and 12 GTA members. 

Gorkha Janmukti Morcha has alleged that West Bengal state administration is clearly violating the guidelines laid down by the Supreme Court and the National Human Rights Commission in arresting and making raids for the arrest. In a press release Gorkha Janmukti Morcha Delhi unit has expressed its grave concern towards the atrocities being meted out by the people in Darjeeling hills. 

Ranjan Sharma, General Secretary states that West Bengal police in connivance with the state administration have made a mockery of the democratic process of the country. 

More than 700 pro-Gorkhaland activists including GTA members and senior leaders of GJM have been arrested. 

Most of the cases of arrest has been made during overnight raids. The law enforcement agencies have not just followed the law of the land in letter and spirit but is blatantly violating the guidelines of arrest as laid down by the Hon’ble Supreme Court in a number of cases. 

The retaliatory measure of the state government by way of resorting to arrest spree is to suppress the sanctity of the ongoing movement of demand of Gorkhaland. The release states that the police is misusing its discretion to arrest by nabbing people on reasonably minor grounds. People who have never ever indulged in any kind of violence or crime are also being arrested. 

Excessive arrest of unwanted people just to curb the movement leads to overcrowding of prisons/cells resulting in unnecessary expenditure thereby incurring loss to state exchequer. Power of arrest should be exercised by the police judiciously safeguarding the human rights of the citizens, but unfortunately in our case the police is openly indulging in violation of human rights. This will lead to a bad precedent, loss of faith in the law and order of the country. People against whom not even a reasonable complaint is filed or those having no connection with any kind of offence whatsoever are being arrested. 

Police is required to at least conduct a preliminary investigation prior to arrest but no such norms are being followed and just to incite fear and terror in the minds of citizens, arrest is being carried out rampantly. 

It has reminded that in Joginder Kumar vs State of UP which is a landmark judgment wherein the Hon’ble Supreme Court has clearly discussed the consequences of arrest. 

“Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bonafide of a complaint and a reasonable belief both as to the person’s complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided. “ 

The release adds; "therefore the West Bengal administration is clearly acting against the aspects as observed by the Supreme Court and the National Human Rights Commission. We shall appeal to the National Human Rights Commission and also approach the union Ministry of Law and Justice to take cognizance and interfere in the issue shortly."