11th December 2012
National Human Rights Commission
We lodge this present complaint in the matter of the victim Mr. Abed Ali Gazi from district-North 24 Parganas, West Bengal, who is a businessman of selling eggs in different markets under Bithari-Hakimpur Gram Panchayat, a area near Indo-Bangladesh border. But recently all his business papers were forcibly taken from him by the perpetrator BSF man when he was returning home on the date of the incident. He made several attempt to get back his papers but failed. He lodged complaint before the local police station with an affirmation from the Head of the Gram Panchayat regarding the truth of the incident, but police did not take any step till date. He also sent written complaint to the IG, BSF, Kolkata but again there is no action as well as no response till date. Till date the victim did not get his documents relating to his business and at present he is jobless. He has to look after his family members but he is under insecurity considering the fact that he is deprived of his livelihood forcibly by the torturous and whimsical acts of the perpetrators. Our attached fact finding report gives details of the incident.
Hence we seek your urgent intervention in this matter in the following manner:-
- · All the concerned authorities including Border Security Force must be directed to take immediate steps so that the victim can get back his papers relating to his busniess and restore his livelihood.
- · The whole matter must be enquired into by one neutral enquiring authority.
- · The perpetrator must be booked under law and punished accordingly for committing attrocity and torturous acts upon the victim.
- · The victim must be provided with adequate compensation computing the days and sufferings on and from 22.9.2012 when his papers relating to his business were forcibly taken by the perpetrator.
National Convener, PACTI
Particulars of the victim:- Mr. Abed Ali Gazi, son of Safed Ali Gazi, aged about-23 years, by faith-Muslim, by occupation-at present unemployed, residing at village-Swarupdaha, Police Station-Swarupnagar, District-North 24 Parganas, West Bengal, India.
Particulars of the perpetrators:- The involved BSF personnel of Hakimpur BSF(Border Security Force) Check Post and Mr. Akbar Khan(BSF man) of the said BSF Check Post under Police Station-Swarupnagar, District-North 24 Parganas.
Date & place of incident:- On 22.9.2012 at noon at Hakimpur BSF(Border Security Force) Check Post under Police Station-Swarupnagar, District-North 24 Parganas
It is revealed during the fact finding that the victim is a businessman. He sells poultry-eggs in the local markets such as Bithari, Duttapara, Gunrajpur, Balti, Amudia, Nityanandakati, Tarali, Hakimpur and Swarupda markets under Bithari-Hakimpur Gram Panchayat. The victim runs his livelihood for himself and his family members by the income of the said business for last seven years and the said business is the only source of income of the victim.
On 22.9.2012 at noon the victim was returning after selling eggs in the local market but when he reached near to Hakimpur BSF Check Post on the way he was restrained by one BSF man namely Mr. Akbar Khan and he forcibly snatched all the papers of business from the victim without saying any reason. The said BSF man did not issue any paper regarding the seizure of the papers from the victim. The victim out of fear could not say anything at that time but two co-villagers of the victim namely Mr. Majibar Sardar and Mr. Kauchar Sardar were the eye-witnesses of the incident. Then after few days the victim went to Hakimpur BSF Check Post with Mr. Majibar Sardar and requested the said BSF man Mr. Akbar Khan to return the documents as the victim could not run his business without the said documents. But he refused to deliver the papers and on the contrary he blamed in threatening voice that those papers are fake and he would put the victim behind the bar for carrying business with fake papers. As a result the victim is yet to get back his papers relating to his business and in the absence of the papers he is not able to continue his business till date.
The victim finding no other way to get back his papers lodged written complaint in this matter before the Officer-in-Charge of Swarupnagar Police Station, North 24 Parganas and in the said written complaint the Prodhan (Head) of Bithari-Hakimpur Gram Panchayat and also one member of the said Gram Panchayat in writing affirmed that the complaint of the victim mentioning the incident above stated was true. But the police did not take any action till date though issued one GDE no. 1502 against the complaint of the victim. The victim also sent written complaint in this matter to the IG, BSF, Kolkata through registered post with A/D on 7.11.2012 but till date there is no response against his complaint.
It is revealed during the fact finding that the victim has valid (till 31.3.2013) trade license from Bithari-Hakimpur Gram Panchayat, but due the arbitrary and torturous acts of the perpetrator BSF man, the victim is languishing in mental pain and trauma due to loss of his livelihood. The family of the victim is under complete insecurity and economic crisis.
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