#India -One minor arrested by BSF , tortured, detained then deposited to CUSTOMS office, auctioned & released


15 January 2013

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

Respected Sir

I want to bring your kind notice on an incident of physical torture, intimidation, bullying and extortion of money by collusion of Border Security Force personnel and local Custom official where the victims were young Muslims belong to BPL category; one of them even a minor. The perpetrator BSF personnel are known for their atrocious acts at the said area.

The victim duo were detained at a BSF camp for more than 14 hours, videographed, finger impressions taken, physically tortured, verbally abused at the said BSF Camp, later brought to police station along with Bangladeshi nationals then to a local Custom office where their families paid bribe for release of the persons and bicycles, in the name of ‘Auction’.

Again after nearly three months BSF personnel visited the victims houses and threaten the families and intimidate to implicate in false criminal cases.

I am appending a detail of the incident herewith for your reference and demand for:-

  • The incident must be investigated urgently by an independent and adequate authority
  • The act of so called ‘Auction’ by collusion of BSF and Custom must be investigated and proper measures should be taken for immediate stop of this illegal act
  • Specific charges must be framed against the errant BSF and Custom officials
  • The victims and their families along with witnesses must be protected from further intimidation and their safety must be guaranteed
  • The victims must be duly compensated for their losses

Sincerely Yours

(Kirity Roy)

Secretary- MASUM

National Convener – PACTI

 

Particulars of the victim:-  1Mr. Muzaffar Dafadar , son of Mr. Shaukat Dafadar, aged about – 17 years and 2. Mr. Hasanur Molla, son of Moslem Molla, aged about – 21 years; both of them are by faith – Muslim and residing at village – Doharkanda, Post Office – Hakimpur, Police Station – Swarupnagar, District – North 24 Parganas.

Particulars of the perpetrators: – .

Border Security Force personnel known as 1) Mr. KD Sahib in locality, 2) Mr. Bharat Singh, Subhash Singh and 3) Mr. Akbar Khan all attached to the ‘G’ Branch of Bithari Border Out Post of 152 Battalion, all were in BSF uniform at the time of incident & 4) an unidentified Custom official of Hathatgunj Bazar Custom office under Swarupnagar Police Station, North 24 Parganas

Date of the incident:- On 06.10.2012  at about 5 am and 31.12.12 at about 10 am

Place of incident:- In front of the resident of Mr. Sahidul Molla of village – Hakimpur, Police Station – Swarupnagar, District – North 24 Parganas.

Case Detail

It is revealed during our fact finding that Master Muzaffar Dafadar, son of Mr. Shaukat Dafadar, a class – VI student; is a 17 years old minor boy from a below poverty level Muslim family.  His father’s name is Mr. Shaukat Dafadar, and is a resident of village – Doharkanda, post office – Hakimpur, police station – Swarupnagar, district – North 24 Parganas.

On 06.10.2012 at around 5am Muzaffar was going to Bithari Bajar with betel-nut. He was accompanied by Mr. Hasanur Molla, son of Mr. Moslem Molla, aged about 21 years, village – Doharkanda, post office – Hakimpur, police station – Swarupnagar, district – North 24 Parganas. Mr. Hasanur Molla is a B.A. (Bachelor of Arts) 2nd year student from a below poverty level Muslim family. They were traveling by two bicycles along a path through an open field in Hakimpur, when they reached near Mr. Sahidul Molla’s residence at the said village they were apprehended by K.D. Sahib and other unidentified BSF personal and another BSF jawan. K.D. Sahib pulled Mr. Muzaffar Dafadar by his shirt’s collar and threw him down to the uneven path from the running bicycle. The other BSF jawan apprehended Mr. Hasanur Molla.

K.D. Sahib and the other perpetrator BSF jawan bound the victims together with their towel and took them to Hakimpur BSF Mini Camp. The victims were detained to a room at the said Mini Camp. At around 8.00am the victims were taken in front of Mr. Akbar Khan’s room.  Mr. Bharat Singh, a BSF personal, slapped Muzaffar Dafadar on his left face under his earlobe and used abusive and humiliating language. Mr. Muzaffar Rahaman and Mr. Hasanur Molla’s family members went to Hakimpur Mini Camp after receiving news of their sons’ apprehension by BSF personnel, they pleaded for release of the victims, but BSF did not release the victims. At around 10 am Mr. Akbar Khan came and recorded video and audio clips of their images and voices and after that Bharat Singh and Subhash Singh took impressions of their fingers by making threats and intimidation. The said KD Sahib noted down their physical descriptions at about 2 pm. After that the victims were again detained them into a room in that camp.

At around 7 pm Mr. Muzaffar Dafadar and Mr. Hasanur Mollah along with two other unknown apprehended Bangladeshi nationals were taken to Sharaphul Hospital by a BSF van. A nurse registered the names and addresses of the apprehended persons. Then they were taken to Swaroopnagar Police Station and the two Bangladeshis were handed over to the police. But Mr. Muzaffar Dafadar and Mr. Hasanur Molla were taken to the customs office. Mr. Muzaffar Dafadar and Mr. Hasanur Molla’s family members met the customs officer. Name and rank of that officer is unknown. But he was in a short pant and T- Shirt at the time of the incident. Victims’ family members had to pay Rs.9, 000/- for their release; on 06.10.2012 they paid Rs.7, 000/- and got released their sons and on 07.10.2012 paid Rs.2, 000/- for getting back the two seized bicycles. All these illegal bribing exercise was performed in the name of ‘AUCTION’.

Nearly after three months; on 31.12.2012 at around 10 am Mr. Akbar Khan and Mr. Bharat Singh, both in BSF uniform, came to Mr. Muzaffar Dafadar’s house by a red colored, Pulsar make motor cycle and warned the present women at the time by saying that if their son wouldn’t meet Mr. V.P. Singh, Camp Commander of Amudia BSF Camp, at their Camp, they would come back at night and forcibly taken away their son and would also implicated him in a false case. Next they went to Mr. Hasanur Molla’s house. At that time there was no one at the house. They told Mr. Ali Hussain Sardar, a neighbor of Mr. Hasanur Molla, that Hasanur must meet Mr. V.P. Singh at Amudia BSF camp by 4 pm. Otherwise they would come and take him forcefully. Presently the perpetrator BSF personnel are threatening the victims’ families and other locales.

On 2.01.2013, the victims made a written complaint to the Sub Divisional Police Officer; Basirhat Sub-Division under district North 24 Parganas but without any respite.

 

#India- BSF devastated livelihood of a petty trader – #impunity


11th December 2012

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

 

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.  

Thanking you

Yours truly

 

 

 

 

Kirity Roy

Secretary, MASUM

&

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

 

Case Details:-

 

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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