Complaint to NHRC -Minor ghastly killed by BSF and threw the body to Bangladesh

 

10 June 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

I want to draw your attention on an incident of gruesome killing of a minor boy by Border Security Force personnel. The deceased was at his age of 14 years and a student of local school. His father was a migrant labour and belongs to Scheduled Caste community. On the fateful day, the boy was dragged to the BSF camp and tortured to death. Then his body was thrown to the opposite side of the border; Bangladeshi land to hide their atrocious act. Few of the villagers were witnessed the incident of deceased being taken to the BSF camp by the BSF personnel. The police have started a criminal case against unnamed BSF personnel but I have serious doubt on the credibility of the police investigation when the accused are personnel attached with BSF.

I am attaching the detail of the incident which is self explanatory in nature and demand for:-

• The incident must be investigated by the Commission
• The involved BSF personnel must be booked and subsequently prosecuted
• The witnesses and family members of the deceased must be protected and their safety and security maintained
• The family must be duly compensated

 

Sincerely Yours

 

 

(Kirity Roy)

Secretary

 

 

Name of the victim :-   Master Sourabh Shikari son of Mr. Utanka Shikari aged about 14 years , a student of Class IX at local school, belong to Schedule Caste community,  resident of  village- Dharampur,  Post Office- Putikhali, Block- Krishnanagar, Police station- Krishnaganj, District- Nadia, West Bengal.

Name of the perpetrator :-  Two Border Security Force(BSF) personnel  from  Tungi  BSF camp, attached with ‘F’ company of BSF Battalion 173 who were in duty from 11pm to 5 am and Company Commander of 173 BSF Battalion.

Place of incident:-  Adjoining alley of  Tungi BSF camp and Tungi BSF Camp under Krishnaganj Police Station of Nadia district.

Date and Time of the incident: –  On 10^th May 2013 in between 10.30 pm to 11pm.

 

Case Detail:-

It is revealed during our fact finding that the deceased was a minor boy. He was a student of class IX standard of  Majdia Rail Bazar High School. The victim is belonged to a schedule caste family. His father Mr. Utanka Shikari is a mason and migrant laborer; he usually lived in Mumbai for his employment.  Mrs. Mamata Shikari the mother of the deceased stayed at their native with her two daughters Ms. Swati Shikari(13) and Ms. Jyoti Shikari (13) and the deceased in extreme financial hardships. The said area having overwhelming population of ‘Matua’ a scheduled caste community of Bengal, renowned for their religious fervors.

 

Mrs. Mamata Shikari is a renowned devotional singer of that area.  On 10^th may 2013 a ‘ nam sankirtan’ (devotional music programme) was arranged at the house of Mr. Sujit Biswas . Usually this type of programme concluded at late night. On the said night while Ms. Mamata Biswas was performing at the said household; at around 10 pm the deceased returned back to his home to charge his mother’s mobile phone, after that he took the alley adjoining to the fence as he was scared of snakes at the usual road.    At that time two BSF personnel from Tungi BSF camp apprehended him on suspicion that he was a smuggler and dragged him to the said BSF camp. Some villagers saw the incident. They were Ms. Suchitra Biswas; wife of Mr. Ananta Biswas, Mr. Shukdev Roy; son of Mr. Shailen Roy and Mr. Pijush Bhakta; son of Late Subhash Bhakta; all residents of village – Dharampur under Krishnaganj police station. Few villagers heard the lament of the deceased made feeble protests out of BSF terror, the BSF personnel then said ‘come tomorrow morning at camp with member of panchayet and get him released’. But the hapless boy was tortured throughout the night at the said BSF camp.

 

Next day; on 11^th May 2013 the family members of the deceased went to the Tungi BSF camp to get him released, the said BSF personnel at camp out rightly denied any arrest and subsequent custody at their camp. At around 5.30 am some farmers discovered the victim’s body at the opposite side (Bangladesh) of the border, while they were at their agrarian field.  The villagers univocally alleged that the BSF after killing the boy threw the body at the opposite side of the border to hide their atrocious act. On the same day Mr. Ananda Shikari, uncle of the deceased lodged a complaint in Krishnaganj Police Station which was registered as case number 113/2013 dated 11.5. 2013, under sections 364/302/201/34 of Indian Penal Code. Prior to that an unnatural death case was registered vide Krishnaganj PS UD Case No. 22/13 dated 11.5.2013.

 

On the same day under supervision of Krishnanagar Police Station the BSF personnel of Tungi BSF camp arranged a flag meeting with Border Guard Bangladesh (BGB) and got back the body. On the same day the victim’s body was sent to Police Morgue, Shaktinagar, Krishnanagar, district – Nadia for post mortem examination and the same was done by Dr. AK Biswas; MO, Medico Legal, Nadia District Hospital  vide Post Mortem number- 461/2013 dated 11/05/2013 and body was handed over to the family for cremation.

 

 

 

 

 

—
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

Related articles

• #India – Sodomy by BSF upon children, Protest ! #sexualabuse (kractivist.wordpress.com)
• Police of Murshidabad planfully attacking activists of MASUM (kractivist.wordpress.com)
• West Bengal – 5 year old girl raped, police shielding the accused #Vaw (kractivist.wordpress.com)

 

Fixing accountability for unlawful killings in India #AFSPA

DIVYA TRIVEDI, The Hindu

The HinduStudents demand withdrawal of the Act. Photo: S. Subramanium

TOPICS

 Periscope

India

Delhi

crime, law and justice

laws

police

punishment

execution

social issue

death and dying

Hundred and nine civilian deaths occurred due to police firing in 2011, according to National Crime Records Bureau (NCRB). Disproportionate use of force during demonstrations caused many deaths and at least 100 deaths were caused due to excessive use of force against demonstrators in Jammu and Kashmir in 2010. According to the NHRC, 2,560 deaths during encounters with police were reported between 1993 and 2008. Of this, 1,224 cases were regarded by the NHRC as “fake encounters”. The police, the central armed police forces and the armed forces have been accused of “fake encounters”. Complaints have been lodged, particularly against the Central Reserve Police Force, the Border Security Forces, and the armed forces acting under the Armed Forces (Special Powers) Act (AFSPA).

In the face of such alarming statistics, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Mr. Christof Heyns, was invited to the country and he toured extensively between March 19 to 30 this year meeting several State and non-State actors. The main findings of his report will be presented to the UN Human Rights Council (UNHRC) in Geneva in June 2013.

It recommends a series of legal reforms and policy measures aimed at fighting impunity and decreasing the level of unlawful killings in India.

While deaths resulting from excessive use of force by security officers, and legislation that is permissive of such use of force hampers accountability, impunity is a central problem and represents a major challenge, according to the report.

His report states that India should repeal, or at least radically amend, AFSPA and the Jammu and Kashmir AFSPA, with the aim of ensuring that the legislation regarding the use of force by the armed forces provides for the respect of the principles of proportionality and necessity in all instances, as stipulated under international human rights law. It should also remove all legal barriers for the criminal prosecution of members of the armed forces.

“While waiting for the necessary amendment or repeal of AFSPA, it should be ensured that the status of a “disturbed area” under AFSPA is subject to regular review – for example, every six months – and a justified decision is made on its further extension,” states the report.

The report also recommends the immediate ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol and the International Convention for the Protection of All Persons from Enforced Disappearance.

It recommends India to swiftly enact the Prevention of Torture Bill and ensure its compliance with CAT.

All vigilante groups and civilians recruited to perform military or law enforcement tasks, and who are not part of the regular security forces, should be dissolved and prohibited with immediate effect, states the report.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act should be reviewed with the aim of extending its scope to Dalit Muslims and Dalit Christians. The criminal legislation should be reviewed to ensure that all gender-based killings, as well as killings of any member of a tribe or lower caste receive high sentences, possibly under the form of life imprisonment. The Indian legislation regarding the imposition of the death penalty should be reviewed to provide that the death penalty may be imposed for the most serious crimes only, namely only for those crimes that involve intentional killing. India should consider placing a moratorium on the death penalty in accordance with General Assembly resolutions with a view to abolishing it, according to the report. A mechanism should be put in place to regularly review and monitor the status of implementation of the directives of the Supreme Court and the NHRC guidelines on arrest, encounter killings, and custodial violence and death.

The establishment and effective functioning of the independent Police Complaints Authorities should be made a priority in all states. It should be ensured that FIR registration is prompt and made mandatory in all cases of unlawful killings and death threats. The authorities should put in place an independent mechanism to monitor FIR registration following any request to do so, as well as of punishment of those law enforcement officials who refuse to register a FIR.

To a large extent, the required structures to decrease extrajudicial executions are already in place but a concerted and systematic effort is required by the State, civil society and others to eradicate unlawful killings, states the report.

Keywords: fake encounters, custodial deaths, National Crime Records Bureau, NHRC guidelines

 

Related articles

• Indian Army Magic Formula to have beautiful and successful daughters ? #WTFad #AFSPA #Kashmir #Manipur (kractivist.wordpress.com)
• Manipur encounter deaths show pattern of carelessness, says Supreme Court #AFSPA (kractivist.wordpress.com)
• #Manipur- Upholding the right to life #AFSPA (kractivist.wordpress.com)
• #India- Criminalising People’s Protests #Iromsharmila #AFSPA #Vaw (kractivist.wordpress.com)
• RashiDa Manjoo, U.N. Special Rapporteur for Vaw visits Manipur, weeps #AFSPA (kractivist.wordpress.com)
• UNHCR rapporteur calls for repeal of AFSPA in India (kractivist.wordpress.com)

 

#India -BSF jawan allegedly rapes mentally challenged girl #Vaw #Disability

IE, 30-32013

A case of rape was registered against a 26-year-old Border Security Force (BSF) jawan on Friday, after a man lodged a complaint that the jawan had sexually assaulted his mentally unsound daughter and impregnated her.
The incident took place at Kulakcharla police limits in Ranga Reddy district. The accused is absconding.

The 22-year-old woman was shifted to a government hospital for medical examination, based on which action will be initiated against the accused.

According to police, the victim, who is a resident of Hyderabad, used to visit her grandmother’s house in Kulakcharla frequently. Naresh, the jawan, is the grandmother’s neighbour.

Deputy superintendent of police, Chevella, K Silpa Valli told Express,

“The woman has been staying at her grandmother’s place since the last 15 months. During this time, Naresh absued her.”

When the girl fell ill, her family members admitted her to a private hospital. The doctors who examined her declared her pregnant.

The victim’s father, Kishan Singh, rushed to Kulkachrala, after which the girl told him that Naresh was abusing her sexually. She also said that he had threatened to kill her if she told anyone about the act.

Singh and the victim approached the Kulkacharla police and lodged a complaint.

A police team visited Naresh’s house to question him and his family in connection with the case. However, cops found the house locked, with no sign of their inmates.

The locals, however, told them that Naresh had recently left the place after receiving a call from BSF officials to resume his duties.

Meanwhile, a team was formed a team to nab Naresh’s family members. Police have also contacted higher officials at the BSF to collect details about Naresh.

via The New Indian Express.

 

West Bengal – Inhuman torture by BSF, false police case

9 April 2013

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

Respected Sir,

I want to draw your kind attention regarding the matter of physical torture and false implication into criminal charges upon the victim Mr. Sariful Islam from District-Murshidabad, West Bengal by the perpetrator BSF personnel. The victim was physically assaulted, verbally abused by the perpetrator BSF personnel without any reason and cash of Rs. 2230/- and one mobile set was arbitrarily seized from his possession by the perpetrator BSF personnel on the date of the incident. Our attached fact finding report gives the details of the incident. The victim lodged a written complaint to the Superintendent of Police, Murshidabad informing the whole incident of physical torture and false implication committed upon him by the perpetrator BSF personnel. But no actions have been taken against the perpetrator BSF personnel by the higher authority. The victim is now living under fear after getting warnings and threats from police and BSF personnel to withdraw his complaint against the BSF personnel lodged before the Superintendent of Police, Murshidabad.

Hence we seek your urgent intervention regarding the following matters: –

·       The whole incident must be investigated by the Commission’s own investigation wing.

·       The perpetrator BSF personnel must be booked under the law immediately and prosecuted under the criminal law in open court of law.

·       The role of the police of Raninagar Police Station must be investigated regarding failure to act lawfully in the matter of the victim.

·       The victim must be relieved from the false charges and should be provided adequate compensation.

·       The family of the victim and the victim must be given adequate protection so that they do not come under threat or inducement.

·       BSF personnel obstructing villagers to cultivate their land be stopped without delay.

Thanking You

Yours truly

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

 

Name of the victim: – Mr. Sariful Islam, son of- Late Abdul Goni, aged about- 38 years, by faith- Muslim, residing at Village- Babla Bona-Bathan Para, Post Office- Ramnagar , Police Station- Raninagar, District- Murshidabad, West Bengal, India.

Name of the perpetrators: –

1.  Company-In-Charge of Kaharpara BSF BN. No-130 2. One officer Intelligence Branch of BSF and 3. to 8. Other six involved BSF jawans of Kaharpara BSF BN. No-130 under Raninagar Police Station; 9. Mr. Sumit Talukdar, the Officer-In-Charge of Raninagar Police Station

Date and time of the incident: – On 13.02.2013 at 1pm

Place of the occurrence: – In I.B.B Road at Kaharpara under Raninagar Police Station.

 

Case details: –

It is revealed during fact finding that the victim is living with his wife Ms. Habiba Sultana, aged about 30 years and with his two sons namely Mr. Sakhil Habib, aged about 14 years and Mr. Nur Alam, aged about 9 years. Cultivation and selling fodder are the ways to survive their livelihood. He is involved in various social works. He is also a victim of political rivalry.  The father of the victim was reportedly murdered as a result of political rivalry before few years back.

On the date of incident at 10 am, the victim went to his cultivation field which was situated in Radhakrishna Mouja Dag No- 1345-1349-1275 to observe the crops. At about 1pm, he was illegally restrained by six BSF jawans of Kaharpara BSF BN. No-130 while he was returning from the field. They asked the victim to show his voter identity card. After that they without sounding any reason started to brutally assault the victim by fists and blows. The perpetrator BSF personnel repeatedly slapped him on his ears and chest and forcibly snatched cash of Rs.2230/- from his possession and one mobile set from him. After that the perpetrator BSF personnel put him into life threat and tried to accuse him as a smuggler. The perpetrator BSF personnel also threatened him that he would be falsely implicated in a case if he refused to say that he has an involvement in smuggling. The victim was also verbally abused by the perpetrator BSF personnel and he was brutally assaulted again. Thereafter the victim was taken by the perpetrator BSF personnel to Raninagar Police Station by car. He was falsely implicated in a criminal case on the basis of a written complaint of the perpetrator BSF personnel which was treated as First Information Report (F.I.R) vide Raninagar Police Station Case No- 134/13 dated 13.02.2013 under sections 188 of Indian Penal Code and 12 of P. P. Act. In the said criminal case there was another co-accused namely Mr. Mahiriddin Seikh who was reportedly arrested by the BSF personnel on 12.03.2013.

On 14.02.2013, the victim was produced at Additional Chief Judicial Magistrate Court, Lalbagh. He was released on bail. The Company-In-Charge and the officer of Intelligence Department (I.B.) of Kaharpara BSF BN. No-130 threatened the victim to implicate him false charges again and even to kill him if he dared to inform the incident of physical assault to anyone. On 15.2.2013 the victim got medical treatment from one local Doctor namely Mr. Nishir Kumar Sarkar who recorded the injuries sustained by the victim. The said doctor referred the victim to hospital for further treatment. Later he was medically treated in Berhampore General Hospital.

On 20.02.2013, the victim lodged a written complaint before the Superintendent of Police, Murshidabad through courier informing the whole incident of physical torture committed upon him by the perpetrator BSF personnel.  But till date no action was taken on the basis of his complaint.

On 26.03.2013, the victim talked with our fact finding team and he informed that the Investigating Officer (I.O) of Raninagar Police Station of the above mentioned criminal case warned him that he would face grave problems for sending complaint letter to the Superintendent of Police, Murshidabad informing the whole incident of physical torture committed upon him by the perpetrator BSF personnel and also said that if he is implicated in a false case again then there would be none to survive him from that situation. The Investigating Officer of that said police station told the victim that if he did not withdraw the complaint which he lodged before the Superintendent of Police, Murshidabad, he would pay the grave consequences for that. The victim’s life now came under threat. At present the victim is living under fear after getting warning from the Investigating Officer (I.O) of Raninagar Police Station and BSF personnel. The victim till date did not get back his mobile set and cash of Rs. 2230/- which were arbitrarily seized from him by the perpetrator BSF personnel without issuing any seizure list.

Sariful

—

Related articles

• Is Police Officer Sandip Sen, of Murshidabad district is above the law? (kractivist.wordpress.com)
• #India- Torture to death by police & faulty post mortem examination procedure (kractivist.wordpress.com)

Is Narendra Modi Smart ?

A review of a long speech, Editorial, Open Magazine

When Modi returns after the commercial, he has fully regained his poise and there is no doubt he is an excellent orator.

It is in the nature of public speaking, and what it does to the plumbing of an overweight man, to make even an orator of Narendra Modi’s experience appear somewhat nervous in the first moments. Especially when the event is indoors, and the audience is not a semi-literate crowd at a vast distance, but a class that considers itself the elite of Delhi, invited through 20-inch long invitation cards and seated around round tables in a banquet hall at the Taj Palace. And the speaker is a man who is acutely aware of hierarchies and probably judgmental enough to know the general cruelty of opinions. Also, a man who believes that everything he does is high stakes. Modi speaks slowly, enduring the involuntary shallow panting from his chest that public speakers dread—and the audience in the hall can hear. Then he makes a surprising move. Less than a minute after he began his ‘Leader’s Lecture’ at the India Today Conclave, he breaks his speech to say that everyone should now watch a video, and he goes back to his seat. About 15 minutes long, it is promotional material that announces the achievements of Modi’s leadership of Gujarat.

Among the lovers of Modi who hope or believe that he will be the next Prime Minister of India, there are highly educated Hindus who consider themselves reasonably humane despite their affection. They claim that they love Modi not because of the slaughter of Muslims in 2002 in Gujarat when he was the able Chief Minister of the state, but because he is smart, because he has ‘vision’. But they will struggle to cull the evidence of their claim from the substance of his many speeches. Nothing in them contains what people who can read and write would even remotely consider startling wisdom. Maybe he had to dumb down for the masses? And on other occasions, appease businessmen and non-resident patriots with valorous nothings? Maybe he was waiting for something like the India Today Conclave to show his depth of intellect?

When Modi returns after the commercial, he has fully regained his poise and there is no doubt he is an excellent orator. His topic is, ‘NaMo Mantra: Will it work for India’—meaning, can he do to India what he claims to have done to Gujarat? He says he has no “mantra or tantra”, and pitches his talk around the idea of “thinking differently”. Thinking, he says in English, “out of the box”. By way of example, he says that the Government’s employment guarantee scheme, which assures employment or wages to the poorest of Indians for 100 days in a year, must be positioned not as a social welfare measure but as a conscription call to the poor to dedicate 100 days of their lives to the nation. There is applause from some of India’s richest people, as if to drown out the canned laughter of the poor.

A few weeks ago, when he spoke to college students in Delhi, he was just as school boyish. About his extraordinary optimism: “I say the glass is always full—half with water, half with air.” And, about his textile policy: “…from farm to factory to fabric to fashion to foreign.” Now in slow motion, don’t miss the alliteration. When he reached the ‘foreign’ part, he dramatically pointed upwards as the audience, for some reason, erupted in ovation. The policy, which is called ‘5Fs’, is about making the whole biology that creates garments, and the garments themselves, in India, and exporting them to ‘foreign’.

In the Taj Palace banquet hall, there is a good moment when Modi says he went to meet Prime Minister Manmohan Singh and “nobody spoke”. He pauses for the laughter, and says, “Then only I was talking,” which, of course, leads to more laughter. He claims to have given an exquisite idea to the Prime Minister, something about converting solid waste in towns into fertiliser and selling it cheap to the farmers who farm around those towns, thus saving subsidy funds on chemical fertilisers. The cheap fertiliser would also, according to Modi, lower the price of food, thus ending malnutrition. The economist Prime Minister probably said the right thing in these circumstances: make a report. Modi took him seriously and sent a “2-kg” report. Applause.

Then, Modi says that the Prime Minister invited him to tea one day and since he did not want to have free chai, gave him another idea. A portion of the border between India and Pakistan runs through the deserts of Rajasthan and Gujarat. Because of the quality of the soil, “the fence keeps collapsing”. So Modi’s idea to Manmohan Singh was that the Government ask the Border Security Force to plant solar panels over hundreds of square kilometres on the desert. This way the border will have a fence that produces solar power even as it somehow prevents infiltration. Applause. What was the Prime Minister thinking when he heard this? Why don’t hostile neighbours usually have hugely expensive fences: for instance, millions of solar panels? Why is it that not a single country has large investments right on a border it shares with a heavily armed enemy? Is this idea worth the tea I gave this man?

Is it possible that after Modi left, the Prime Minister held his stomach and rolled on the floor with laughter? When the session ends, Modi steps down to sit at a high table and dine with a few chosen people whose seats have been marked by cards bearing their names. Industrialist Ajit Gulabchand discreetly switches two cards so that he can move to a chair closer to Modi’s.

People leave the hall, most of them in awe, even though it appeared that if Modi had given his ‘Leader’s Lecture’ in a school debate contest, he would have lost. But how did it come to be that those who would have won, some of them at least, are among his biggest admirers?

 

#India – Innocent and unarmed people were beaten up,this is animal behaviour: SC

March 24, 2013

States drag their feet

J. Venkatesan, The Hindu , march 24,2013

TOPICS

The Sunday Story

On March 11, the Supreme Court again issued notice to the Centre through the Secretary, Home Department, on police reforms. This was at the suo motu hearing of the case relating to the assault of a woman by Punjab constables and brutal beating up of women teachers in Bihar.

Notices were also issued to all the State governments and the Union Territories through the Chief Secretaries, the Home Secretaries, the Directors-General of Police, the Administrators and the Police Commissioners, requiring them to file affidavits on the implementation of court directions in what is now famous as the Prakash Singh case. The case has been listed for further hearing on April 1.

The National Police Commission was set up in 1979 to suggest measures on police reforms. The Commission recommended a Model Police Act to replace the outdated Police Act, 1861. However, none of the recommendations was implemented. On a writ petition filed in 1996 by Prakash Singh, former Director-General of the Border Security Force (see accompanying story and graphic), the Supreme Court on September 22, 2006, issued comprehensive directions.

They include: The Director-General of Police should be selected by the States from among the three senior-most officers on the basis of their length of service, very good record and range of experience. Police officers on operational duties like the Inspector-General of Police in charge of a zone, Deputy Inspector-General of Police in charge of a range, Superintendent of Police in charge of a district and Station House Officer in charge of a police station should have a minimum tenure of two years. The Centre and the States were to set up Security Commissions for selection and appointment of personnel and ensure complete autonomy in police administration.

The investigating police should be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. There should be a Police Establishment Board in each State to decide all transfers, postings, promotions and other service-related matters of officers. A District Level Police Complaints Authority headed by a retired district judge will look into complaints against officers of and up to the rank of Deputy Superintendent of Police .

Related articles

• Mod lies EXPOSED #fakencounter-Ishrat Jahan case: Gujarat HC satisfied with CBI probe #goodnews (kractivist.wordpress.com)
• SC stays any NIC action against IGP (thehimalayantimes.com)
• HC orders transfer of seven cops for thrashing Punjab dalit woman #Vaw (kractivist.wordpress.com)

 

Threat to Indian Constitution is more serious from the Executive arm of Government having scant respect for law

By Irfan Engineer

It is not in dispute that Afzal Guru was a surrendered cadre of JKLF. He was dissatisfied about the situation in Pakistan Occupied Kashmir and he surrendered to the Border Security Force. Once a person surrenders to security forces, he takes a calculated risk of displeasing and even facing threat to life from other gun wielding cadres. Gun wielding fighters fear that the surrendered cadre would give crucial information about them and their organization and also want to make an example of the surrendered persons to deter others from surrendering. Afzal Guru might have calculated the risk he runs and still decided to surrender. A person surrenders when he loses hope of success of the mission of the organization he was working with or realizes that the mission was not worthy after all. It is also not in dispute that Guru after his surrender did odd jobs and completed his graduation.

The police version and Afzal Guru’s version thereafter differ. Police version broadly is that Guru met one Tariq, who introduced him to Ghazi Baba and who in turn motivated him to arrange safe hideout for those who had planned to attack Indian Parliament. Afzal Guru was paraded by police before the electronic media and his “confession” was broadcasted. Supreme Court frowned on such practices and did not rely on the “confession” under the circumstances.

Guru, on the other hand, in his further statement under S. 313 of the Cr.P.C. before the trial court, and in his letter to the Home Minister states that he was introduced to those who later attacked the Indian Parliament by DSP Dalvinder Singh and coerced to arrange for their stay in Delhi, and while in Delhi, he constantly received calls from Dalvinder Singh. The call records were never investigated and never verified. Guru writes that he could not present his side and contest the evidence being adduced in the trial court as his family was under threat.

The Apex Court also accepts that Guru did not get a lawyer to represent his case. Supreme Court is on record stating that Guru’s conviction is based on circumstantial evidence. The death sentence was awarded to satisfy the collective conscience of the nation. The persons who attacked the Parliament were killed in the operation and Ghazi Baba was never arrested.

National Human Rights Commission has stated that it was violation of human rights of the family members of Afzal Guru to have executed him without even intimating the family before his execution and for not permitting his family members to meet Afzal Guru for one last time before his execution. It is violation of fundamental right to practice one’s own religion by not allowing the family to perform last rites of the departed according to their religion and not to hand over the body to the family.

Kashmir has been gagged since the morning Guru was executed. Kashmiris cannot express themselves – their anger or appreciation. Their children have no milk. News and internet access, SMSs all were blocked. No democracy, no trust and no freedom for Kashmiris. Only the CM of Kashmir was allowed to talk to the media. All because a Kashmiri was accused of waging or abetting waging of war with Government of India, tried on circumstantial evidence and executed without informing his family before his execution to satisfy the conscience of the nation as voiced by Hindutva brigade. The only other person executed in this manner after promulgation of Constitution of India was a Pakistani National – Ajmal Kasab. The Britishers allowed parents of Bhagat Singh to meet him for one last time before his execution, even though he was also considered by them a terrorist waging war on the Colonial rule.

Threat to the Government of India and the Indian Constitution is not serious enough from terrorists – as they can be handled by security forces having far more superior force and superior organization and power of public opinion of law abiding Indian citizens. Threat to Institutions of democracy, Indian Constitution and the rule of law is far more serious from the executive having scant respect for the rule of law clothed with unaccountable authority and from ideologies that purport to be majoritarian nationalism having scant respect for justice.

The Issue of Justice:

Revenge and the urge for blood was medieval notion of justice. Eye for an eye and tooth for a tooth is not justice. Instilling fear and creating awe for those in power has not deterred crimes. For those deprived or those nurturing a sense of injustice or experiencing occupation fight regardless of consequences and with whatever means they can command. Colonial power did not deter Indian freedom fighters and they were ready to pay any price – even their lives. It is the structures and institutions that we build which are fair and just towards all and accountable to the citizenry that help reduce crimes in the society.

Justice does not lie in retribution and inflicting same or more pain or loss to what a person has inflicted upon others and deriving satisfaction from the pain that that person is suffering. It is an inhuman instinct. Justice lies in restoration of the victim of crime back, expressing solidarity, and as far as possible, normalizing the life of the victim and helping her to come to terms with the wrong done to her, and ensuring that the wrong would not be repeated.  Family members of the five security personnel, a parliamentary guard and a gardener who died during the attack on the Parliament may derive satisfaction from killing of persons involved in the attack (with sufficient degree of certainty). However, those attacking the Parliament were seeking their own revenge (certainly an abominable and condemnable action) for somebody else, and so on! Kashmiris might perceive injustice in the manner in which the trial was held and the entire execution was dealt with and all of them were made to suffer house arrest for days following Guru’s execution. Retribution is a never ending cycle and does not bring closure. Every closure for one is point of revenge for another for the perceived injustice.

Closure for the relatives of those killed during Parliament attack would be more meaningful if their economic lives had been restored by the nation and helped them to come to terms with the questions disturbing their minds like, “why my near and dear one?”, “whose fault?”, “where did things go wrong?”, “why did the attack happen?”, “what motivated the attacker to target my near and dear one?”, and mitigated loss of their near and dear ones as much as possible. Closure for Priyanka Gandhi for her father’s assassination was not sending S Nalini Sriharan to gallows but meeting her in prison and seeking answers to these questions and finally forgiving her. Nalini was spared death row.

But Justice also means restoration of the perpetrator of the crime back to normalcy and to help the person repent and reform and till the time there is genuine repentance on the part of the perpetrator, putting such restrictions and taking such measures which would restore the perpetrator as a socially useful human being. If there is no repentance then society ought to be protected from the perpetrator by isolating the perpetrator.

Subjectivity in death penalty:

Others also attacked Constitutional Institutions and functionaries, including Nalini and Rajoana who killed the then Chief Minister of the Punjab. Those vociferously demanding Guru’s execution are silent on speedy execution of sentence to Rajoana and Nalini. There is no demand that Babu Bajrangi and Maya Kondnani convicted for brutal rapes and murder of many in which even foetus was not spared the brutality be awarded death sentence. Death sentence therefore is not a demand for justice, but a political demand to garner votes, to overawe a community or a section and demonstrate the power and patriarchal values of might, strength and masculinity of the state power and those who wield power. Masculinity, military might and notion of power come with the ideology of ‘might is right’. But there are limits to ‘might is right’ arrogance. The notions of crusades invoked by the then US President after attack on twin towers on 9/11 in which 3000 people (who were citizens of various countries) were killed, led the US to war with Afghanistan and Iraq killing over 6 lakh people and injuring millions. The war has not been won as yet by the mighty and will never be won until justice is done.

The march of history has been from more brutal and violent societies to more humane, inclusive and less violent societies; and from authoritarian to democratic states. The objective of punishment awarded by the society to the delinquents and non-conformists too has evolved from that of retribution to deterrence and reformation of the delinquent. With the strengthening of democracies, there is increasing culture of tolerating dissent and differences. Sanctity of life is increasingly accepted and believed that society does not have the right to take away anyone’s life. Disproportionate number of people from marginalized sections of the society – poor, ethnic and religious minorities and lower castes are handed down death penalty. For example, 41% of death row inmates and 34% of those executed in US are African Americans though they constitute 12% of US population. There is only one remedy – neat burial of death sentence as a punishment.

Related articles

• Press Release-Statement on execution of Afzal Guru (kractivist.wordpress.com)
• Afzal Guru Hanged, Whose Conscience Satisfied? #deathpenalty (kractivist.wordpress.com)
• India’s message to Kashmir: the noose can extend beyond the gallows #deathpenalty (kashmirsolidaritymumbai.wordpress.com)
• Condemn the highhanded, authoritarian attempts of the notorious Special Cell’s attempt to seize the phones of Prof. SAR Geelani (kractivist.wordpress.com)

 

#India-A dalit’s family on brink of extinction #humanrights #torture #Vaw

Ms. Chintamoni Mondal & her son

1 February 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

I want to draw your attention on our complaint dated 20.4.2012, about  ghastly torture perpetrated upon Mr. Bharat Mondal, belongs to Schedule Caste community, by posted Border Security Force personnel at Murshidabad district.  The background of the incident; Mr. Bharat Mondal was an agrarian laborer before losing his lands to erosion by the river. This is a problem also faced by many of Bharat’s neighbors, and like them, Bharat had no means of livelihood or income to support his family of six. Although Bharat has a job entitlement card under the Mahatma Gandhi National Rural Employment Guarantee Act 2005 scheme, he did not get any work, and so had to allegedly resort to cross-border smuggling of cattle for income.

 

It is revealed in our fact finding that around 8am on 30 December 2011, Bharat attempted to smuggle seven or eight head of cattle across the border when the Border Security Forces (BSF) jawans apprehended him. They roughly handled him, stripped him naked and assaulted him severely. The BSF hit him repeatedly with wooden sticks and rifle butts and also kicked him with boot clad feet. Bharat’s left arm was broken as a result of the violent assault. Bharat bled profusely and lost consciousness, whereupon the BSF jawans left him to die.

 

When Bharat’s wife, Ms Chintamoni Mondal, heard about the torture and critical condition of her husband, she rushed to the scene with a few neighbors and brought Bharat to Godhanpara Block Primary Health Centre for treatment. The doctor who attended to Bharat at GBPHC referred Bharat to the Domkal Sub-Divisional Hospital and Baharampur New General Hospital because of the severity of Bharat’s condition. We also informed the Commission that though his family desperately needs the income, Bharat’s condition precludes the possibility of returning to work.

 

The BSF personnel subsequently warned Bharat’s family and neighbours against registering a complaint at the police station or disclosing details of the incident to others. Yet the aggrieved family somehow plucked up the courage to make a written report before the Superintendent of Police of Murshidabad on 23 March 2012 and forwarded a copy of that complaint to the Officer-in-Charge of Raninagar Police Station. Individuals who had witnessed the incident include Mr Sri Nath Mondal (son of Mr Amir Chand Mondal), Mr Panchanan Mondal (son of Mr. Dhananjay Mondal), Ms Sumitra Mondal (wife of Mr Sri Nath Mondal) and other residents of the Char Sahebnagar Village, Harudanga Post Office under the jurisdiction of Raninagar Police Station in Murshidabad. Despite the effort to pursue the matter through established branches of the justice system, the police have not taken any action to investigate and prosecute the BSF jawans responsible for the senseless, unprovoked and violent attack on Bharat which forced his wife to make a complaint before the Additional Chief Judicial Magistrate; Lalbagh’s Court under section 156 (3) of Criminal Procedure Code against the perpetrators.

 

In this given context, Mr. Bharat Mondal’s family is living under severe distress and penury. His wife; Ms. Chintamani Mondal made an appeal before the Block Development Officer of Raninagar II Block on 8.10.2012, copying it to the District Magistrate of Murshidabad district where she narrated her woes and requested for an early respite but till date no action has been taken. Mr. Bharat Mondal lost all his physical ability to work and more or less in a crippled physical condition due to torture perpetrated upon him by the BSF. His family consists of his wife and four minor children; all aged between 5 to 15 years, and out of school. Though, Bharat’s wife made subsequent request to local Panchayet for enlistment in BPL category but unheeded. Her dwelling (a hutment) is in dilapidated condition and during the last monsoon she with her minor children and ailing husband forced to spend nights on open fields. She is in very week physical condition and worried about very physical existence of her family. She visited the said BDO in number of times and requested for governmental deliverances but without any respite.

 

I am requesting your Commission to direct the relevant authority to extend the livelihood options (i.e. BPL card, NVNG, Annapurna, etc) to this tortured family who are living in brinks of extinction.

 

 

Sincerely Yours

 

 

 

 

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

Related articles

• #India- Dalit woman languishing in penury for 7 months ,officials are sleeping ,- Pl don’t disturb #Vaw (kractivist.wordpress.com)
• #Rape by man in uniform (BSF), abandoned, No action taken neither by BSF nor by police #Vaw (kractivist.wordpress.com)
• #India- People are being denied entry to their land for cultivation by BSF #Humanrights #livelihood (kractivist.wordpress.com)
• #India -One minor arrested by BSF , tortured, detained then deposited to CUSTOMS office, auctioned & released (kractivist.wordpress.com)
• #India- BSF devastated livelihood of a petty trader – #impunity (kractivist.wordpress.com)
• #India-Torture upon a dalit woman suffering from PTSD in Govt hospital #WestBengal (kractivist.wordpress.com)
• #Soporemassacre- Twenty years on ,Jan 6, 1993: ‘I saw BSF men killing civilians like flies’ (kashmirsolidaritymumbai.wordpress.com)

#India- People are being denied entry to their land for cultivation by BSF #Humanrights #livelihood

 

14 January 2013

 

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

 

We have come across the diabolical recurrence of torture perpetrated by Border Security Force in the bordering areas of Char Majhardiar Mouza under Police Station- Raninagar, District- Murshidabad resulted in a terrible scare in the minds of the villagers residing there. The villagers had to abide by the various silly norms and rules of Border Security Force and slightest violation resulted into brutal physical assault and harassment of the villagers. It does not seem that this country at all belongs to these people rather it is the atrocious rule of BSF officials with nauseating indulgence from the civil administration. Our attached fact finding report gives details of the situation.

 

The poor marginalized villagers of Char Majhardiar Mouza mostly bear the brunt of BSF torture in the bordering areas whether they are involved with crime or not. The right to life and the right to livelihood of the villagers as enshrined in the Art.21 of the Constitution of India have been grossly violated due to the atrocities and torturous activities carried out by BSF in the name of safeguarding the country though there is widespread smuggling in the porous Indo-Bangladesh border with the blessing of a section of BSF.

 

Hence we seek your urgent intervention in this matter in the following manner:-

• Secure the life and livelihood of the poor villagers of Char Majhardiar Mouza, District-Murshidabad from the gruesome atrocities inflicted upon them by the Border Security Force.
• The whimsical and outrageous dictums of BSF must be overruled. 
• The guilty Border Security Force personnel must be booked under the law for their alleged act of atrocities and torture upon the poor villagers.
• The victims must be provided adequate compensation and protection.

 

 

Thanking You

Yours truly

 

 

 

 

Kirity Roy

Secretary, MASUM

 

 

 

 

 

 

Name of the victims:- The villagers of villages namely – Char Harudanga, Char Durgapur, Uttar Char Majhardiar, Mahadebpur, Char Banshgara under Char Majhardiar Mouza, Police Station-Raninagar, District-Murshidabad.

 

Name of the Perpetrators: – The involved Border Security Force personnel Harudanga Mini Camp under Kaharpara BSF Camp of Battalion no. 130, Police Station-Raninagar District-Murshidabad & concerned BDO, police and panchayet officials

 

It is revealed through the fact finding that the victims were all farmers under villages namely – Char Harudanga, Char Durgapur, Uttar Char Majhardiar, Mahadebpur, Char Banshgara under Char Majhardiar Mouza, Police Station-Raninagar, District-Murshidabad.

 

It is also revealed during the fact finding that Char Majhardiar Mouza is adjacent to Indo-Bangladesh border. The villagers stated that fencing has been done by the Border Security Force touching the border road through the said Char Majhardiar Mouza leaving 300 acres of cultivation land beyond the fencing towards Indo-Bangladesh border and adjacent to the actual border line of Indo-Bangladesh border. The BSF personnel are posted inside the fencing, but villagers residing under Char Majhardiar Mouza have their respective cultivation lands beyond the fencing. The villagers of Char Majhardiar Mouza stated that crops grown in such cultivation lands remain unguarded and consequently the miscreants from Bangladesh frequently trespass into their cultivation lands and take away the produce of the cultivation lands. The Border Security Force does not provide any protection to them to save the produce of the cultivation lands. Moreover everyday thousands of cattle are being smuggled to Bangladesh in illegal way by the smugglers in connivance with a section of Border Security Force personnel and smugglers have been using the corn-fields of the villagers as their way for transporting the cattle. As a result, the victims could neither harvest nor cultivate crops in the farming lands. The farmers of the area were to bear the loss of field crops daily at the time of illegal activities of the cattle smugglers. The villagers pointed out that Border Security Force should be posted at the actual Indo-Bangladesh border in order to ensure protection to their life and livelihood.  

 

It was also informed that the victims were frequently tortured by the Boarder Security Force personnel if the victims would dare to protest against such atrocious and whimsical activities. Surprisingly enough, the Boarder Security Force authority, the local police stations and other administrative personnel were involved in such illegal activities. The victims were aware of all such activities but they were helpless as there is always a threat from Border Security Force personnel and local police of roping them in false and concocted criminal cases. The victims had to endure all these in fears of perpetrator BSF personnel.  

 

The villagers of Char Majhardiar Mouza since long several times submitted mass petitions against the ongoing atrocities and tortures perpetrated by the BSF personnel upon the innocent villagers before the  District Magistrate, Murshidabad, the DIG-BSF, Murshidabad, higher administrations concerned but no fruitful result yielded till this day. We collected few names and their land details , who are deprived of their right to life and livelihood.

 

Sl No.	Name of the Petitioner	Mouja	Dag No.
1	Najrul Islam	Char Majhardiar	1112, 311
2	Jabiruddin Sheikh	Char Majhardiar	314
3	Bahdul Islam	Char Majhardiar	1112
4	Iear	Char Majhardiar	1112
5	Sahaban Ali	Char Majhardiar	712
6	Annatfar Gaji	Char Majhardiar	324
7	Khorshed	Char Majhardiar	314
8	Sultan	Char Majhardiar	314
9	Farid Sheikh	Char Majhardiar	?
10	Anamul Sheikh	Char Majhardiar	1112
11	Rajjak Sheikh	Char Majhardiar	1112
12	Ajit Sheikh	Char Majhardiar	1112
13	Samirul Sheikh	Char Majhardiar	1112
14	Mondal Khalil	Char Majhardiar	314
15	Asraful Shekh	Char Majhardiar	314
16	Khalilur Rahaman	Char Majhardiar	1112
17	Hasan Sheikh	Char Majhardiar	1112
18	Mintu Sheikh	Char Majhardiar	314
19	Sariful Islam	Char Majhardiar	314
20	Aatahar Rahaman	Char Majhardiar	314
21	Mojahar Sheikh	Char Majhardiar	1112
22	Abubakkar Sheikh	Char Majhardiar	1112
23	Badesh	Char Majhardiar	314
24	Jahiruddin Sarkar	Char Majhardiar	314
25	Najimuddin Sheikh	Char Majhardiar	1112
26	Jakir Hussain	Char Majhardiar	1112
27	Saidul Sarkar	Char Majhardiar	?
28	Abdul Bari	Char Majhardiar	1112
29	Oaji Sarkar	Char Majhardiar	1112
30	Rahul Sarkar	Char Majhardiar	314
31	Rabban Sheikh	Char Majhardiar	?
32	Rahimuddin Sarkar	Char Majhardiar	?
33	Jillar Rahaman	Char Majhardiar	314
34	Baidyanath Ghosh	Char Majhardiar	1112
35	Nimai Chandra Mondal	Char Majhardiar	1107
36	Bablu Kumar Mondal	Char Majhardiar	?
37	Dilip Kumar Mondal	Char Majhardiar	?
38	Ajay Kumar Mondal	Char Majhardiar	?
39	Panchanan Mondal	Char Majhardiar	?
40	Nantu Shekh	Char Majhardiar	?
41	Anup Kumar Mondal	Char Majhardiar	?
42	Biresh Chandra Sarkar	Char Majhardiar	1107
43	Boro Mondal	Borderpara	?
44	Pradip Mondal	Borderpara	1907
45	Sadhan Kumar Mondal	Borderpara	1108
46	Biswanath Monadal	Borderpara	1107
47	Sahadeb Mondal	Borderpara	1112
48	Sherjel Islam	Borderpara	1107
49	Subhash Chandra Mondal	Borderpara	1108
50	Upendranath Mondal	Borderpara	?
51	Uday Mondal	Borderpara	1112
52	Mafejul Sheikh	Borderpara	1112
53	Babulal Mondal	Borderpara	314
54	sanjoy Mondal	Borderpara	314
55	Sheikh Majid	Borderpara	225
56	Sudershan  Mondal	Majhdiar	?
57	Raycharan Mondal	Char Banshgara	225
58	Suren Mondal	Char Banshgara	225
59	Hira Mondal	Char Banshgara	225
60	Ajahar Sheikh	Char Banshgara	314
61	Mithen Mondal	Char Banshgara	?
62	Paresh Chandra Mondal	Majhardiar	?
63	Pitambur Mondal	Char Borderpara	?
64	Eyamulsk Mondal	Banshgara	?
65	Kuilana Mondal	Banshgara	?
66	Sujoy Kabiraj	Char Banshgara	?
67	Mafikul Islam	Char Banshgara	?
68	Gulam Nabi Azad	Uttar Char Majhardiar	?
69	Satrughan Mondal	Char Majhardiar	?
70	Najrul Islam	Char Majhardiar	314
71	Nilkanta Mondal	Char Majhardiar	314
72	Rahimuddin Sarkar	Char Majhardiar	314
73	Krishna Mondal	Char Majhardiar	314
74	Abubakkar Sheikh	Char Majhardiar	597
75	Mojaffar Sheikh	Char Majhardiar	597
76	Rabban Sheikh	Char Majhardiar	82/83/79/314/1112
77	Inamul Sheikh	Char Majhardiar	314
78	Ramjan Sheikh	Char Majhardiar	314
79	Amir Sheikh	Char Majhardiar	223
80	Jamshed	Char Majhardiar	314
81	Khalek Sheikh	Char Majhardiar	228
82	Mojid Sheikh	Char Majhardiar	223
83	Mojid Molla	Char Majhardiar	83/312
84	Jiten Mondal	Char Majhardiar	314
85	Abul Kalam	Char Majhardiar	206, 207
86	Jan Mohammad	Char Majhardiar	314
87	Anuar Uddin Sheikh	Char Majhardiar	314
88	Abul Sheikh	Char Majhardiar	314
89	Iear Mohammad	Char Majhardiar	112/314
90	Hemanta Mondal	Char Majhardiar	314/01
91	Sahaban Ali	Char Majhardiar	1112/314
92	Khalilur Rahaman	Char Majhardiar	314
93	Khalil Mondal	Char Majhardiar	224
94	Sheikh Majid	Char Majhardiar	2,283,141,112
95	Jalaluddin Sheikh	Char Majhardiar	1112
96	Khalek Sefatulla	Char Majhardiar	83

—
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

 

Related articles

• 7 Bangladeshi juveniles are languishing in Indian Home, even after completion of their terms (kractivist.wordpress.com)
• #India- BSF devastated livelihood of a petty trader – #impunity (kractivist.wordpress.com)
• #Rape by man in uniform (BSF), abandoned, No action taken neither by BSF nor by police #Vaw (kractivist.wordpress.com)
• #India- Dalit woman languishing in penury for 7 months ,officials are sleeping ,- Pl don’t disturb #Vaw (kractivist.wordpress.com)
• Immediate Release-Disappearances from ‘Uttarpara Destitute Home for Female’ Incident #Vaw (kractivist.wordpress.com)

 

#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:-  1. Mr. 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) 2^nd 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.

Related articles

• #India- BSF devastated livelihood of a petty trader – #impunity (kractivist.wordpress.com)
• #Rape by man in uniform (BSF), abandoned, No action taken neither by BSF nor by police #Vaw (kractivist.wordpress.com)
• #Soporemassacre- Twenty years on ,Jan 6, 1993: ‘I saw BSF men killing civilians like flies’ (kashmirsolidaritymumbai.wordpress.com)
• BSF jawan patrolling at border shoots colleague dead, kills self (indianmilitarynews.wordpress.com)