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 10th 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 10th 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 11th 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.

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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

 

#India – Sodomy by BSF upon children, Protest ! #sexualabuse


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 sexual abuse committed upon the minor victim boys by the perpetrator BSF personal. The incident took place within the jurisdiction of Swarupnagar Police Station, District-North 24 Parganas, West Bengal.

On the date of incident the perpetrator BSF personal took sexual pleasure by forcing the minor victim boys to act at his whims. Our attached fact finding report gives details of the incident. The incident continued for an hour. The heinous incident sexual torture and abuse committed upon the victim boys was primarily complained to the BSF Official but the family of the victim boys did not get any relief. One written complaint was lodged before the Superintendent of Police, North 24 Parganas informing the whole incident of sexual offence committed upon the minor victim boys by the perpetrator BSF personal. But till date no action has been taken by the said authority.

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

·       The whole matter must be investigated by Commission’s own investigating wing.

·       The perpetrator BSF personal must be booked under the law and should be prosecuted under Section 377 of Indian Penal Code and the criminal law and the Juvenile Justice (Care and Protection of Children) Act, 2000 considering the complaint lodged before the Superintendent of Police, North 24 Parganas.

·       The victims and their families should be provided with adequate compensation as well as protection so that they do not come under threat or inducement.

 

Thanking You

Yours truly

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

Name of the victims: –

1.    Master Sundar Sarkar (Name changed), son of- Mr. Shankar Sarkar, aged about- 9 years,

2.    Master Hrishi Das (Name changed), son of- Mr. Rabin Das, aged about- 11 years,

3.    Master Sujay Das (Name changed), son of- Mr. Deben Das, aged about- 8 years, all are residing at Village- Gunrajpur, Post Office- Govindapur, Police Station- Swarupnagar, District- North 24 Parganas, West Bengal, India.

Name of the perpetrator: – Mr. Ramkumar being BSF jawan at Gunrajpur BSF BOP under Police Station- Swarupnagar, District- North 24 Parganas

Date and time of the incident: – On 17.03.2013 at about 1 pm

Place of occurrence: – Inside Gunrajpur BSF Border Out-Post (BOP).

Case details: –

It is revealed during fact finding that on 17.03.2013 at about 1 pm Mr. Ramkumar being the BSF jawan of Gunrajpur BOP, BSF called the victims inside the Gunrajpur Border Out-Post while they were playing with each other on the street adjoining to the said out-post.  After that the perpetrator BSF personal put off his wearing pant while they came inside the said out-post. The perpetrator BSF personal forced the victims to hold his genital and asked them to rub it by hands. The perpetrator BSF jawan started to enjoy sexual pleasure by abusing the victim boys. The victim Master Sagar Sarkar could be able to escape the place with fear. But other two minor victims could not be able to escape from that place. The perpetrator BSF personal forcibly penetrated his genital into the mouths of those minor victims and brutally seduced them for an hour. After that the perpetrator BSF personal illegally detained those minor victims after completely seducing them. The minor victims were seriously felt sick due to such inhuman sexual abuse the perpetrator BSF personal of that said BSF out-post. After that Master Hridoy Das and Sanjib Das returned to their homes and informed the whole incident to their family members. Ms. Laxmi Das, the mother of Master Hridoy Das went to that said BSF out-post to inform the whole incident to other BSF jawans of that said BSF camp taking with Mr. Sahidul Gaji, the member of local Gunrajpur Gram Panchayat. Mr. Sahidul Gaji talked with others jawans of that said BSF camp and told Ms. Laxmi Das to solve that matter in exchange of money. But she did not agree to do that. After that one BSF jawan called the Commanding Officer of the said out-post and informed him the whole incident. The Commanding Officer came to the camp and the whole matter was video recorded by them. After that he took her signature in a blank paper and told her that the total cost of medical treatment of those minor victims would be paid by them and also convinced her by saying that the perpetrator BSF personal would be punished regarding the matter of physical molestation upon the minor victims. After that the Commanding Officer threatened her saying that they would suffer if they dared to disclose the incident to anyone and also told the member of the Gram Panchayet not to disclose the matter to anyone.

On 02.04.2013, Ms. Laxmi Das lodged a written complaint on behalf of the victims before the Superintendent of Police, North 24 Pgs informing the whole incident of sexual abuse committed upon the minor victim boys by the perpetrator BSF personal. But till date no action has been taken by the said authority.

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Birth Certificate of a victim boy

 

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


IE, 30-32013

MolestationA 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.

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Sariful

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


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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

#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

 

 

#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.

 

#Rape by man in uniform (BSF), abandoned, No action taken neither by BSF nor by police #Vaw


28 December 2012

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

This is a sordid tale of a woman, who lost her family, livelihood and neighbourhood due to the river erosion of Padma and her woes further compounded with while her husband a person attached with Border Security Force left her without even informing her. The men attached with Border Security Force, used his position, made false promises of marriage and subjugate the destitute woman and had sex without providing her any financial and other supports in guise of marriage. 

 

Ms. Sundari Bibi, (actual name withheld) daughter of Mr. Aftab Ali Mondal, aged about 30 years of village- Parashpur, Post Office- D/ Parashpur, Police Station- Jalangi under Murshidabad district, started living at Sushil Colony, Char Parashpur with many others who lost their agrarian land and dwellings by the erosion. The entire village; Parashpur is now extinct from the map due to the river erosion of year 2005. From 2006 onward her father started living at the said place with his daughters and minor sons. The woman got crippled when her both palms were severely burnt while cooking.  Her minor brothers became adults by the time gone and left the family, her sisters got married and she developed animosity with her parents and became abandoned. In 2007, she moved towards the banks of river Padma adjoining to Sushil Colony and erected a hutment for her living. She started to fend herself by selling a small quantity of rice which she uses to buy from local market.

 

In the mid 2008, a BSF personal from adjacent Farazipara BSF- BOP Camp of 90th Battalion; Mr. Shamsuddin Barlaskar; son of Late Moinuddin Barlaskar; Identity Card No. 95145059, Rank– C.T (at that time), Identity Serial No. 202008 (Issuing Date- 15.1.98) has started visiting her during days and nights. The said BSF personal made proposals for sexual favours. While she refused those proposals, he made consecutive promises for marriage and the hapless woman was convinced of that and a physical relationship between them had grown from that time. The neighbourhood asked the couples to get marry and pressure from Sundari forced the culprit; Shamsuddin to marry her. On that time, he has to leave the Farazipara BSF camp for more than two months and later transferred to Madhugari BSF camp. From Madhugari camp he often visited the hapless woman and the neighbourhood of Sundari forced the BSF personal to marry her. After being married, Shamsuddin used to come to her house and started living as a married couple. Shamsuddin made several false promises that he would take her to his native place but never. Their marriage got solemnised and registered according to the Muslim Marriage Act, on 5.11.2009 at Domkal; Murshidabad.  But Shamsuddin never provided any money to the hapless woman for her living and forced her to penury. The woman with her challenged situation still living alone. In 2010, she came to know that, Shamsuddin has been transferred at Roshanbagh Head Quarter of 90 Battalion of BSF. Later our investigation revealed that he has been transferred from Roshanbagh to Jammu and Kashmir but details are not available with us.

 

On 5.11.2009 the hapless victim tried to lodge a complaint against Shamsuddin at Jalangi Police Station; Murshidabad but the police of that police station refused to accept her complaint.  On 19.4.2010, she made a similar complaint before the Sub Divisional Officer; Domkal, District- Murshidabad and on 22.4.2010, the SDO sent a notice to the Block Development Officer; Jalngi, District- Murshidabad to cause an enquiry with the Assistant Camp Commandant of concerned BOP of BSF and for submitting an action taken report to him.

 

But till date no appropriate actions have been taken by the authorities. In the meantime, the victim woman has undergone physical and psychological treatments at medical camps organised by us. Our psychological counsellor opined that she is under severe distress and anxiety. The woman is living under utter destitution because her name has not been included under any governmental schemes; BPL, Annapurna or Antodaya. She has not made further persuasion of her case because till recent, she obsessed with a faintest hope for a better conjugal relations which became shattered now.

 

In this given context I demand for:-

 

  • A specific case of committing rape by giving false promises must be initiated against the said BSF personal
  • Alimony and maintenance for throughout the period must be provided to the victim woman from the involved BSF personnel
  • The protection and safety of the woman must be guaranteed
  • The role of erring police personnel of Jalangi police station; who refused to register the complaint of the victim, must be investigated and appropriate actions should be taken

 

 

Sincerely Yours

 

 

(Kirity Roy)

 

 

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

 

 

West Bengal- BSF fires a villager, keeps him captive #Torture


27th August 2012                   

 

The Honourable Chairperson

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi – 1

 

Respected Sir,

 

We want to lodge this present complaint where the perpetrator BSF jawans allegedly tried to kill one Indian civilian namely Mr. Safed Sardar of Gobindapur village from District-North 24 Parganas, West Bengal by firing which eventually hit at the thigh of the victim. Our fact finding revealed that cattle smuggling is a regular event at the border of Indo Bangladesh and the perpetrator BSF personnel often firing at them openly. The victim was admitted at R. G. Kar Medical College & Hospital, Kolkata where all expenses were borne by the victim family itself. According to the victim and eye-witnesses, he was subjected to merciless torture for no reason at all; understandingly no law in this country permit man in uniform to assault a civilian for any reason or no reason. Our attached fact finding report gives details of the incident. The Superintendent of Police, Barasat, District- North 24 Parganas till date, not taken any appropriate action on the written complaint filed by the wife of the victim against the perpetrator BSF jawans. 

 

 

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

 

 

v  The whole matter must be investigated by a neutral investigating agency appointed by the Commission.

v  BSF personnel posted at West Bengal – Bangladesh border area resorting firing from lethal weapon though same was in self- constraint as decided by the high command of BSF

v  The written complaint lodged by the victim before the Superintendent of Police, Barasat, District- North 24 Parganas on 24.7.2012, must be treated as First Information Report under section 154 of Criminal Procedure Code.

v  Cost of treatment of a person while in custody, should be borne by the State; in this case the victim should be financially compensated for his medical expenses.

v  The victim must be compensated adequately from the coffer of the BSF

v  The victim and the eye-witnesses must be protected and their security should be guaranteed

 

Thanking You,

Yours truly,

 

 

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI   

 

Name of the Victim: – Mr. Safed Sardar (28 years) son of  Mr. Joynal Sardar , by faith – Muslim, BPL enlisted family, by occupation- daily labourer from the Village – Gobindapur , Post Office:- Gobindapur,  Police Station:- Swarupnagar, District:- North 24 Parganas, West Bengal, India

 

Name of the Perpetrator(s): One BSF officer namely Mr. Kajol of ‘G’ company of Battalion no. 152 and other jawans in uniform attached to BOP Gobindapur under the Police Station of Swarupnagar, District North 24 Parganas

 

Place of incident: Near the Border area at Gobindapur, Police Station of Swarupnagar, District North 24 Parganas

 

Date & time of the incident: – On 20th July 2012, around 1.30 pm to 2.00 pm at noon 

 

Case Details: –    Safed Sardar (28 years) son of Mr. Joynal Sardar lived permanently in Gobindapur village with his wife and two minor children, one is of 2years and another is 1year old. The victim owned a small land and for earning he has to depend on daily labour on others agricultural filed. The economic condition of the victim is very poor and his family is enlisted in Below Poverty Level family in their village. He also involved himself as rattler in cow smuggling to Bangladesh when he did not get any job to maintain his family.

 

On 20th July 2012, Friday at around 1.30 to 2.00pm Safed Sardar went to check the growing crops at the farming land where he was working as daily labour. This agricultural field situated at the adjacent of border area of Indo-Bangladesh. At that time, some Bangladeshi cattle smugglers were secretly smuggling cattle to Bangladesh through this border area.  It was also revealed from our own fact finding that Mr. Safed was also involved with the smugglers as rattler. When BSF jawans of Gobindapur BOP noticed their movement, then without alarming anyone the BSF jawans along with one officer namely Kajol of ‘G’ Branch of 152  no. Battalion started indiscriminate firing towards them. A bullet fired by the BSF was entered in the right thigh of the victim and exited through the back of that thigh and he became senseless. Around 3.00pm the victim was brought to Sanrapool Primary Health Centre by some people who were working at that time in the nearby field along with BSF jawans. The bullet injury at the thigh of the victim looked like a big hole (exit wound) and huge blood came out from the wound. When in the primary health centre the bleeding of the victim could not controlled, he was shifted to Sub Division Hospital, Basirhat at 4.00pm in the afternoon by the attending doctors by an ambulance. But in the Sub Division Hospital also, the condition of the victim was not improving. So the attending Medical Officer at around 8.30pm at night transferred the victim to R. G. Kar Medical College & Hospital, Kolkata and for noticing his condition the doctor of R. G. Kar Medical College and Hospital immediately took him to operation theatre for surgery on his thigh.

 

After surgery the victim was shifted to ICU. He was given blood for his poor health condition. Expenses of the victim’s treatment were borne by the family of the victim.  All the relevant documents of his treatment were kept by the BSF officers present there. BSF officers also made frequent visits to the hospital. It was really becoming hard for the wife of the victim to accumulate money for the treatment as well as to manage the family expenses. Victim’s family has to purchase all necessary medicines, equipments requisitioned by the doctors.  Though the doctor of the hospital gave release order to the victim but BSF did not give the permission and so the victim was kept at the hospital under surveillance and restraint of the BSF officers. On next day; 21.07.12, BSF submitted one complaint before Swarupnagar Police Station which was registered as FIR at Police Station vide Swarupnagar PS case no. 359 / 2012 dated 21 July 2012 under Sections 147 / 148 / 149 / 186 / 188 / 353 / 333 / 307 / 413 / 414 of Indian Penal Code where BSF have admitted about the firing and the bullet injury of the victim.

 

On 3rd August 2012, the victim Mr. Safed Sardar was released by the doctor of R. G. Kar Medical College & Hospital, Kolkata. The family members were duly informed by the police from one mobile number (913325304557) to take back victim to his home. When brother of victim along with Mr. Zamat Sardar reached at R. G. Kar Medical College &Hospital, Kolkata, some BSF personnel (of Kalyani, as informed by them) with arms told them that Safed is in their custody, so they will take him. So the family members returned back without Safed as he was not handed over to his family members by the BSF. At that time Mr. Safed was admitted at Bed no. 25 of Surgical Ward of R. G. Kar Medical College & Hospital, Kolkata. Till date he is lying in captivity at the same hospital. Though, the victim is supposedly in police custody, but no police personnel guarding him rather BSF is doing the job, which is an outright illegal act.  

 

On 24.07.12 Ms. Ruksana Bibi, wife of Mr. Safed Sardar lodged one written complaint before the Superintendent of Police, Barasat, North 24 Parganas over the incident as stated above and in the complaint she sought for appropriate legal action against the perpetrators BSF officers, but till date no action has been taken by the Police.

Image

— 
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

BSF treating local populace as “second class citizen”


 

Border Security Force

Border Security Force (Photo credit: Wikipedia)

 

To

The Hon’ble Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi – 1

 Respected Sir

 I want to draw your attention on an incident in which the posted Border Security Force personnel not only harassing a person living in pittance but in this course showed total defiance to the order of Ministry of Homes as well as of their superior officer and infringed the Constitutional rights of a bonafide citizen.  

 Mr. Aizuddin  Biswas, son of Late Munaruddin Biswas, a resident of Char Parashpur village, Post- D/ Parashpur under Jalangi police station of Murshidabad district is a agrarian labourer who lost his land with other immovable property during the incessant erosions caused by the river Padma. He owned agrarian lands at Dayarampur village till 2005, thereafter it was totally eroded and he was forced to migrate at Char Parashpur, he received Patta (land title by the government) at the said village for his living, where he is living with his wife and minor children. His means of sustenance are cattle rearing and part time employment as agrarian labourer. On 15.7.2012 he bought 4 cows and 4 calves from adjoining villages to increase his income. He spent nearly Rs. 40000 for this purpose. Before the said purchase, on 13.7.2012, he duly informed the respective Gram Panchayet, Panchayet Samity and Block Development Officer and obtained approval on his request letter. While Aizuddin was trying to bring the cattle to his home in Char Parashpur village, the posted Border Security Force personnel resisted him to cross the river Padma with the cattle to his village. The cattle were still stranded at the village Raypara, the other side of the river. Aizuddin made a request to the Deputy Inspector General of BSF; Roshanbagh on 20.7.2012 to direct his force for allowing him to bring the cattle. The DIG instructed the ‘A’ Company of Charbhadra Company Headquarter of 91 BSF Battalion. Aizuddin met several times with the Company Commander of the said BSF Company as well the personnel at the Farazipara BSF- BOP of the said Company with his request. He also made complaint to the District Superintendent of Police, Murshidabad. But he was either mocked or jeered for his complaint to DIG- BSF anf SP. He even verbally abused by the said BSF personnel on duty at Raypara.

 In this connection I want to refer my complaint before the National Human Rights Commission (vide NHRC’s Case No. 44/25/13/08-09-PF/OC dated 8.2.11) and inquiry report conducted by Mr. R. R. Jha, Joint Secretary (Human Rights) Ministry of Home Affairs, Government of India and duly submitted by Mr. Yashpal Dabas; Director to the Government of India; Ministry of Home Affairs (vide Memo No. 15011/20/2011-HR.II) dated 20th April, 2011 to NHRC. In this report the Ministry informed the Commission about the visit of Joint Secretary (HR) to Char Paraspur village on 9th of March 2011 and submitted his inquiry report with his recommendation. In his recommendation the Joint Secretary categorically opined and recommended for i) BSF as a Border Guarding Force should not be involved in regulating movement of rice and other grocery items purchased by persons in border areas either for their consumption or for local trade. Though, the recommendation was made on a complaint in which the issue was movement of groceries and rice but the recommendation is self explanatory in nature while dealing with movements of any thing without an ulterior motive of smuggling and in this case, the victim made it clear before the civil authorities and BSF authorities  and elected representatives of local self government about his bona fide reasons and purpose for the same, the civil administration, elected local government and BSF higher up made approval for the same.

 In this connection I demand for immediate arrangement of the movement for Aizuddin Biswas’s cattle to Char Paraspur village without any restriction. Mr. Biswas must be compensated for his financial loss due to the whimsical and arrogant acts of the said BSF personnel, who denied the instructions from their superior officer. The said act of the BSF personnel must be enquired by an independent and competent authority. The practice of restricting movements at bordering areas in accordance to whims of BSF personnel must end with appropriate governmental/ departmental instructions.

 Thanking You

 (Kirity Roy)

 Secretary, MASUM   

 –

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

 

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