Complaint to NHRC on arrest of Maitree women activists in Kolkata #Vaw


To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi – 1

Respected Sir

I want to inform you that this morning members of a Kolkata based network of women’s group; Maitree, assembled peacefully outside the residence of Chief Minister; Ms. Mamata Bannerjee to submit memoranda on recent incidents of gang rapes on two students at Barasat and Krishnaganj; Nadia. The activists were assembled with few placards on their hands and clarified their intention to the police personnel; guarding the residence of the Chief Minister. The activist also tried to hand over the same on 10th of June at Writers Buildings, when the Chief Minister refused to met the delegation. This time the activists wanted to draw personal attention of the Chief Minister but instead of making the arrangements for the same and receiving the memoranda, the posted police authority arrested 13 women activists having ample social reputation. The arrestees were Ms. Anuradha Kapoor, Ms. Swapna, Ms. Kakoli Bhattacharya, Ms. Anchita GHatak, Ms. Shyamali Das, Ms. Ratnaboli Roy, Ms. Sharmistha Dutta Gupta, Ms. Shreya Sanghari, Ms. Madhura Chakroborty, Ms. Shreya Chakroborty, Ms. Sudeshna Basu and Ms. Aditi Basu. All the arrestees were whisked to Lalbazar Central Lock Up.

The act of the police having clear instances from the state government is not only infringement of article 19 (a) and (b) of Indian Constitution which clearly sated that – All citizens shall have the right to freedom of speech and expression; and to assemble peaceably and without arms; but again during the arrest the police violated the mandatory 11 point guidelines on arrest as directed by the honourable Supreme Court in the case of DK Basu versus State of West Bengal; while arresting not furnished the arrest memos at the time of arrest. Later, the arrestees and other civil society organisations came to know that the police arrested the persons for violating section 151 of Criminal Procedure Code. Again, section 151 of CR. P.C (Arrest to prevent the commission of cognizable offences) clearly stated that ‘A police officer knowing of a design to commit any cognizable offence may arrest….’ the question is whether these persons were assembled there to commit any cognizable offence? The answer is no. Further, the Supreme Court in his judgement defined that in case of bailable offences, making an arrest is illegal. The said assemble of women activists was peaceful and they wish to met the Chief Minister and handed over her a memoranda, which was not an offence itself and otherwise well inside the domain of rights of the people.

While MASUM contacted the Lalbazar Central Lock Up at around 11.30 am and asked for the information of arrestees, the attending police officer only said that ‘yes there are few women activists inside the lock up but other relevant information is with Kalighat police station, we contacted the Kalighat police station just after, the attendant, one ASI, who was the duty officer at that time said the Officer in Charge only can put light on the arrest and subsequent detention and he has gone to Arambagh and will be back after an hour. The intention of police was evident that they don’t want to disseminate any information. When the last information came the bonds for release of the arrestees were getting ready at the Central Lock Up.

UN Declaration on HRD (2nd December 1998) states –
“Article 1
Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.
Article 2
1. Each State has a prime responsibility and duty to protect, promote and implement all human rights and fundamental freedoms, inter alia by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political as well as other fields and the legal guarantees required to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy all these rights and freedoms in practice.”
In this regard I want to recall you about your primary responsibility of promotion and expansion of human rights for the people and demand for:-

1. The Commission must take cognizance against the police and start a case on their own
2. Commission must inquire and investigate the incident on their own
3. The errant police must be booked under the law and be prosecuted
4. The arrestees must be compensated for their loss
Sincerely Yours

(Kirity Roy)
Secretary, MASUM
National Convenor, PACTI

 

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- continuous attack on Human Rights Defenders , MASUM activists targetted


 

18 April 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New delhi-110001

Respected Sir,

The Declaration on Human Rights Defenders reiterates that States have a prime responsibility to promote, protect, and implement human rights and fundamental freedoms. To this end, State has responsibility to take all necessary measures, including adopting legal guarantees, to ensure that everyone can enjoy these rights in practice, individually and in association with others. In addition to this general obligation to promote and protect human rights; State should take all necessary steps to ensure that the particular rights and freedoms of human rights defenders are effectively guaranteed further and their activities get encouraged. I am referring here an incident where police; an active arm of the state not only violated this well accepted premise of protection of human rights of a defender but infringed fundamental freedom of a human rights defender. This is not an isolated incident, rather the local police- administration- BSF- anti- socials of the area are continuously trying to create hurdles to the activities on protection and promotion of human rights. In this regard I have made complaints to you whenever such attacks were perpetrated on our activists, but till date no visible actions have been taken, which in other hand encouraged the errant. Recently, I had a discussion with the officials over the issue at your office.

 

I want to draw your kind attention regarding the false implication, illegal detention and physical torture committed upon Mr. Mahiruddin Seikh and Mr. Safikul Islam by the police personnel of Raninagar police station, Murshidabad. Both of them are working as a Human Rights Defenders and attached with our organization i.e. Banglar Manabadhikar Suraksha Mancha (MASUM) in Murshidabad district for a long time.

 

On the date of the incident they went to Raninagar police station along with Ms. Kanchan Bibi who happens to be a victim of physical torture at her in- laws house and they wanted to lodge a complaint in this regard. But the perpetrator police personnel did not agree to register the complaint. The victims were brutally assaulted by the police personnel of Raninagar Police Station while they requested them to register the complaint. After that the victim Mr. Safikul Islam was falsely implicated, illegally detained and brutally tortured in the police station by the perpetrator police personnel while they came to know that the victim is a Human Rights Defender and attached with our organization.

 

Mr. Mahiruddin Seikh lodged a written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad informing the whole incident of brutal torture and humiliation committed upon him in the hands of the perpetrator police personnel of Raninagar Police Station; he also stated on that application regarding the matter of illegal detention, false implication and brutal torture committed upon Mr. Safikul Islam by the police personnel of Raninagar Police Station. But till date no action has been taken by the higher authorities.

 

It is important here to mention that it is not the solitary incident that the human rights activists like Mr. Safikul Islam who is attached with our organization has been implicated in a false and concocted criminal case by the police in the district. Recently Mr. Gopen Chandra Sharma who is a noted human right activist and attached with our organization was also implicated in false criminal cases initiated by police. It is to be noted that our organization with active participation and work of the human rights activists attached with our organization brought numerous incidents of human rights violations cases in the district-Murshidabad to the notice of the Commission and the Commission intervened into those cases.

 

It is clear that the human rights activists attached with our organization are under attack in the hands of the police as police and the administration want to throttle the voice of the victims of torture and on human rights violations which are raised through the human rights activists. The higher authorities of police and administration know such conspiracy of police against the human rights activists working in the district as several complaints have been lodged before them informing them on the incidents of attack upon the human rights activists by the police but they are sitting silent on the matter.

 

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

·       The whole investigation should be investigated by the Commission’s own investigating agency.

·       The concerned authorities in the district-Murshidabad must be directed to immediately stop harassment and attack upon the human rights activists working in the district and give them proper protection.

·       Mr. Safikul Islam should be released from all false charges immediately and the perpetrator police personnel of Raninagar police station must be booked under the law immediately for their unlawful acts and must be prosecuted under the criminal law.

·       The victims must be given adequate compensation and 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) Mr. Safikul Islam, son of- Mr. Majibur Raheman, by faith- Muslim, residing at Village- Char- Shibnagar, Police Station- Raninagar, District- Murshidabad, West Bengal. 2) Mr. Mahiruddin Seikh, son of- Mr. Panjatan Seikh, by faith- Muslim residing at Village- Khedurpara, Post Office- Harudanga, Police Station- Raninagar, District- Murshidabad, West Bengal.

 

Name of the perpetrators: – 1) Mr. Swarup Biswas (Sub-Inspector of Raninagar Police Station), 2) Mr. Ajay Paul (Sub-Inspector of Raninagar Police Station), 3) Mr. Anil Biswas (Sub-Inspector of Raninagar Police Station) 4) Mr. Abdul Kalam (Home Guard of Raninagar Police Station) of Raninagar Police Station, Murshidabad, West Bengal.

 

Date and time of incident: – On 28.03.2013 at about 6 pm.

 

Place of occurrence: – Inside Raninagar Police Station under Domkal Sub-Division, District- Murshidabad, West Bengal.

 

Case details: –

 

It is revealed during fact finding that Ms. Kanchan Bibi, the sister of the victim named Mr. Mahiruddin Seikh, spent her married life for two years and from the very beginning of her marriage her husband and other members of her in law’s house started to demand money from her paternal house. This situation became more serious when they did not get money from her paternal house and they started to torture her for that reasons.

 

On 25.03.2013 at 2.30 pm Mrs. Kanchan Bibi, was brutally assaulted by her husband namely Mr. Sentu Seikh, Ms. Sabiya Bewa (mother-in-law of Ms. Kanchan Bibi), Mr. Akkassh Seikh (brother-in-law of Mrs. Kanchan Bibi), Mrs. Beauty Bibi (sister-in-law of Ms. Kanchan Bibi) and Mr. Jamrul Seikh (son of Mr. Akkash Seikh and Ms. Beauty Bibi). They forcibly hit Mrs. Kanchan Bibi with some heavy weapon on her head. They wanted to try to kill her when they realized that they would not get money from her paternal house. She shouted after receiving brutal torture by them and she had to lay down on the floor with severe pain. The neighbors of Ms. Kanchan Bibi rashly came to her in law’s house to rescue her from the hands of the members of her in laws house. After that she was taken to the house of Mr. Jahadi by her neighbors and she got primary medical treatment in his house. After that the neighbors of Ms. Kanchan Bibi informed her father named Mr. Panjatan Seikh about the whole incident committed upon her by the members of her in law’s house and later the victim named Mr. Mahiruddin Seikh took his sister to his house and she was also medically treated in Raninagar Hospital after that.

 

On 28.03.2013 at 4 pm, the victim Mr. Mahiruddin Seikh and Mr. Safikul Islam who known as social activists in the locality went to Raninagar police station along with his sister Ms. Kanchan Bibi to lodge a written complaint regarding the brutal torture committed upon his sister by her husband and other members of her in law’s house. But they waited in the police station for over 2 hours but the police personal showed no mood to lodge a complaint. After that the victims along with Ms. Kanchan Bibi requested Mr. Swarup Biswas, the Sub-Inspector of Police of the said police station, to lodge a complaint after spending 2 hours over there but he started to harass them by saying that they could not lodge a complaint on the basis of that written application as they did not mention proper details to make the application as complaint. After that the victims and Mrs. Kanchan Bibi tried to convince the perpetrator police personal and told that they could show all documents which he wanted to register a complaint. Then the perpetrator police personal ordered the victims to furnish the certificate in connection with the marriage of Ms. Kanchan Bibi. But even after furnishing documents, the perpetrator police personal refused to lodge a complaint. The perpetrator police personal told them to change the complaint as per their demand and if they could to do that then he could lodge complaint on basis of that. After that the victims told the perpetrator police personal that they have sufficient document to lodge a complaint but the perpetrator police personal did not agree with them. The victims after that request the police personal to return the application on which basis they tried to lodge a complaint against the members of Ms. Kanchan Bibi‘s in law’s house. But the perpetrator police personal did not agree to return the complaint to them. Later the victim Mr. Mahiruddin Seikh tried to protest against such illicit behavior of police upon them and told that he did not know the reasons about such harassment upon his sister by the perpetrator police personal after knowing that his sister was going on severe pain due to the brutal torture committed upon her by the members of her in law’s house. The perpetrator police personal started to use abusive words to them and ordered Mr. Abdul Kalam to drive out the victims from the police station. Mean while the victim Mr. Safikul Islam prevented Mr. Abdul Kalam and requested him not to do that to him while the perpetrator police personal caught hold the victim Mr. Mahiruddin Seikh’s neck and drove out from the police station. After that the perpetrator police personnel outburst with anger and started to brutally assault the victims i.e. Mr. Mahiruddin Seikh and Mr. Safikul Islam by saying that they would teach him a proper lesson to them so that they could not able to do work with MASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization) again and also stated that they would teach all of them who have an involvement withMASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization). After that the victims were forcibly driven out by the perpetrator police personnel from the said police station after they got brutal physical torture and humiliation by the perpetrator police personnel. Mean while Mrs. Mamta Begam (informer of police personnel) and Mr. Amzad Husen (informer of police personnel) suddenly came to the said police station while the victims were moving out from the said police station towards their house. They provoked the perpetrator police personnel mentioning Mr. Safikul Islam and told that the victim has connection with every commotions throughout whole Char Area as well as he wanted to spread terror throughout the whole Char Area by using the name ofMASUM (Banglar Manabadikar Suraksha Mancha- A Human Rights Activist Organization) and they also said that the victim has an involvement with those persons who always tried to make conspiracy against the police personnel. The victim always intimated the people at Char Area against the government. Mr. Anil Biswas and other perpetrator police personnel namely Mr. Abdul Kalam and Mr. Ajay Paul rashly run towards the victims after listening to all this from their informers. They caught the victim Mr. Safikul Islam’s shirt from behind. He was brutally assaulted by the perpetrator police personnel of Raninagar police station while the perpetrator police personnel started to forcibly drag him to the same police station and illegally detained him in the same police lock up without giving him any explanation regarding the illegal detention after that. He was illegally detained in the police lock up of Raninagar police station for several hours. After that the perpetrator police personal Mr. Abdul Kalam took the victim to Ghodhonpara Health Centre for medical treatment and the victim got preliminary medical treatment in the said Health Centre by Dr. Tanmay Sarkar. After that the perpetrator police personal Mr. Swarup Biswas willfully influenced Dr. Rama Prasad Majumder (Medical Health officer of Ghodhonpara Health Centre) and requested him not to furnish those type of prescription which proved that the victim was tortured by them and also requested him to admit Mr. Abdul Kalam to his health centre so that they could prove that Mr. Abdul Kalam was brutally tortured in the hands of the victim and they could falsely implicate the victim in a criminal charge.  After that Mr. Abul Kalam lodged a written complaint before the Officer-In-Charge of Raninagar Police Station informing that the victim came to Raninagar police station to lodge a complaint regarding the torture committed upon Ms. Kanchan Bibi and mean while suddenly a controversy was started between the victim and Mr. Abdul Kalam regarding that matter. After that suddenly the victim started to assault him without any reasons. He was seriously injured by the assault. After that a First Information Report was lodged on the basis of that complainy by the perpetrator police personnel and the victim was implicated vide Raninagar Police Station Case No- 212/2013 dated 28.03.2013 under sections 186/353/333/307 of Indian Penal Code. On 29.03.2013, the victim named Mr. Safikul Islam was produced before in the court of Additional Chief Judicial Magistrate, Lalbagh but the court rejected his bail application.

 

On the same day, another victim named Mr. Mahiruddin Seikh was medically treated by Dr. Nishir Kumar Sarkar. On 01.04.2013, he lodged a written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad informing the whole incident of brutal torture and humiliation committed upon him in the hands of the perpetrator police personnel of Raninagar Police Station as well as he also stated on that application regarding the matter of illegal detention, false implication and brutal torture committed upon Mr. Safikul Islam by the perpetrator police personnel of Raninagar Police Station. But till date no action has been taken by the higher authorities.  On 06.04.2013, the victim Mr. Safikul Islam was produced in the court again and the court released the victim on the basis of allowing his bail application.

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Safikul, HRD attached to MASUM 

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COMPLAINT SUBMITTED TO SP ON 8.4.2013

 

 

West Bengal – Octogenarian widow is starving – government apathy #Vaw


 

11th April 2013

 

To

The Hon’ble Chairperson

West Bengal Human Rights Commission

Bhabani Bhaban

Alipur

Kolkata – 27 

 

Sir

 

I want to draw your attention on the impecunious living of an aged woman at the Polta village under Aturia Gram Panchayet. Ms. Madari Dasi Biswas, wife of Late Guricharan Biswas, aged about 89 years, a resident of village -Polta under Aturia Gram Panchayet of Badurai Block and Police Station. She lost her husband years back and now living with her two sons. She lives in a dilapidated hutment with pouring roof. He sons fend themselves by catching fish but not looking after their aged mother. She is now totally dependent on alms from her neighbors. She is unable to work due to her age.

 

This poor woman was erstwhile getting old age pension and in this connection opened an account in post office in the year 21.1.2008 and received first installment of Rs. 2000 on 24.12.2008, and last on 15.10.2009 of Rs. 400. All of a sudden her pension was stopped by the block administration. She contacted the local panchayet member and pradhan to know the reason, the panchayet members and pradahan not made any heed and directed her to contact the Baduria Block administration. She found the block administration equally unresponsive on her woes. Later, the local panchayet member told her that the age written in her voter identity card (EPIC) is lower and not attract the facilities under old age pension. The aged woman was forced to ferry between the block administration and the member/ pradhan of gram panchayet; while both tried to shirk their responsibility, though she is not in proper physical shape to walk the distance. On 27.07.2011 she made a written complaint to the Block Development Officer; Baduria. Again the Block administration asked her to meet the pradhan of the panchayet. At last she made a complaint to the Sub Divisional Officer; Basirhat on 18.3.2013, but, without any respite.

 

The poor woman has been suffering for the administrative wrongs and mistakes for which she is not distantly related. In the EPIC (Identity Card WB/14/094/426232), her age has been stated as 30 years as on 1.1. 1995, and in sharp contrast, her son Mr. Kartik Biswas’s age has been stated in the EPIC (WB/14/094/426007) as 40 years as on 1.1.1995.  In the voter list of 2011, the gaffe continued, as it shows in part number 127 of Polta, Purba Para, Mouza- Polta, JL No.- 99, Village and Post- Aturia, Police Station- Baduria, the serial no. 452 is of Mr. Kartik Biswas; the son of the victim woman; his age has been shown as 56 years and the serial number 453 is of the victim; her age has been shown as 46 years. So, the mistake was on the part of the administration, and they are duty bound to rectify the same without any delay.

 

In this connection I request and demand to you for:-

 

·       The age dispute of the victim woman should be rectified without delay and during the course, she must not face further harassments and troubles

 

·       The victim must be provided with prescribed assistance or benefits in accordance to the state deliverances; Old Age Pension and Antodaya and Annapurna Yojna

·       The victim should provided with a proper shelter and safety and security of the victim should be guaranteed with due protection measures

·       The irresponsible and delinquent block administration and Panchayet officials should be charged for non compliance of their official duty

·       The responsible authority who made mistake regarding her age in the EPIC must be punished

 

Thanking You

 

(Kirity Roy)

Secretary – MASUM

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Madari Dasi Biswas

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Roof of Madari’s palace

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- Torture to death by police & faulty post mortem examination procedure


18 March 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 a gruesome killing of a person in front of his wife and other passengers by Government Railway Police personal. The deceased was on his way to a pilgrimage place and taking rest at Berhampore railway station. The erring GRP personal was in inebriated condition and came down heavily on the victim without any reasons. Later he was pushed to railway track by the said GRP personal and not provided with any urgent care either by other personnel presents at the adjoining Government Railway Police Station of the said railway station. He profusely bled at the railway track seething with pain, later admitted to hospital by his wife and other passengers.

 

As reported, the only fault of the couple was while inquired about the name of the woman by the said GRP personal, she used her paternal surname instead of her husband’s; the ‘moral police’ found it so offensive that he bashed him savagely and then pushed him to the railway track and whole personnel at GRP Station waited for his death by not extending minimum help to the victim.

Though, it has not come into fore but I have serious doubt that the woman was sexually assaulted by the said personal and while her husband tried to resist, he was meted with severe physical aggression.

 

I am providing you a photograph of the victim’s body, lying at the floor of the Bahrampur Morgue after post mortem examination was done over the body. Beside of the body, a hammer and chisel were lying. It is evident by the photograph that those two instruments were used to perform the examination and specifically to open the skull by the DOM.  The incident again proving our opinion that in all over the region post mortem examinations are routinely performed by illiterate doms instead of doctors. You can imagine the fate of an investigation when this major component of criminal jurisprudence is utterly neglected.

 

The procedure of autopsy maintained by the Home Department of government of West Bengal not only unscientific but also inhuman and derogatory for dead.

 

I am appending details of the incident for your reference and demand for:-

 

  • The incident must be investigated by an impartial agency; not by the Government Railway Police, as the current status is, the wife of the victim and other passengers who were present during the incident must be incorporated with the investigation
  • The involvement of all the personnel present at the said GRP Station at the time of incident must be investigated
  • As the deceased’s movement  was technically under custody/ control of the GRP personal; the NHRC guidelines on custodial death must be followed in this case
  • The widow and other witnesses must be provided with proper safety and security
  • The widow must be financially compensated from the coffers of the errant personnel
  • The age-old wrongs on part of post mortem examination must be stopped to ascertain actual cause of death, which is prerequisite for criminal investigations in such cases

 

Sincerely Yours

 

 

 

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

 

 

Name of the victim: – Mr. Dilip Ghosh(deceased), Son of- Mr. Khagendranath Ghosh, aged about-47 years, By faith- Hindu, By profession- Quack, residing at- Khairamari (Nakpara), Police Station- Bongaon, District-North 24 Parganas, West Bengal, India.

 

Name of the perpetrators: – Mr. Paritosh Sarkar, On-duty Constable of Government Railway Police, Berhampore Court Railway Station, Police Station- Berhampore, Murshidabad. 2) Officer-in-Charge of Berhampore Court Railway Station GRPS. 3) On-Duty Station Master of Berhampore Court Railway Station.

 

Date and time of the incident: – On 12.03.2013 at about 1-30 am.

 

Place of the occurrence: – In front of Government Waiting Room at Berhampore Court Railway Station, Murshidabad

 

Case details: –

It is revealed during our fact finding that Mr. Dilip Ghosh and Ms. Ruma Biswas were married for last 15 years, though his family had objections on his marital status and the couple was forced to live at Kakdweep and not staying with the family. On 11.03.2013 at evening, the childless couple started for Tarapeeth (a pilgrimage) to sought blessings from the deity to fulfill the wanting of child.

 

On 12.03.2013 at midnight, the victim and his wife Mrs. Ruma Biswas reached at the Berhampore court railway station after making a long journey by a train. After reaching at Berhampore; they decided to commence their journey towards Tarapeeth at early morning by a bus and they decided for taking rest at the Government waiting room of the Berhampore Court railway station.

 

At about 1 am on that night, the Government Railway Police personal; Mr. Paritosh Sarkar suddenly came to that waiting room in an inebriated condition and at that time he was in uniform and started to drag both of them (the victim and his wife) towards the railway track. The perpetrator GRP personal asked the victim’s wife about the actual relation between them. The victim’s wife tried to satisfy the GRP personal by saying that they are married and as spouses to each other. But the said GRP personal was not satisfied. After that the GRP personal asked the victim’s wife about her name and she answered by using her paternal surname instead of her husband’s. The said GRP personal suddenly started to verbally abuse the couple after hearing the different surnames of the couple. The victim tried to protest. The victim was brutally thrashed by the said GRP personal and was dragged towards Government Railway Police Station of Berhampore Court station. Meanwhile, the said GRP personal suddenly pushed the victim on the railway track from the platform number 1 of the station. The witnesses told that the wife of the victim requested the said GRP personal to leave his husband. But the GRP personal refused to leave the victim and not rescued him either. The victim was laid down on the railway track for a long time. No railway staff came. After that the wife of the victim took him to Murshidabad Medical College with the help of other passengers present at the railway station by one cycle rickshaw. The On-Duty-Doctor of the said medical college declared the victim as brought dead at around 2 am. The wife of the victim lodged a written complaint which was treated as First Information Report (F.I.R) and a case has been initiated vide Berhampore Government Railway Police Station case no-04/13 dated 12.03.2013 under section 302 of Indian Penal Code at 5.45 am by the the offending police station. The post-mortem examination over the body was conducted vide post-mortem serial no. 221 at Berhampore Morgue. Mr. S. S Bhattacharya; Sub Inspector of the Berhampore GRPS has been appointed as Investigating Officer.

 

On the same day, the GRP personal was produced before the Additional Chief Judicial Magistrate Court, Berhampore and the court ordered for three days’ police custody (GRP). It is reported that Mr. Asis Roy; the then on duty officer of Berhampore GRPS has been suspended and closed at Dumdum for temporary effect.

 

On 14.03.2013, Mr. Khagendranath Ghosh; the father of the victim, lodged a written complaint on behalf of the victim to the Superintendent of Police, Barasat informing the death of the victim.

Inline images 1

 


    Body is lying at floor of Baharampur  Morgue and tools used by DOM to open the skull
 Inline images 2
 


Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity

 

Is Police Officer Sandip Sen, of Murshidabad district is above the law?


12 March 2013

 

To

The Chairman

Faridkot House

Copernicus Murg

New Delhi-110001

 

Respected Sir,

 

 

I want to draw your kind attention regarding the unchecked torturous acts by Mr. Sandip Sen, presently Officer-in-Charge of Islampur Police Station, Murshidabad, though we have made consecutive complaints to your Commission and other governmental authorities but with our utter shock and disguise we found that his unbridled acts of torture upon the marginalized populace of the area under his jurisdiction has increased leaps and bounds. This present incident of physical torture and threats upon the victim; Mr. Mijanur Rahman by Mr. Sandip Sen was in continuation of that. Our fact finding report gives the details of the incident.

 

 

The incident was in continuation of brutal police torture upon  (1) Mr. Mahammad Seikh, son of- Late Khokan Seikh, aged about- 65 years; (2) Mr. Pintu Seikh, aged about- 35 years; (3) Mr. Kader Seikh, aged about- 39 years; (4) Mr. Mukul Seikh, Son of- Mr. Sakatulla Seikh, aged about- 18 years; (5) Mr. Sentu Seikh, son of- Mr. Kurman Seikh; (6) Mr. Tufani Seikh, Son of- Mr. Sentu Seikh, aged about- 17 years, all are residing at village- Darakati Barbona, Post Office- Maricha, Police Station- Islampur, District- Murshidabad on 12.11.2012 by the police personnel of Raningar and Domkal police stations, led by the officers in charge of the said police stations and circle inspector of Domkal. Mr. Pintu Seikh has been illegally detained at Domkal police station from 12.11.2012 to 15.11.2012. Mr. Pintu Seikh was later sent to prison in connection with Islampur Police Station Case No. 299/12 dated 12.11.2012 under sections 147/ 148/ 149/ 326/ 353/ 307 Indian Penal Code; sections 25 &27 of Arms Act and sections 3 & 4 of Explosive Substances Act. The victim, Pintu, made a prayer before the court on his illegal detention and torture committed upon him. It made the Officer in Charge of Domkal Police Station furious. The Officer in Charge of Islampur police station raided the house of Mr. Pintu Seikh, out of utter vengeance, on the midnight of 16.2.2013. He was brought into the police station and severely tortured by the said Officer in Charge and allegedly forced him to withdraw his complaint against Mr. Sandip Sen; the Officer in Charge of Islampur Police Station by obtaining his signature in a blank paper. While, his brother in law; Mr. Mijanur Rahman came to know the incident, he rushed to Islampur and after consulting few activists, was writing a complaint for the Superintendent of Police- Murshidabad. Mr. Mijanur Rahman assisted our activists in previous occasions on the issues of torture at the area. 

 

On the date of incident Mr. Mijanur Rahman tried to meet his Brother-In-Law; Mr. Pintu Seikh at Islampur police station, where he was illegally detained and tortured. But the perpetrator police personnel did not allow Mr. Mijanur Rahman to meet his brother-in- law. Then the victim tried to send a written complaint to the Superintendent of Police, Murshidabad to reveal the illegal detention and physical torture to his brother in law by Mr. Sandip Sen; Officer in Charge of Islampur Police Station, while he was writing the complaint at nearby tea stall, he was forcibly lifted and brought to Islampur police station by the police personnel of Islampur PS on the direction of Mr. Sandip Sen. He was not only resisted to meet Mr. Pintu Seikh but was brought to Islampur police station and brutally thrashed.  After that the victim was illegally detained in the police lock up of Islampur Police Station and was beaten in the lock up again and later released without any prescribed precudure, during his detention, he was forced to accompany the police personnel in raids at Bahrampur in search of Mr. Gopen Chandra Sharma; our activist. The brother of the victim lodged a written complaint to the Superintendent of Police, Murshidabad on 19.2.2013. But till date no actions has been taken by the higher authority of the police. We made medical treatment available to Mr. Mijanur Rahman at our end. Now, he is under tremendous psychological distress and due to threats not in a position to make a complaint.

 

I am appending a detail of the incident herewith, as well want to remind you that the previous case study regarding the illegal detention and physical torture on Mr. Pintu Seikh is with you.

 

Hence I seek an urgent intervention regarding this matter in the following manner: –

 

  • ·       The whole incident must be investigated by an independent agency
  • ·       Mr. Sandip Sen; the Officer in Charge of Islampur Police Station must be booked under the provisions of law for his acts which has crossed every proportion of misdemeanor 
  • ·       The victims must be provided with ultimate safety and security
  • ·       The other police personnel must be booked under the law and must be booked for threatening and abusing the victims.

 

Thanking You

 Yours truly,

 

 

 (Kirity Roy)

Secretary, MASUM

&

National Convener, PACTI

 

 

Name of the victim: – Mr. Pintu Seikh and Mr. Mijanur Rahman, Son of- Mr. Aktar Seikh, Age- about 38 years, residing at Village- Sahebnagar, Police Station- Jalangi, District- Murshidabad, West Bengal.

Name of the perpetrator: –

  • ·       Mr. Sandip Sen (Officer-In-Charge of Islampur Police Station)
  • ·       Mr. Tushar Babu (Sub-Inspector of Islampur Police Station)
  • ·       6/7 other involved police constables of Islampur Police Station, Murshidabad

Date and time of incident: – On 16.02.2013 at 1 PM and thereafter.

Place of the incident: – In a tea shop near Raj Hotel under Islampur Police Station, Murshidabad

 

Case details:

The victim in this report was the brother-in-law of Mr. Pintu Seikh. Mr. Pintu Seikh was tortured by the police of Islampur on 12.11.2012 and illegally detained till 15.1.2012. On that incident Mr. Pintu Seikha and his four companions were brutally assaulted by Mr. Sumit Talukdar (Officer-in-Charge of Raninagar Police Station), Mr. Sandip Sen (Officer-in-Charge of Islampur Police Station), Mr. Swapan Poddar (Assistant Sub-Inspector of Islampur Police Station) and about 29/34 police constables of both Raninagar and Islampur police stations. After that Mr. Pintu Seikh’s four companions were produced before the Lalbagh court on 13.11.2012. But Mr. Pintu Seikh was not produced before the court on that day. He was illegally detained at Islampur police station. One written petition was moved in the Lalbagh court describing the incident of illegal detention of the Mr. Pintu Seikh. The court directed the Investigating Officer to submit a report regarding the matter of the incident of illegal detention. But the report by the Investigating Officer clearly mentioned that Mr. Pintu Seikh was arrested on 14.11.2012, which was false and fabricated. So the allegation of illegal detention of Mr. Pintu Seikh in the Islampur police station came as counterfeit. Mr. Pintu Seikh was produced before the court on 15.11.2012. After that Mr. Pintu Seikh filed an affidavit through his advocate regarding his allegged illegal detention vide General Records 3202/12 in the Lalbagh Court, Murshidabad. On 29.01.2013, he filed a complaint under section 156(3) of the Code of Criminal Procedure before the Lalbagh court praying punishment for the perpetrator police personnel.

 

On 16.02.2013 at 1 am, the perpetrator police personnel came to the village of Mr. Pintu Seikh by a police van and surrounded his house. After that Mr. Sandip Sen illegally trespassed into his house without taking any lady police constables with him at the wee hours. Mr. Sandip Sen awaken Pintu Seikh and his wife from sleep and threatened Pintu Seikh to withdraw the complaint which he filed before the Lalbagh Court regarding previous incident of illegal detention and police torture meted upon him . But Pintu Seikh refused to do so. The perpetrator police personal tied his hands on his back with a piece of cloth and verbally abused and dragged him to their car and threatened him by saying that he would be falsely implicated in a ‘Ganja’ (narcotic) case. The perpetrator police personnel took him to the Islampur police station and detained him at the said police station.

 

On the same day; Mr. Mijanur Rahman went to the Islampur police station taking his sister, the wife of Mr. Pintu Seikh to meet with the victim, but the police personnel of the said police station did not allow them to meet with Mr. Pintu Seikh. After that in an adjoining tea shop of Raj Hotel, Mr. Mijanur Rahman was trying to make a written complaint to the Superintendent of Police; Murshidabad revealing the incident of harassment and threats upon Mr. Pintu Seikh by the perpetrator police personnel of the Islampur police station. Suddenly Mr. Tushar Babu accompanied with six or seven other police constables of Islampur Police Station came to that tea shop after getting the information from an unknown person that the victim was trying to write a complaint to the Superintendent of Police, Murshidabad. The police personnel caught the victim by his clothe and started beating him and dragged the victim to their parked vehicle. The police personnel took the victim to the Islampur police station and detained him in the lock up of the said police station. The witnesses of the incident were; Mr. Linton Seikh, Mainul Seikh, Abdul Kadir and Babu Seikh, who were present in the said police station at that time to see Mr. Pintu Seikh. The police personnel threatened the victim that he would be implicated into false cases. Mr. Sandip Sen threatened the victim and other witnesses; Mr. Linton Seikh, Mainul Seikh, Abdul Kadir and Babu Seikh that all would be implicated into false charges. Mr. Mijanur Rahman later released from the Islampur police station on 17.2.2013.

 

On 18.02.2013, the perpetrator police personal Mr. Sandip Sen, allegedly compelled Mr. Pintu Seikh to withdraw his complaint by obtaining false and fabricated documents from him. Mr. Sandip Sen even threatened Mr. Pintu Seikh and his family by saying that they would be finished if they further try to lodge a complaint against him.

 

On 19.02.2013, Mr. Mainul Seikh, the brother of the victim, on behalf of the victim lodged a written complaint before the Superintendent of Police, Murshidabad informing the incident of physical torture and threats upon the victim by the perpetrator police of Islampur police station. 

 Inline images 1

 Mr. Mijanur at MASUM office
Inline images 2
 
    Mr. Pintu 

 

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


Inline images 1

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 -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.

 

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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