Police of Murshidabad planfully attacking activists of MASUM


25 May 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi

 

Respected Sir

 

 

 

I want to draw your attention on incidents of consecutive threatening on our District Human Rights Monitor; Mr. Azimuddin Sarkar, a resident of Village- Bardhanpur, Post Office- Murddpur, Police Station- Raninagar, District- Murshidabad. Previously, I made a complaint regarding attacks by anti social elements on the aide of local police from Raninagar Police Station of Murshidabad district on 14th October 2012, when his elder brother’ house became attacked and looted. Though, I made request for his and his family’s security and safety, but now it is evident that it was not heeded.

In recent incident, the house of Mr. Azimuddin Sarkar was attacked yesterday; 24.5.2013, but this time not by the anti- socials but the police only. Just now, I have received information that a posse of 8 police persons; all were in civil attire, not in their uniforms, attacked his house, ransacked, looted and broke open all the doors of his household, while he was not present to his home. The said police persons were identified by his son; Mr. Faruk Kamran and other eye witnesses of his neighborhood as Mr. Ajoy Pal; Sub Inspector of Raninagar and Mr. Swarup Biswas; Sub Inspector of same police station. They even informed that all others can be identified by them if produced. This atrocious and heinous act of police aggression started at 11 pm on the date and continued for next one hour. On that time, Mr. Azimuddin Sarkar was on his way to home from our office. It was reported that the police personnel came by a vehicle with registration number WB– 24 K- 7678. They forcibly entered his home by breaking the tin made entry gate and subsequently broke open the door of the room, where his wife Ms. Nazma Sarkar was fast asleep. They were astonished and shocked by the sudden presence of police and their door breaking noises. The police party asked for Mr. Azimuddin Sarkar, while the family said that he was out of home and would be back, it made the police berserk and furious, they broke open every doors of the house in search of Mr. Sarkar. In between, while one of the son asked the justification of their forcible entry, Mr. Ajoy Pal said if you ask questions, I will fire you. The police party was without any female staff, and while questioned over their looting spree by Ms. Nazma Sarkar, they hold her hands and tried to unclothe her. The daughter of Mr. Sarkar; Ms. Safinaj Nasreen, who happen to be a student of a prestigious college at Kolkata, was forcibly lifted from her bed and asked her to stand. In the melee, the police party threatened to kill another son of Mr. Sarkar; Mr. Tarik Kamran. During this incident, the police party looted, one gold bangle and one necklace from Mr. Nazma Sarkar, one gold neck chain from Ms. Safinaj, two used mobile phones and Rs. 35000 by breaking a steel almirah, the money was meant for purchase of a portion of parental land property. During the loot, the police devastated all the wooden furniture and two bicycles. The police during their destruction and looting spree, threaten the whole family by making several warnings the gist of their threats was that ask Mr. Sarkar to not teach us human rights, we can frame you in fake charges and thereafter will bash you to death and warned against making any complaints to any authorities. There are few witnesses who saw all the happenings but failed to protest due to the demonic behavior of the police party. The witnesses are: Mr. Anarul Islam; son of Late Bainuddin Sarkar, Mr. Ataur Rahaman, Ms. Selina Bibi; wife of Mr. Alamgir Seikh and Mr. Alamgirh Seikh and others.

Our experience in Murshidabad district draw us to conclude that the police and local anti socials are working in unison to check the initiatives taken to establish human rights environment. They have taken measures to intimidate, defame and threat our district level activists in three consecutive occasions in recent past, i.e, Mr. Ajimuddin Sarkar, Mr. Safikul Islam and Mr. Gopen Chandra Sharma. All the details are with the National Human Rights Commission and major international agencies has voiced their anguis over the recent attacks on MASUM’s human rights defenders at Murshidabad district.    

 

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 several 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.

 

As the district police of Murshidabad, concurrently trying to diminish the human rights endeavors to shield their involvements in corrupt and atrocious deeds, which is contravene of legal guarantees of the citizenry, has started an all out attacks on our activities and activists, and devoid of any human rights practice must be cautioned and suggested for more prudence by your Commssion.

 

In this context, I demand for:-

 

1.    Immediate intervention over the issue and guarantee of ultimate safety and security of Mr. Azimuddin Sarkar and his family 

2.    Protection of Mr. Sarkar according to the International Conventions on Human Rights Defenders

3.    The criminal acts of Mr. Ajoy Pal and Mr. Swarup Biswas with other police personnel must be investigated by an independent agency and subsequent booking in appropriate sections of penal provision

4.    Mr. Azimuddin Sarkar must duly compensated for the financial loss, he incurred due to police loot and defamation and disrepute caused by raiding his residence in midnight

 

 

Sincerely Yours

 

 

(Kirity Roy)

Secretary


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 – 5 year old girl raped, police shielding the accused #Vaw


 

15 May 2013

 

To

The Chairman

West Bengal Human Rights Commission

Bhabani Bhaban

Alipur

Kolkata – 27

 

Respected Sir,

 

I want to draw your kind attention on an incident of inhumane rape on a minor girl of only five years of age and subsequent inactions of police of Raninagar Police Station Our fact finding report provides the detail of the whole incident. It is revealed during the fact finding that the police of the said police station refused to register the complaint of the victim family in first instance and though arrested the alleged accused but after pressure from the influential  family of the accused; made him scot free, though, registered the complaint on later date, not arrested the accused till date. The accused boy is also a minor. The physical condition of the girl is grave.

 

The police personnel of Raninagar police station suggested the family of the victim girl for arranging early treatment of her while asked to register their verbal complaint as the family members was literate. The police personnel told the father of the minor child to make a written complaint against the accused so that they could take appropriate steps against the accused while the father of the minor victim asked the reasons regarding the release of the accused from their custody instead of producing him before the court. On 20.04.2013, Mr. Nabiul Islam lodged a written complaint on behalf of the minor girl before the Officer-In-Charge of Raninagar Police Station. But till date no appropriate actions have been taken by the police personnel of the said police station and the accused is at in large.

 

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

·       The accused must be arrested immediately

·       The role of the police personnel of Raninagar Police Station regarding their negligence and acquiescence with the accused and his ‘influential’ family must be investigated by an independent agency, and subsequent charges must be framed against the involved police personnel in accordance to the law

·       The family of minor girl should be financially compensated for the medical expenses incurred

·       The family must be provided with security and safety during the trial.

 

Thanking you

Yours truly

 

Kirity Roy

Secretary, MASUM & National Convener, PACTI

 

 

 

Name of the victim: – Ruma Khatun (name withheld), daughter of- Mr. Nabiul Islam, aged about 5 years, residing at Village- Ramnagar Natun Para, Post Office- Ramnagar DK, Police Station- Raninagar, District- Murshidabad.

 

Name of the perpetrators:- Mr. Diken Seikh, son of Mr. Sentu Seikh of Village- Ramnagar Natun Para, Post Office- Ramnagar DK, Police Station- Raninagar, District- Murshidabad and involved police personnel of Raninagar police station

 

Date and time of incident: – On 18.04.2013 at 2 pm.

 

Case Details: –

 

It is revealed during our fact finding that Mr. Nabiul Islam the father of the minor victim is living with his wife Ms. Layla Bibi along with the victim girl. Though Mr. Nabiul Islam is from Backward Class of Muslim Community, he and his family does not possess the certificate for the same. The family lives under abject poverty but their names have not been listed in Below Poverty Line (B.P.L) list either. The girl used to attend the local ICDS (Integral Child Development Scheme) Centre.

 

On 18.04.2013 at 2 pm, the girl was playing at adjacent mango orchard to her house with her friends. In the mean time the accused Mr. Diken Seikh, son of Mr. Sentu Seikh came to the place and made consecutive sexual gestures towards the girl while she was playing. The accused thereafter allured the girl by giving her a chocolate and took her to a nearby wheat field. The victim suddenly pushed down the minor girl on the field and jumped upon to her body. He abruptly tore open her clothes and forced upon her. The accused raped the minor with savaged cruelty. The minor girl made alarm while she was wreaked in severe pain and became senseless. The accused left the bleeding girl and fled from the scene. Few villagers suddenly came to the spot and informed Ms. Layla Bibi; the mother of the girl, about the incident. Ms. Layla Bibi came to the place and rushed her daughter to Godhonpara Primary Health Centre for medical treatment. But the doctor of that Primary Health Centre transferred the girl to Berhampore Matri Sadan Hospital for better treatment after examining her injuries received during the alleged rape.

 

On the very day of the incident, the parents of the victim went to Raninagar Police Station to lodge a complaint. But the police personnel of the said police station suggested them to get treated the girl at first, and then to make the complaint.  In the meantime the police arrested the accused on the basis of oral complaint by the parents took him to the police station, not to juvenile home, but later released him after his family interfered and “influenced” the police, instead of producing him before the court. Fact finding revealed that the maternal uncle of the accused is an influential political personality of the locality.

 

On 20.04.2013, Mr. Nabiul Islam lodged a written complaint over the incident, and police registered the complaint as an First Information Report (F.I.R.) and initiated a case against the accused vide Raninagar PS Case No. 272/2013 dated 20.04.2013 under section 376 (2) (f) of Indian Penal Code. But till now no appropriate actions have been taken by the police personnel of the said police station and the accused is still at large.

 

On 25.04.2013, the minor girl was discharged from Berhampore Matri Sadan Hospital after a heroic battle over the critical injuries which she received during a savage aggression upon her.

 

On 03.04.2013 at 8 pm, our fact finding team called to Mr. Ajay Pal; Sub Inspector of Raninagar police station and investigating officer of the case over telephone (03481-238038) and wanted to know the details of ongoing investigation and about the intended arrest of the accused. But the said IO of the case told that he did not know anything about the incident and abruptly disconnected the line.

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   VG was admitted in district hospital for injury at genital organ  

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Signature and acceptance of Mr. Ajay Pal, S.I.                                                                                        of Raninagar P.S. as Investigating Officer of the case 

 


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

 

 

#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

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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