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

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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.

   VG was admitted in district hospital for injury at genital organ  

 

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

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#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.

Safikul, HRD attached to MASUM 

COMPLAINT SUBMITTED TO SP ON 8.4.2013

 

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West Bengal – Inhuman torture by BSF, false police case

9 April 2013

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

Respected Sir,

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

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

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

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

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

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

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

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

Thanking You

Yours truly

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

 

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

Name of the perpetrators: –

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

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

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

 

Case details: –

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

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

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

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

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

Sariful

—

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#India- Dalit woman languishing in penury for 7 months ,officials are sleeping ,- Pl don’t disturb #Vaw

 

10 January 2013

 

To

The Hon’ble Chairman

NHRC

Faridkot House

Copernicus Marg

New Delhi – 1

Ref. Our earlier complaint dated on 23^rd July and 31^st July 2012

Respected Sir

 

I want to draw your attention on the impecunious living of few aged women at the Char area of Raninagar Block- II. Though, on 16th of August, the Block Development Officer of Raninagar Block-II, called Ms. Agni Oraon; wife of Late Ludhu Oraon; aged about 72 Years, Ms. Kamala Bewa; wife of Late Panjatan Sekh; aged about 75 years and Ms. Minoti Mondal; wife of Late Jiten Mondal; aged about 76 years, all residents of village- Char Sahebnagar, Post- Borderpara, Block- Raningar- II of Domkal Sub Division to his office, where he made assurance that all of them will be distributed with constructed house in 3 decimals of land and they will be enlisted in BPL listing and as beneficiaries under Annapurna Yojna and provided with food grains. We understood that BDO Raninagar ll acted upon your Memo No. 1198/EN/JM dated 21 August 2012. But till date no positive measures have been taken for the same.

 

In this connection we made it clear in our previous communiqué that there are score of other such persons living in penury at the said area; who lost their livelihood in perennial river erosion.

 

In this connection we referred names of Ms. Malati Oraon, belong to Schedule Tribe community, aged about 43 years, w/o Mr. Sentu Oraon, estranged by her husband and forced to live in destitution while not getting any prescribed state deliverances. She is living with her daughter Smt Bisakha Oraon, aged about 11 years and mentally deranged brother Sri Biresh Sardar s/o Kantamoni Sardar aged about 62yrs. She lives at Village- Char Sahebnagar, P.O. Border Para, Police Station – Raninagar, Dist: Murshidabad, Pin Code – 742308 and Ms. Sarathi Mondal belong to Schedule Caste community, aged about 43 years, wife of Late Haripada Mondal and living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad. We have made appeals for extensions of benefits of these persons under governmental deliverances before your good office on 23^rdJuly and 31^st July 2012, respectively.

 

Ms. Malati Oraon erstwhile living at Nirmal Char of Char Borderpara locality under Malibari Gram Panchayet became homeless with nearly 1000 of her neighbors after the devastating erosion caused by the river Padma and they had to shift from the said place without any of their belongings. They started living at Char Sahebnagar after erecting nearly 100 small thatched huts on a road and living there for nearly 12 years. The road, on which they have built their huts, is not a main thoroughfare of the village rather a less used road by the villagers for transporting their agricultural inputs. The land detail of the said road is Mouja: Bansh Gara, J.L No. 87, Daag – 1761/1630. Ms. Malati Oraon was in a precarious condition because her husband Sri Sentu Oraon had left her with their minor girl child namely Bisakha Oraon of 11yrs to fend. The destitution increased as she has to maintain her mentally retarded elderly brother.  Malati is in brink of starvation with her two dependent because the apathetic attitude from panchayet as well as block level civil governance and absence of mandatory provisions for destitute.

 

Ms. Malati Oraon and her neighbors of the village Char Sahebnagar were tortured inhumanly almost regularly by a group under the lead of two persons namely Jhalu Mondal and Ravi Mondal of the same village. According to Malati this group was acting under the bad influence and instruction of Head of Gram Panchayet of Malibari – 1 and Head of Gram Panchayet of Kalitala – 1. Jhalu Mondal and others were creating trouble to Malati & her neighbors with an ulterior motive to vacate them from their dwellings and use the place for their benefits.  The schedule tribe families of this area are in a very pathetic condition due to negligent attitude of duty bearers.

 

On 05.04.12 around 4pm at afternoon when 62 yrs old Biresh Sardar, a mentally retarded person was returning home with his cow then on his way back Jhalu Mondal and Ravi Mondal with some other people attacked him with bamboo stick and rod and started beating him. Malati came to save her brother from the battering and she was also brutally beaten by these miscreants. Malati and her bother were severely injured and they were profusely bled they did not have even on their sense. When the neighbours found them in the poor condition they rescued them and brought them to Godhapara Primary Health Centre for medical treatment. The treatment was done in the hospital and on 06.04.12 Malati Oraon lodged a complaint to the Officer- In- Charge of Raninagar Police Station, Murshidabad stating all the facts of 05.04.12 and prayed for proper investigation of this heinous act of Jhalu Mondal and others.

 

But it is very unfortunate that the Police force did not take the complaint seriously and not duly registered her complaint. On 01.05.12 on and around 12pm at Noon when Malati and her family were not present in their hut, in that opportune moment the perpetrator Jhalu Mondal and others entered to her hut and they stole medical prescriptions and reports and some of their belongings from her hut. This incident was also reported in writing by the victim Malati Oraon to the Officer- In- Charge of Raninagar Police Station, Murshidabad on 02.05.11. But the police did not take any action against the perpetrators Jhalu Mondal and others.  Then on 11.06.12 Malati Oraon found no other way made a complaint stating all the facts of the incidents on 05.04.12 and 01.05.12 to the District Magistrate of Murshidabad.

 

The Raninagar Police Station has not registered a First Information Report (FIR), though the two complaints have enough material for the same. The offences meted were cognizable in nature. So, this was a clear violation of section 154 of Criminal Procedure Code. The police not even treated the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities in chapter 2, section 3(1) (v) of the Act as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. The police personnel defied the Act by violating section 4 as said in the Act as ‘Whoever being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

 

In other hand, Ms. Sarathi Mondal lost her husband and now living with her minor son; Gobindo Mondal aged about 15 years. The mother – son duo forced to live in government vest land by erecting thatched hut after loosing their dwellings and all other belongings in incessant erosion and flood caused by river Padma in the year 1998. Ms. Sarathi Mondal aged about 43 years, wife of Late Haripada Mondal is living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad from the year 1999.  Now, her dwelling is in verge of collapse and she is not in a condition to repair it. The worried mother; Sarathi is also not in a position to fend her minor son. The influential political persons of the locality are trying to dislodge her from the place with ulterior reasons, which compounded her agony. Sarathi under tremendous pressures from this section failed to lodge a formal complaint to local police but she made an application before the office of the District Magistrate stating her impoverished situation and requested for adequate arrangement of her adobe under the scheme of Indira Awas Yojna and relevant Patta (ownership/ title) of the land in which she is residing with her son. Before making a complaint to the District Magistrate on 24.6.2012, she made several requests to the concern Panchayet functionaries but not received any response from them.

 

It is an utter failure of deliverances on the parts of State machineries and irony lies on the fact that Ms. Sarathi does not posses ration card or any other governmental documents stating her socio- economic identity. Her name has not been listed in bellow poverty category which further deprived her from receiving benefits of listed schemes meant for poor and disadvantaged.

 

Ms. Sarathi categorically demanded for patta (title) of the land in which she is residing now, In this connection she also made a request in given format to Block Land and Land Reform Officer; Raninagar ll Block under Domkal sub division of Murshidabad district stating the schedule of the land as under Basgora Mouza, JL No. 87, Dag No. 1734. The area of the said land is 5 decimal. But till date no measure has been taken by that office.

 

I also want to draw your attention that apart from these referred persons a large number of aged and impoverished populace are living at the said Char area, who are being continuously deprived off the governmental deliverances meant for this section of people. In this regard I made specific complaints to you for few of them, who are being left of from the benefits. Please extend the benefits to the persons for whom I made request and conduct a census for identification of such persons of the area.

 

In this connection I demand for:-

 

• The victims; Ms. Malati Oraon and Ms. Sarathi Mondal must be provided with prescribed assistance or benefits in accordance to the state deliverances; Antodaya and Annapurna Yojna, she and her family must be enlisted under BPL category and 100 days employment must be guaranteed to them under MGNREGA.
• The complaint made by Ms. Malati Oraon should be registered as First Information Report (FIR) and an apt inquiry should be initiated
• The livelihood of the victims is at stake and the police and block administration did not even treat the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. So the errant should be booked under the prescribed penal provisions of ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’
• Malati Oraon with her brother should be financially compensated for their loss borne due to physical torture and ransacking of their house
• The victims should provided with a proper shelter and safety and security of the victim should be guaranteed with due protection measures
• The irresponsible and delinquent police personnel, block administration and Panchayet officials should be charged for non compliance of legal provisions
• The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act should be complied by the law enforcing agencies in verbatim.

 

Thanking You

 

 

 

 

(Kirity Roy)

Secretary – MASUM