From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Dec 14, 2011 at 5:31 PM
Subject: Please act - Continued torture & harassment upon the villagers by BSF & police inaction
To: NHRC <covdnhrc@nic.in>
Cc: jrlawnhrc <jrlawnhrc@nic.in>, Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-mur@wb.nic.in, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>
14 December 2011
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
We lodge this present complaint on the incident of torture and harassment committed by the perpetrator BSF personnel upon the victims in the District-Murshidabad, West Bengal. In this case the perpetrators BSF personnel not only subjected the victims to torture but also framed them in a false and concocted criminal case. The Superintendent of Police, Murshidabad already received one complaint against the perpetrator BSF personnel on the incident of torture upon the victims but he did not take any legal action till date. The details of the incident have been narrated in our attached fact finding report.
But the perpetrator BSF personnel scarcely have any respect to the laws and procedural mandates became criminals when they allegedly subjected the victims to torture and harassment by committing certain acts which only amount to criminal offence which can not be described to have been done in the discharge of their lawful duty.
We are lodging this complaint in connection with case of torture by BSF upon Mr. Sirajul Mondal, Ms. Tuluara Bibi and others. Our complaint was sent on 6/7 October 2011.
The perpetrator BSF personnel violated the right to life, liberty and equal protection before the law of the victims and this incident of violation of basic human rights of the victims urgently requires intervention of the Commission.
Hence we demand your urgent action in this matter in the following manner:-
· The whole matter must be investigated by a neutral investigating agency not clubbing the BSF authority in the investigating team.
· The complaint submitted before the Superintendent of Police, Murshidabad must be acknowledged properly and on the basis of the said complaint the concerned police station must be directed to register one First Information Report against the perpetrator BSF personnel and every possible legal action has to be initiated against the perpetrator BSF personnel immediately.
· The victims must be discharged from the false and concocted criminal charge immediately and they must be compensated accordingly.
· Any other relief/reliefs as the Commission deems fit in this case,
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victims:- (1) Mr. Lalchand Mondal, son of Late Najir Mondal; (2) Mr. Saiful Mondal, son of Late Alimuddin Mondal and (3) Mr. Engraj Mondal, son of Mr. Amir Mondal, all residing at village-Char Parashpur, Sushil Colony, Police Station-Jalangi, District-Murshidabad.
Particulars of the perpetrators: - (1) The on-duty (on 9.10.2011 at about 5 pm) BSF personnel of Farajipara BSF BOP Camp, Border Security Force; (2) Mr. Uday Singh, being the Company Commandant of Charbhadra BSF BOP Company Head Quarter.
Place of the incident: - Inside the Farajipara BSF BOP Camp, Police Station-Jalangi, District-Murshidabad
Date & time of the incident: - On 9.10.2011 at about 5 pm.
Case Details:-
It is revealed during the fact finding that on 9.10.2011 Mr. Lalchand Mondal, son of Late Najir Mondal; Mr. Saiful Mondal, son of Late Alisuddin Mondal and Mr. Ingraj Mondal, son of Mr. Amir Mondal came at Farajipara BSF BOP Camp from their village-Char Parashpur and submitted their voter identity before the on-duty BSF jawans of the said BSF Camp. Then they went to Roypara Market and bought some essential commodities like rice, vegetables, etc. At about 5 pm they returned to Farajipara BSF BOP Camp to take back their voter identity card before leaving for their village. They requested the on-duty BSF jawans of the said BSF Camp to return their voter identity cards. But they did not get back their voter identity cards instead the BSF personnel present in the said BSF Camp at that time called up the BSF Company Commandant of Charbhadra BSF BOP Camp. Then after some time the said BSF Company Commandant arrived and under his instruction the BSF personnel of the said BSF Camp took into custody of the essential commodities bought by the victims and the BSF personnel jointly started indiscriminate assault upon the victims. Then they were sent to Jalangi Police Station with false accusation of being involved in an old pending criminal case vide Jalangi Police Station Case no. 837/2011 dated 3.10.2011 under sections 147/148/149/186/353/332/333/307/363/379 of Indian Penal Code and also under section ¾ of PDPP Act. On 10.10.2011 the victims were produced at Berhampur Chief judicial Magistrate Court in connection with the said criminal case.
It is important to note that the aforesaid criminal case Jalangi Police Station Case no. 837/2011 dated 3.10.2011 was initiated on the complaint from BSF. In the said complaint some allegations were brought against some persons by specifically mentioning their names in the complaint. The names of the victims were not mentioned in the said complaint, but in spite of this the victims were implicated in the said criminal case.
It is also hereby mentioned that the victim Saiful Mondal was previously subjected to torture by the perpetrator BSF personnel and complaint was filed before the National Human Rights Commission(NHRC Case no. 44/25/13/08-09-PF/OC) and other authorities against the perpetrator BSF personnel.
It is pertinent here to mention that the present incident of torture upon the victims is an isolated one, rather the BSF personnel in the area resort to commit inhuman torture and unruly behaviour upon the civilians with regular intervals. On 3.10.2011 Ms. Tuluara Bibi alias Tulu, wife of Mr. Sirajul Mondal of village- Char Parashpur, Sushil Colony became sick due to continuous bleeding from menstruation. Seeing her condition, her husband then & there took her for immediate treatment in a "DONGA" (a tiny boat made by tin). He reached near BSF Out-Post (OP) No. 2 under Farazipara BOP, BSF where two BSF personnel on duty were posted. He showed his voter ID card and requested those two BSF jawans to allow them to cross the river Padma to go to Sadikhanr Dearh Hospital. Then those BSF jawans took entry of their names in the register book. Those BSF jawans gave them the serial number as "53" and asked them to wait at the OP for 2 hours. Mr. Sirajul Mondal informed them that the situation of his wife's health was critical and requested them to allow him to move her as early as possible. Hearing this, those two BSF personnel attacked Mr. Sirajul Mondal with sticks in their hand by saying, "Teri mother chod" (fucking your mother), "Bohin chod" (fucking your sister). Observing this, his wife while crying came down from the "DONGA" and appealed to those BSF jawans to leave them. Those two BSF jawans also used slang towards her and threatened to beat her too. Within 10-15 minutes after that, his wife became senseless due to huge bleeding. Suddenly two women of village- Char Paraspur Sushil Colony namely (1) Ms Hasina Bibi wife of Jahangir Mondal & (2) wife of Mr. Ejmal Sk. came to the spot to go to Roypara and they poured water in the head of his wife. After his wife regained her sense, they took her back in the "DONGA". By this time, many people came to the OP to cross the river. They observed the serious condition of Mr. Sirajul Mondal's wife. Some of them sent message to the villagers of Sushil Colony. Then about 300 people gathered at the OP (place of occurrence) and they requested on duty 2 BSF personnel to release Mr. Sirajul Mondal and his wife immediately. But those BSF personnel did not pay any heed. Then the villagers openly told Mr. Sirajul Mondal to flee away with his ailing wife. When Mr. Sirajul Mondal and his wife came to the mid of the river, the BSF personnel started indiscriminate lathi charge upon the people gathered. But the people took all the boats, crossed the river and reached village-Roypara and assembling together they decided to go on 'road blockade' as a mark of protest for continuous harassment by BSF.
Over the abovementioned incident happened on 3.10.2011, the BSF in order to suppress their guilt lodged one complaint at Jalangi Police Station and the police of the said police station registered one First Information Report vide Jalangi Police Station Case no. 837/2011 dated 3.10.2011 with allegations under sections 147/ 148 / 149 / 186 / 353 / 332 / 333 / 307 / 363 /379 of Indian Penal Code and also under section 3 & 4 of PDPP Act against some persons by mentioning their names who are nothing but the villagers. Nevertheless the grudge of BSF did not end there and they again showed their evil intention towards the villagers residing in the border area by implicating the present victims in the said criminal case in spite of the fact that they are not FIR named accused.
On 10.10.2011 one written complaint was submitted before the Superintendent of Police, Murshidabad by Mr. Alauddin Mondal, son of Mr. Atahar Mondal of village-Roypara, Police Station-Jalangi, District-Murshidabad against the perpetrator BSF personnel by mentioning the incident of torture committed by the perpetrator BSF personnel upon the victims. But till date there has been no action from any corner against the perpetrator BSF personnel.
--
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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