Fwd: Please reopen the Case No. 801/25/15/2011-PF

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: Tue, Mar 20, 2012 at 7:14 PM
Subject: Please reopen the Case No. 801/25/15/2011-PF
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>


The Chairperson

NHRC

New Delhi - 1

Respected Sir,

I am again sending our reply to you which I sent on 16th December 2011 at 1.06pm for your consideration. This will prove that as defacto complainant I duly replied on 16 December 2011, well before to 26 December 2011. 

OMCT Geneva and AHRC Hong Kong also sent their Appeals to your office. 

I have attached your letter dated 6/12 January 2012, which was received by us on this week, for your ready reference.

Your Commission's order in connection with Case No. 801/25/15/2011-PF based upon wrong facts which to be modified. 

Please remember, that after our initial complaint, victim was severally threatened and we duly submitted our updated complaint to your office

Please acknowledge my letter.

Regards

Kirity

From: Kirity Roy <kirityroy@gmail.com>
Date: Fri, Dec 16, 2011 at 1:06 PM
Subject: Reply in NHRC case no. 801/25/15/2011-PF
To: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "A.K. Parashar" <akpnhrc@yahoo.com>

15 December 2011

To

The Hon'ble Member

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Attn. Mr. Satyabrata Pal, IFS

 

Ref.:- NHRC letter dated 1.11.2011 in connection with case no. 801/25/15/2011-PF

Our complaint dated 2.8.2011 & 18.10.2011

Sub.:- Reply against the report

 

Through: - The Assistant Registrar(Law), NHRC

 

 

 

Respected Sir,

 

We received your letter dated 1.11.2011 in connection with case no. 801/25/15/2011-PF along with report from Border Security Force(BSF).

 

We went through the contents of the report and our comments on the report are stated herein below.

 

With regard to the statements made in para-3 of the report, it is stated by us that those statements are false and we can only say that the statements are only a mere denial to rebut the allegations made in our complaint.

 

With regard to the statements made in para-4 of the report, it is stated by us that the father of the victim did not make any statement to BSF on 13.9.2011 as alleged in the report. On 18.10.2011 we lodged complaint before the Commission and also before the District Magistrate, North 24 Parganas, Superintendent of Police, North 24 Parganas, DG_BSF, Chief Minister, West Bengal, Principal Secretary (Home), West Bengal that on 16.9.2011 at about 10.30 am one BSF Company Commander visited the victim's house and he threatened Mr. Sirajul Gazi, father of the victim to withdraw complaint against BSF. He also compelled the victim's father to sign in a paper. He forced the victim's father to take Rs.15, 000/- from him and the said BSF officer told that the said amount was paid in consideration of withdrawing the complaint against BSF. Moreover after two days Mr. Sirajul Gazi, father of the victim was called by BSF to attend BSF Camp.

 

Therefore we strongly apprehend that the BSF authority used the said paper bearing the signature of Mr. Sirajul Gazi, father of the victim as one alleged declaration in which the BSF authority put their own suitable date and statement and claimed that the father of the victim made declaration before the BSF authority. In absence of any voluntary statement from the side of the victim, the alleged declaration from his father can not be believed at all as he has no personal knowledge about either the truth or falsity of the incident of torture complained against the perpetrator BSF jawans. We specifically stated in our complaint dated 2.8.2011 before the Commission that at the time of the incident the victim's mother and his aunt were present with the victim and they were eyewitness of the incident of torture upon the victim by the perpetrator BSF jawans. Therefore non-taking of any statement from the victim's mother and his aunt who were eye-witnesses on the incident doubts the intention of the BSF authority.

 

The victim himself has still affirmation that he was tortured by the perpetrator BSF personnel, so his avowal can not be washed away by the alleged declaration from his father. We again reiterate that the father of the victim did not make any voluntary statement before the BSF authority and the alleged declaration which the BSF authority claimed to have received from the father of the victim is false and fabricated. The truth will come out upon a neutral probe and in this regard we already demanded necessary action in our complaint dated 18.10.2011, but we are still in dark with regard to the action taken by the Commission on the said complaint.

 

With regard to the statements made in para-5 of the report, it is stated by us that the victim approached to Baduria Police Station to lodge complaint against the perpetrator BSF personnel, but the police refused to take any complaint and the victim consequently lodged one complaint against the perpetrator BSF personnel before the Superintendent of Police, North 24 Parganas on 23.6.2011 narrating the whole incident of torture committed by the perpetrator BSF personnel upon the victim and the victim in the said complaint prayed for initiation of First Information Report at the concerned police station against the perpetrator BSF personnel. But the Superintendent of Police, North 24 Parganas instead of receiving the said complaint did not take any action till date.

 

Therefore from the above comments placed by us it well appears that the report can not be accepted as it is not neutral and on its facet it clearly discloses that it is aimed to negate the allegations made by the victim at any cost. The report of BSF is based on false statements led by the BSF authority to protect the perpetrators who wink in its (BSF) own camp and the report draws an implied presumption that it is a biased report.

 

Hence we request the Commission to reject the report of Border Security Force and direct an enquiry into the matter by the investigation wing of the Commission or by any independent authority as the Commission deems appropriate in this matter considering the comments placed by us. We hope that the Commission shall give an opportunity to the victim and the eye-witnesses of the incident of torture upon the victim in a free and fearless environment.

 

Thanking You,

Yours truly,

 

 

 

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

--
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