From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Apr 25, 2012 at 4:53 PM
Subject: Again a case of torture upon a dalit man by BSF enjoying full immunity
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, 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>, BSF DG <bsf_hq@hub.nic.in>, bsf_hq@bsf.delhi.nic.in, bsfcal@wb.nic.in, DG BSF <bsfhq@bsf.nic.in>, IG South Bengal BSF <sbftr@bsf.nic.in>, dm-mur@wb.nic.in, DM Murshidabad <dm.murshidabad@gmail.com>
25 April 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
We have conducted our fact finding on the recent incident of brutal physical assault by the perpetrator BSF personnel upon the victim Mr. Krishna Mondal from District-Murshidabad, West Bengal. On the date of the incident the victim was mercilessly assaulted by the perpetrator BSF jawans. The victim was even put to threats by the perpetrators from knocking the door of the local police station. Though the victim's wife filed one complaint before the Superintendent of Police, Murshidabad, but till date there has been no action. Our attached fact finding report gives details of the incident.
The incident again proves that the perpetrator BSF personnel became law unto themselves and enjoying impunity. The victim was denied of his human rights as defined under the Protection of Human Rights Act, 1993 and also his right to life and equal protection before the law has been violated.
Hence we seek your urgent intervention in this matter in the following manner:-
· The whole matter must be investigated by one neutral investigating agency appointed by the Commission. We demand that the Commission should not cause any enquiry to be conducted either by BSF or by police.
· That the perpetrator BSF personnel must be booked immediately under criminal prosecution by registering a First Information Report(FIR) against them on the basis of the complaint submitted by the victim's wife before the Superintendent of Police, Murshidabad.
· We demand that proper action has to be initiated against the Superintendent of Police, Murshidabad for not taking any action on the complaint lodged by the victim's wife against the perpetrator BSF jawans.
· The victim must be provided with proper compensation and necessary protection.
Thanking you,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victim:- Mr. Krishna Mondal, son of Late Shyamapada Mondal, aged about-40years, by faith-Hindu, by occupation-cultivation, residing at village-Char Sahebnagar, Police Station-Raninagar, District-Murshidabad, West Bengal, India.
Particulars of the perpetrators:- Four on-duty(on 1.1.2012 at about 7 am) BSF jawans Out-Post no.9 under Harudanga BSF Camp, Battalion-91,Border Security force under Police Station-Raninagar, District-Murshidabad.
Date & time of the incident: - On 1.1.2012 at about 7 am
Place of the incident: - Inside the farming land of the victim marked as plot no. 1288, khatian no. 319, J.L. no. 87, Mouza-Banshgara, Police Station-Raninagar, District-Murshidabad. The farming land of the victim is situated about 3 kilometers away from his house.
Fact Finding Details:- It is revealed during the fact finding that on 1.1.2012 at about 7 am the victim was working inside his farming land when four BSF jawans from BSF Out-Post no.9 under Harudanga BSF Camp came into his farming land. They (the perpetrator BSF jawans) caught him and tied his hands on back by a rope without disclosing any reason. Then they started to assault the victim by their rifle butts. The victim as a result of the assault fell on the ground and the perpetrator BSF jawans jointly assaulted him by kicking him with their boots. The perpetrators even reportedly removed his clothes from his body and assaulted him by a slip of bamboo embedded with nails. The perpetrators throughout the incident abused the victim in filthy languages. As a result of such heinous assault the victim sustained numerous bleeding injuries and bodily pain on his body. After the perpetrator BSF jawans left the place leaving him in almost senseless condition, he was removed from there by his brothers namely Mr. Jairam Mondal, Mr. Arjun Mondal, Mr. Sanatan Mondal and neighbours namely Mr. Bijoy Mondal who were eyewitnesses of the incident. The victim was immediately treated by one local quack doctor namely Mr. Siraj Sk. In the meantime the perpetrator BSF jawans threatened the victim that they would kill him (the victim) if he dared to lodge any complaint at local police station against them over the incident. But the victim's co-villagers gave him courage to seek legal recourse against the perpetrator BSF jawans. The victim's wife namely Ms. Anita Mondal sent one written complaint to the Superintendent of Police, Murshidabad through courier service describing the whole incident and also demanding appropriate legal action against the perpetrators BSF jawans. But till date the police and its higher administration did not take any action against the perpetrators BSF jawans. Still the victim's physical condition is not well and he could not resume his normal life. He is unable to arrange proper medical treatment for himself due to his poor financial condition. He was medically treated in our medical camp of VIC-TREE. Statement of the victim has been videographed. Please see http://youtu.be/9lvgGfS_OZc
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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