From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Apr 4, 2012 at 3:07 PM
Subject: Serious torture by BSF -
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: "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, IG South Bengal BSF <sbftr@bsf.nic.in>, DG BSF <bsfhq@bsf.nic.in>, dm-mur@wb.nic.in
4th 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. Chhanarul Mondal from District-Murshidabad, West Bengal. The incident reveals that the victim not only subjected to murderous assault by the perpetrator BSF personnel but he was also denied of his right to get proper medical treatment and right to get justice against the perpetrators due to unholy nexus among the BSF, medical practitioner and the police of local police station (Jalangi Police Station). The incident also establishes that Jalangi Police Station is not even willing to take any step against the perpetrators till date even after receiving written complaint from the victim's father. Jalangi police also took no step against the BSF personnel even after observing the critical health situation of Chhanarul. Our attached fact finding report gives details of the incident.
The perpetrator BSF personnel misused their authority to shield their crime by influencing medical practitioner and also the local police station either to manufacture false records or to remain inactive. 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 father before the police(Jalangi Police Station) on 3.3.2012.
· An independent enquiry should also be conducted on the alleged role played by Dr. Krishnendu Roy of Sadhikhardiar Primary Health Centre, Jalangi, Murshidabad.
· We demand that the Officer-in-Charge of Jalangi Police Station must be condemned for omission of duty in the matter of the victim and punished accordingly.
· The victim must be provided with proper compensation and necessary protection.
Thanking you,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTIParticulars of the victim:- Mr. Chhanarul Mondal, son of Mr. Chaharuddin Mondal, aged about 20 years, by faith-Muslim, by occupation- day labourer, residing at village-Ramnarayanpur, Police Station-Jalangi, District-Murshidabad, west Bengal, India.
Particulars of the perpetrators:- The involved BSF personnel of Jalangi BSF Company Head Quarter, Singhpara BSF Company Head Quarter and Farajipara BSF BOP Camp
Place of the incident:- On the Border Road in front of Jalangi BSF Company Head Quarter near Jalangi Padma Bhaban under Police Station-Jalangi, District-Murshidabad.
Date & time of incident: - On 29.2.2012 at about 5 am and thereafter
Fact Fining Details:-
It is revealed during the fact finding that Mr. Janmohammad Seikh lives in village-Biswaspara under Police Station-Jalangi, District-Murshidabad. He is a relative of the victim and his residence is located near Indo-Bangladesh border. On 29.2.2012 the victim went to his house for a visit. In the early morning at about 5 am on 2.3.2012 the victim went to attend nature call to a nearby area beside the road (Karimpur – Baharampur) in front of Customs Office. The place was few distance away from his aforesaid relative's house. While he was returning he was caught on the Border Road in front of Jalangi BSF Company Head Quarter by four BSF jawans of Jalangi BSF Company Head Quarter who were returning at that time from border patrolling. The said BSF jawans started assaulting the victim jointly by their lathi (wooden sticks) and rifle butts. He was then brought at Jalangi BSF Company Head Quarter where he was confined in a room. Then the Company-in-Charge of the said BSF Company Head Quarter came with a BSF jawan and again they started assaulting the victim mercilessly.
On the same day at about 11 am the victim was brought at Singhpara BSF Company Head Quarter in a BSF vehicle (Maruti-Gypsy Car). Then at about 3.30 pm the Company-in-Charge of both Jalangi BSF Company Head Quarter and Singhpara BSF Company Head Quarter accompanied with 12/13 BSF jawans took the victim in an isolated place beside the bank of river Padma which is about 3 kilometres away towards east from Singhpara BSF Company Head Quarter. The aforesaid BSF personnel again assaulted the victim and made preparation to kill him there on the spot. The victim vigorously cried before them not to kill him. The perpetrator BSF hearing his cry suddenly changed their mind and brought him again to Farajipara BSF BOP Camp at about 4.30 pm. Then at about 5 pm the victim was taken to Sadhikhardiar Primary Health Centre from the said BSF camp by the Company-in-Charge of Jalangi BSF Company Head Quarter and 4/5 BSF jawans. The perpetrator BSF personnel obtained an Inspection Report (Medically fit certificate) of the victim from one doctor namely Dr. Krishnendu Roy of the said medical centre without any medical examination of the victim. Thereafter the victim was brought at Jalangi Police Station by BSF personnel with intention to hand him over to police. The on-duty police officer refused to take custody of the victim considering his severe physical condition and asked the BSF personnel to arrange proper medical treatment to the victim. Then the BSF personnel again brought the victim to Sadikhardiar Primary Health Centre where he was admitted for treatment. On the next day (3.3.2012) the victim was referred to Berhampore New General Hospital where he was admitted for 7 days for medical treatment. On 3.3.2012 the victim's father went to Jalangi Police Station with a written complaint narrating the whole incident and he urged in the written of legal action against the perpetrator BSF personnel. The police though received the said written complaint but did not take any action till date on the same. On 7.3.2012 the victim was discharged from the hospital and he returned home. He is still undergoing medical treatment by staying at home.
In the meantime the police of Jalangi Police Station informed the victim that one criminal case vide Jalangi PS Case No. 144 / 2012 dated 2nd March 2012 has been registered against him under section 12 P.P. Act (The Passport Act, 1967) on the basis of one complaint filed against him by Mr. N. S. Negi, Inspector, 'B' Company of 91 BN BSF. Though Chhanarul was apprehended by the BSF near Customs Office and BSF Company Head Quarter building but in the complaint before police BSF stated that Chhanarul was apprehended from Border Post No. 157/17 R. We came to know that Chhanarul does not possess passport. The allegation made against the victim was fully fabricated.
On 12.3.2012 the victim surrendered himself to Jalangi Police Station and from there he was sent to Berhampore Chief Judicial Magistrate Court. On the same day the victim got bail from the court.
On 20.3.2012 at about 1 pm our fact finding team met with Dr. Krishnendu Roy of Sadhikhardiar Primary Health Centre and asked him about the first Inspection Report (medically fit certificate) of the victim and again the admission of the victim in the said health centre after few hours. The said doctor could not give any cogent explanation.
After getting detailed information, we found that Chhanarul was so injured and traumatized, he cannot move alone. He was then shifted and admitted to Sramajibi Hospital, Belur, Howrah. There he was treated for another 3 days. He was kept at Shelter run under UNVFVT (United Nations Voluntary Fund for Victim of Torture) project. Now also he is in hospital. We took his interview in Bangla language, which was uploaded in youtube. http://youtu.be/RCULM305klE
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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