From: Kirity Roy <kirityroy@gmail.com>
Date: Mon, Jun 18, 2012 at 6:47 PM
Subject: BSF attacking religious belief and sentiment of minorities, police inaction
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>, dm-bar@wb.nic.in, BSF DG <bsf_hq@hub.nic.in>, DG BSF <bsfhq@bsf.nic.in>, IG South Bengal BSF <sbftr@bsf.nic.in>, bsf_hq@bsf.delhi.nic.in, bsfcal@wb.nic.in
18th April 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
I lodge this present complaint in the matter of the victims from District-North 24 Parganas, West Bengal. They are by faith Muslims and they were not only subjected to torture and harassment but their religious belief and sentiment were also hurt by the deliberate and intentional acts of the perpetrator BSF personnel. Our attached fact finding report gives details of the incident.
The incident again points that not only the life and liberty of the people residing in border area is in danger in the hands of the perpetrator BSF personnel, but also the perpetrator BSF can deliberately commit wanton insult to their religion. The perpetrator BSF personnel by their deliberate acts showed that they have no intention to respect the religious susceptibilities of persons of different religious persuasions or creeds. One written complaint has been lodged against the perpetrator BSF personnel before the higher official of police in the district, but as usual the police till date did not take any action.
Hence we seek your urgent intervention in this matter in the following manner:-
· The whole matter must be enquired into by one independent enquiring agency appointed by the Commission and the statements of the victims and the available witnesses must be recorded in free and fearless environment.
· Criminal prosecution has to be initiated against the perpetrator BSF personnel under the relevant penal provisions of Chapter-XV of Indian Penal Code and simultaneously they have be prosecuted for committing torture upon the victims.
· The victims must be provided with adequate compensation and protection.
Thanking you,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victim:- Mr. Saiful Molla, son of late Akbar Molla, aged about- 29 years, by faith-Muslim, by occupation-business; (2) Mr. Khalil Mondal, son of late Nabab Molla, both residing at village-Sonpur, Police Station-Swarupnagar, District-North 24 Parganas
Particulars of the perpetrators: - The Assistant Commandant of Kaijuri BSF Camp; One SI of Kaijuri BOP and one SI of Gabarda BOP who accompanying with about 30/40 BSF jawans raided the house of the victim on 22.4.20123 at about 3.30 pm.
Date & time of the incident: - On 21.4.2012 at about 9.30 pm & 22.4.20123 at about 3.30 pm
Place of incident: - In the house of the victim and also on the road while the victim was returning home on 21.4.2012 at about 9.30 pm
Case Details:-
It is revealed during the fact finding that on 21.4.2012 at about 9.30 pm the victim Mr. Saiful Molla was returning home from his shop. At that time while he was traveling through a road, he was stopped by the Assistant Commandant of Kaijuri BSF Camp. The said BSF officer started abusing him in filthy languages and accused him of being involved in cattle smuggling. He tried to take Mr. Saiful Molla to BSF camp by force. In the meantime local people gathered there and due to their protest the said BSF officer left the place.
On 22.4.20123 at about 3.30 pm on the instruction of the Assistant Commandant of Kaijuri BSF Camp, two BSF vehicles containing about 30/40 BSF jawans, one SI of Kaijuri BOP and one SI of Gabarda BOP raided into the house of Mr. Khalil Mondal. The BSF personnel accused him of being involved in cattle smuggling and they tried to take him to BSF camp by force. The local people gathered there and they started protesting against such harassment upon the innocent villagers. Then one of the BSF jawans brought the holy book of Muslim religion- 'Quran Sharif' and asked Mr. Khalil Mondal to prove his innocent by keeping the book on his head. The victim and others who were present there considered such act of the perpetrator BSF personnel as a deliberate and intentional act of defiling their religious belief. Thereafter the said BSF personnel moved to the house of Mr. Saiful Mondal and trespassed into his house. They abused the female members present in the house in filthy languages and asked them to attend BSF camp.
On 27.4.2012 Mr. Khasrul Islam, the father-in-law of Mr. Saiful Mondal lodged written complaint against the perpetrator BSF personnel stating therein the entire incident before the Sub-Divisional Police Officer, Basirhat, North 24 Parganas. Mr. Khasrul Islam is local leader of ruling party, All India Trinamool Congress (AITC). But till date there has been no action against the perpetrator BSF personnel by the police and its higher administration.
On 1.5.2012 the Assistant Commandant of Kaijuri BSF BOP threatened the victim Saiful Molla on his mobile of facing dire consequences for lodging complaint against the perpetrator BSF personnel. He threatened the victim of roping him in false and concocted criminal cases. Mr. Saiful Molla lodged one written complaint before the Superintendent of Police, Barasat, North 24 Parganas on 2nd May 2012 in this matter narrating the mobile number and time of calls and he also requested for getting appropriate protection in the written complaint, but till date there has been no action.
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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