From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Jun 20, 2012 at 7:07 PM
Subject: DG of BSF saying no lethal weapon to be used, but in reality they are killing Indian citizen
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Chief Minister West Bengal <cm@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
20th June 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi
Respected Sir
I want to draw your attention on an incident of ghastly murder of a 21 years age Muslim youth belonging with a family listed under bellow poverty line. The deceased, Mr. Jiarul Sardar, son of Late Muhammad Sardar of village- Bithari Pabankati, Post Office- Hakimpur, Police Station- Swarupnagar, District- 24 Parganas (North), was working as a helper of mason in Uttar Pradesh and a daily wage earner. The deceased came to his village for vacation, where his widowed mother and elder sister are living. On 10.06.2012, at afternoon Jiarul took his meal and left for Bithari Pabankati Unnayan Sangha, a local club. He was there to play carom board with his friends. His friends, co villagers and members of the said club informed us that the deceased; Jiarul had no involvement with cow rattling but many others of his age of this locality meeting their ends by working as couriers for the kingpins of smuggling. While he was at the said club playing carom board, few of his co villagers were trying to push cattle to Bangladesh and they told Jiarul to wait for them at the club, and after the completion of their task, they would be back to their village together. At about 9.00 pm, suddenly, the posted Border Security Force personnel of 152 Battalion attached with Bithari Border Out Post of Tarari Camp resorted to indiscriminate firing. Three others were also received bullets on their different body parts. Rajib Mal, son of Mr. Nasiruddin Mal of village- Swarupdah under Swarupnagar police station also received bullet on his back. Later, Rajib Mal took shelter at a nearby place, and other two, who were reportedly Bangladeshi citizens, were able to cross the border with the bullet injuries, which they received.
It was alleged that the victim Jiarul had been shot at well inside the Indian territory and BSF personnel dragged his body toward the border and then dumped it at the bank of a pond near Padma Bila – Suta Math. The family was not informed about the heartrending incident till next day; 11.06.2012 at about 6.00 am. The brother in law of the deceased; Mr. Nazrul Sardar first received the information while one Mr. Rahan Sardar found the dead body lying at the said place while he was there to tie his cattle. Rahan Sardar informed the villagers about the incident and he also informed the villagers at first instance few BSF personnel of Tarari Camp were also present at the vicinity. The villagers then contacted the Swarupnagar police station over telephone and reported it to them. At 9.00 am the second officer of Swarupnagar PS came with 4 other constables and took the body to police station and sent it to Basirhat Police Morgue for post mortem examination. The family received the body on the same day for last rites after the post mortem examination done at the said morgue.
Swarupnangar police station registered an unnatural death case vide Swarupnagar PS U/D Case No. 16/12 of 11.06.2012 and later registered a case after receiving complain from BSF against the deceased. The case has been registered as Swarupnagar PS Case No. 272/12 dated 11.06.2012 under sections 147/148/149/186/188/353/332/333 of Indian Penal Code.
Though, the BSF is trying to make hype on human rights commitments and time and again publicizing their efforts in this regard but these gruesome murders and killings only prove their indifferences toward their own commitments. The Border Security Force made notification on self imposed restrain on use of lethal arms and recently made notification about appointment of a nodal officer on human rights at the head quarters of South Bengal Frontier. But all their effusive acts are without any commitment to human rights. The injuries received by Jiarul (clear in attached photograph) clearly depict the brutality of BSF and how savage the band is. It was evident in this case that BSF has resorted firing from lethal weapons without any justified reasons.
Nonetheless, your Commission has made few remarkable recommendations on our complaints regarding extra judicial killings by BSF personnel and ordered for financial compensations but these measures are not sufficient to desist them from killing impoverished individuals. This is time to make them accountable to law of the land and face prosecution for their committed offences, and to check uninterrupted reign of violence the Commission has to make positive and definite recommendation for the same.
In this regard I demand for:-
1. Identification of offending BSF personnel and initiation of criminal cases with appropriate legal provisions against them
2. Protection of witnesses and family members must be guaranteed
3. Appropriate compensation for the victim family must be assured
4. Government of India and in particular, Ministry of Home Affairs should pay respect to "Basic Principles on the Use of Force and Firearms by Law Enforcement Officials", the tool designed at UN in September 1990.
Sincerely Yours
(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
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