Update incident of victim Rabiul Gazi – BSF forcing to withdraw complaint

  from Kirity Roy included below]

To

Mr. Satyabrata Pal

The Hon'ble Member

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

Sir,

I am sending one old case with update, which will prove the direness of the BSF, who wants to protect the perpetrators by hook or crook.

The protection of the victim, his family and the witnesses is at peril. Case details is attached herewith.

I am copying my previous complaint for your ready reference.

I sincerely request to your goodself to take up the matter as you deem fit and proper.

Regards

Kirity

 

---------- Forwarded message ----------
From: Kirity Roy <kirityroy@gmail.com>
Date: 3 August 2011 17:34
Subject: muslim youth inhumanly tortured and police inaction [1 Attachment]
To: NHRC <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>
Cc: cm@wb.gov.in, chiefsec@wb.gov.in, sechome@wb.gov.in, DG BSF <bsfhq@bsf.nic.in>, bsfcal@wb.nic.in, IG South Bengal BSF <sbftr@bsf.nic.in>, dm-bar@wb.nic.in

Dated: 2 August 2011

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

 

It is again revealed during our fact finding that the Personnel of the Border Security Force actually enjoy impunity in reality. The people living in the Indo-Bangladesh Bordering areas of West Bengal are subjected to torture by the on duty Border Security Force personnel on a regular basis. Their right to life with dignity as enshrined in Article 21 of Indian Constitution became in state of jeopardy in these areas. As a result of this the victims are not only suffered from the angel of livelihood but also suffered by body, mind and reputation due to the torturous acts of the perpetrator BSF. It is again exposed by the perpetrator BSF personnel that every criminal act committed by them is their righteous act under the impunity enjoyed by them.

Here we are referring a case of gross violation of fundamental right to life and dignity as enshrined in Article 21 of Indian Constitution, of one Muslim family residing in a village under Baduria Police Station in District North 24 Parganas was manhandled, tortured and humiliated by some BSF personnel. The male jawans of BSF even maltreated the women relatives of the victim. The apathetic and utter negligent role of local police as well as higher police administration and the Government Hospital Authority increased their pain and again proving their connivance in violations.

 

The victims applied to the Superintendent of Police, Barasat, North 24 Parganas to take proper actions against the perpetrators. However no steps have been taken yet.

All this happening prompted me to demand for:-

·         Immediate investigation should be initiated against the involved BSF Personnel over the mentioned incidents.

·         The victims should be financially compensated.

·         BSF should be posted at the actual international border point, not in village.

·         Victims and witnesses should be provided with adequate protection and their physical and psychological integrity should be maintained.

Hope your office will take necessary steps in accordance to the rule of law.

Thanking You,

Yours truly,

Kirity Roy 

Secretary, MASUM

&

National Convener, PACTI        

 

 

Name of the victim:- Mr. Rabiul Gazi, son of Mr. Sirajul Gazi, aged about-28 years, by faith-Muslim, residing at East Jainagar, Purbapara, Post Office: Sakirabad, Police Station-Baduria, District-North 24 Parganas, West Bengal.

Name of the perpetrators: - Two on-duty Border Security Force jawans posted on 15.06.2011 under Garbda BSF Camp, Company-F, Batallion-47, Police Station-Raninagar, District-Murshidabad.

Date & Time of incident: - On 15.06.2011 at about 4 pm

Place of incident: - At the backside of the victim’s dwelling house.

Case Details:-

It is revealed during our fact finding that the victim Mr. Rabiul Gazi is a person belonging to a marginalized Muslim community. His name as well as the names of his family members is enlisted in the BPL chart. The victim was working as a driver of boat at the sea of Mumbai. He returned to his home in the village at from Mumbai for vacation few days before the incident. On 15.06.2011 at about 4 pm the victim went to the backside of his house with the intention to take money from his mother to purchase foods from the market. At that moment suddenly two BSF personnel restrained him. They were speaking in Hindi. One of them alleged Mr. Rabiul is a smuggler. The victim protested and said he lives in Mumbai and works as a driver of boat at sea. He also stated the BSF jawans that he has an Identity Card of his company and offered them to check the same. The BSF jawans became furious with his answer as they possibly considered it an arrogant one. The said BSF jawans abruptly started to assault the victim by their wooden sticks and rifle butts indiscriminately on all over the body of the victim. He literally begged for mercy to save himself. Even then the said jawans did not pay any heed to the victim and as a result of such merciless beating Mr. Rabiul Gazi was tremendously injured and even not able to move his body. He was also abused in filthy languages by the said BSF personnel indicating his religion and pedigree.

When the mother and aunt of the victim saw this they tried to convince the jawans that Mr. Rabiul is an innocent person and requested them to stop the torture. However the BSF refused to listen to them. They even pushed the aunt of the victim away. Her clothes were torn by them. Then they put handcuffs on the hands of the victim and took him to the Garbda camp under the Swarupnagar Police Station. They detained him there under their custody for more than three hours without any authority. They even refused to provide him medical treatment when demanded by the victim. The perpetrators even tied his hand from the back by a rope.  After that when his father accompanied with another villager called Nazrul Sardar went to the camp and requested the BSF personnel with their closed hands they released the victim. However before releasing the victim they compelled the victim to sign in a blank page. Subsequently the victim was taken to Basirhat Sub-division Hospital. However as he was tortured by the BSF the hospital authority did not took proper care of him and even when he asked the hospital authority to gave him his injury report that he was tortured by the BSF personnel they refused to provide the same. Then the victim returned back to the home and did his medical treatment through a local Doctor of his village.

The victim lodged a complaint before the Superintendent of Police, Barasat, North 24 Parganas, on 23/06/2011 against the perpetrators but till date the victim did not get any relief, nor his complain was registered.

The victim comes from a very poor economical background and he was subjected to torture during the incident as revealed above by the perpetrators.

-- 
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
Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

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