3rd November 2011
To
Mr. Satyabrata Pal, IFS
Hon’ble Member
National Human Rights Commission
Faridkot House
Copernicus Marge
New Delhi-110001
Respected Sir,
We lodge this present complaint against the incident of torture and harassment committed by the perpetrator BSF personnel upon the victims from village-Gobra, Police Station-Swarupnagar, District-North 24 Parganas, West Bengal. The details of the incident have been narrated in our attached fact finding report which is attached herewith.
The alleged atrocities and torture committed by the perpetrator BSF personnel during the incident cannot be described as a part of discharge of their lawful duty but the perpetrator BSF personnel in this case allegedly committed certain acts which only amount to criminal offence.
The perpetrator BSF personnel thus allegedly violated in this case the rights relating to life, liberty, equality and dignity of the victims guaranteed by the Constitution or embodied in the International Covenants which urgently requires intervention of the Commission.
Hence we demand your urgent action in this matter in the following manner:-
· The whole matter must be investigated by a neutral investigating agency
· The authorities especially the concerned police station must be directed to register the complaint from the side of the victims against the perpetrator BSF personnel and take every possible legal step against the accused persons.
· The victims must be compensated accordingly.
· Any other relief/reliefs as the Commission deems fit in this case,
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victims:- (1) Mr. Abdur Rahman, son of Mr. Ramjan Ali Sardar, aged about- 27 years, by faith-Muslim; (2) Mr. Ramjan Sardar, son of late Ismail Sardar, aged about- 62 years, by faith-Muslim; (3) Mr. Baburali Mondal, son of late Bahar Ali Mondal, aged about- 48 years, by faith-Muslim; (4) Mr. Rasul Sardar, son of Mr. Ramjan Sardar, aged about- 36 years, by faith-Muslim; (5) Mr. Mahiuddin Gain, son of Mr. Achmat Gain, aged about- 52 years, by faith-Muslim; (6) Mr. Motiar Gain, son of late Asmat Gain, aged about- 53 years, by faith-Muslim, all by occupation-day labourer and residing at village-Gobra, Police Station-Swarupnagar, District-North 24 Parganas, West Bengal, India.
Particulars of the perpetrators: - Two on-duty (On 22.8.2011 at about 6 am) BSF jawans from Gobindapur BOP, Company-E, Battalion-152, BSF under Police Station-Swarupnagar, District-North 24 Parganas, West Bengal
Place of incident: - On a road crossing named “Tin Rasta More” near Gobindapur BSF BOP, Gate no. 18, Police Station-Swarupnagar, District-North 24 Parganas
Date and time of the incident: - On 22.8.2011 at about 6 am
Case Details:-
It is revealed during the fact finding that the victims earn their livelihood by doing labour in farming lands in the surrounding area.
On 22.8.2011 at about 6 am, the victims were moving towards farming land carrying one bag filled with rice seeds on their head. When they reached a road crossing named “Tin Rasta More” near Gobindapur BSF BOP, Gate no. 18, two BSF jawans in uniform from Gobindapur BOP restrained them from moving further on the road. They asked the victims as to what they were carrying on their head in the bag. They replied that they were carrying rice seeds. Then the said BSF jawans asked the victims to produce their voter identity card. The victims instantly showed the voter identity card. Then the said BSF jawans accused the victims of smuggling cattle on the last night. The victims could not bear such false allegation and they protested. As a result the said BSF jawans started assaulting the victims by black and blue. The said perpetrator BSF jawans assaulted the victims by their lathis (wooden sticks), boots, fists and also by rifle butts particularly aiming on their head, shoulder and backside. The victims pleaded before the said BSF jawans they were having “RoJa” but the BSF jawans did not pay any heed and abused the victims in filthy languages even in the name of their religion. The victims soon fell on the ground while the perpetrator BSF jawans continued to assault the victims. In the meantime some local people gathered there and told to the said BSF jawans that the victims were innocent and never involved in smuggling. Then the said BSF jawans released the victims.
On the same day the victims went to a local doctor for treatment. They could not resume their work for several days.
On 15.10.2011 the victims Mr. Abdur Rahman, Mr. Ramjan Sardar, Mr. Baburali Mondal, Mr. Rasul Sardar and Mr. Motiar Gain submitted written complaint before the Additional Superintendent of Police, Barasat, North 24 Pargans and Mr. Mahiuddin Gain submitted written complaint before the Superintendent of Police, Barasat, North 24 Pargans against the perpetrator BSF jawans, but the police is yet to take any 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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