4th April 2012
The Hon'ble Chairperson
National Human Rights Commission
New Delhi – 1
Update on sequel of intimidation
I want to bring into your notice about the continuance of intimidation by Border Security Force personnel upon Mr. Yusuf Molla after filing a complaint on physical torture and threats on his son; Mr. Karim Molla.
The first incident in the sequel of physical torture and intimidation took place on 11 February 2012; just before the dates of human rights sensitization for Border Security Force personnel organized by the National Human Rights Commission in West Bengal.
According to our fact-finding report, on 11 February at about 7.10 am, the victim in the case, Mr. Abdul Karim Molla, son of Mr. Yunus Molla, was planning to cross the Indo-Bangladesh border near Bithari border outpost, to smuggle out two pieces of leather. Karim had made a deal with one Mr. Brijesh, a staff driver of 'G' branch of 'E' Company of 152 Battalion of the BSF for this after bribing Brijesh. While Karim was all prepared to go across the border with the leather, Mr. Akbar Khan, the then Company Commander of the 'E' Company arrived at the spot.
The officer's visit was unscheduled and unannounced. Fearing action from the officer, to save himself, Brijesh started assaulting Karim with a bamboo pole. The inhumane assault happened in the presence of officer Akbar Khan. Brijesh verbally abused Karim while assaulting him, using the filthiest of words that could not be reproduced. Karim sustained cut and bruises all over his body and could not move due to severe pain from the torture.
On the next day at about 11.30 pm, a group of BSF officers from the 'E' Company, forced into Karim's house allegedly to search him. Karim's parents were at home at the time. The officers threatened the family with dire consequences while enquiring about Karim. Though Karim was at home he escaped arrest. On the next day Karim's father Mr. Yunus Molla filed a written complaint about both incidents at the Swarupnagar Police Station. The police registered the complaint as General Dairy Entry number 647/12 dated 14 February 2012. This infuriated the BSF officers. They continuously tried to threaten the family to withdraw the complaint for which the officials from the local panchayat helped the BSF.
On 22 February at about 8.10 pm, while Yunus Molla was returning home from his shop the BSF officers numbering 15 to 20 stopped him. The incumbent Company Commander of the 'E' Company led the officers. The officer held Yunus by his neck and started pushing him around. He threatened that Yunus should withdraw the complaint by 9 am on 23 February 2012 or else that they would make his life a hell. Yunus was so terrified and shocked that he left his home hided himself at other places for a long. The incident happened in front of the residence of one Majid Master, who stays in the village where Karim lives.
On 23rd April we sent our complaints alongwith fact finding report to Vational Human Rights Commission, Chief Minister of West Bengal, Chief Secretary of West Bengal, Hocretary of West Bengal, different officers of BSF, SP & DM of North 24 Parganas and to national and international HR bodies. On 23rd April Asia Human Rights Commission also issued one Urgent Appeal (AHRC-UAC-032-2011) in this case.
In a continuation of the sequel of intimidation, on 28.03.2012 at about 7.20 pm, an personal from Amudia Camp of Border Security Force; identified as Mr. V. P. Singh along with one Panchayet Member from Daharkandi village; Mr. Jahirul Haq Chowdhury came at Yunus Molla's cycle repairing shop at Swarupdah Market under Swarupnagar police station. The said BSF personal in the presence of the Panchayet Member said, 'you are so dared to complain against BSF, by your audacity you will not survive, if you not withdraw the complaint you would be fixed, I am a reporter and will make a report on you, if you want to survive then visit at BSF camp by 9.00 am on 29.03.2012'.
Mr. Yonus Molla informed the incident to the Additional Superintendent of Police; district- 24 Parganas (North) on 30.3.2012 through a written complaint but till date no recourse measures have been taken.
Mr. Yusuf Molla facing regular intimidation after filing a complaint on torture perpetrated by BSF personnel upon his son Mr. Karim Molla, and demand for safety, security and physical integration for him and his family. I also demand for an adequate and unprejudiced investigation on the incident so that victims and witnesses are protected.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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