One Dalit youth tortured to death in custody of BSF
Kirity Roy
26 November 2024
26 November 2024
To
The Acting Chairperson
National Human Rights Commission
Manav Adhikar Bhawan,
Block - C, GPO Complex, INA
New Delhi - 23
Respected Madam,
I am writing for drawing your attention regarding the tragic and suspicious death of Mr. Babai Barui, son of Mr. Sukharanjan Barui, by birth 'DALIT', residing at Pallishree Sangsad, Bongao, Hari Mandir More, Post Office Bongaon, Police Station Bongaon, North 24 Parganas district.
Mr. Babai Barui, a daily wage laborer from Bongaon, was arrested by the BSF on November 9th, 2024, near the Angrail Border on allegations of smuggling. The following day, he was found dead in suspicious circumstances, with visible injuries, raising concerns of custodial violence. This incident violates fundamental rights guaranteed under Article 21 and Article 22 of the Indian Constitution. It also disregards the provisions of the Bharatiya Nagarik Suraksha Snhhita and the guidelines issued by the Supreme Court of India in the landmark case of D.K. Basu v. State of West Bengal regarding custodial rights and protections.
1. The circumstances of Mr. Babai Barui’s death are deeply concerning. His family alleges that he sustained serious injuries while in BSF custody, leading to his demise.
2. The lack of clarity and transparency in the events leading to his death raises serious questions about the treatment he received after his arrest.
3. The alleged use of force and the absence of proper medical intervention may indicate negligence or foul play.
Request for Action:
We respectfully request the following actions be undertaken without delay:
1. A thorough investigation by one Judicial Magistrate into the events leading to Mr. Babai Barui’s arrest, injuries, and subsequent death.
2. Examination of all BSF personnel involved in the arrest and handling of Mr. Babai during the period in question.
3. Analysis of the post-mortem report and related video recordings to determine the exact cause of death.
4. Enquire why BSF arresting party did not inform local police, then and there.
5. In a case of death in custody, Judicial Magistrate to perform inquest. In this case, one Executive Magistrate done this. Please enquire.
6. Registration of a formal case and initiation of legal proceedings against those found responsible and trial in open court of law.
7. Communication of the investigation findings to the victim’s family to ensure justice and transparency.
8. Doctors in hospital and autopsy surgeons must follow the Istanbul Protocol and Minnesota Protocol for medical investigation in cases of Torure.
We believe that a fair and impartial inquiry is essential to uphold justice and prevent further occurrences of such tragic incidents.
Particulars of the Victim:
Name: Mr. Babai Barui
Father's Name: Mr. Sukha Ranjan Barui
Age: 27 years
Religion: Hindu, Caste: SC
Occupation: Allegedly involved in illegal smuggling, though according to the family they have no idea about Mr. Babai’s occupation.
Residence: Pallishree Village, Hari Mandir More, Block-Bongaon, Post Office-Bongaon, Police Station-Bongaon, District-North 24 Pargana
Particulars of the Perpetrators:
Name: Company Commander of Angrail BOP under BSF 05 Battalion
Place of the Incident: Angrail BOP
Date and Time of the Incident: On 09.11.2024 at approximately 11.00 p.m.
Fact-Finding Observations:
Mr. Babai Barui, from a daily wage labourer family, residing with his family members in a modest tin-and-clapper hut near the crossing of temple of Lord HARI, Pallishree, Bongaon in North 24 Parganas district, went missing on November 9th, 2024. His family, unaware of his precise occupation, later learned that he had been arrested by the Border Security Force (BSF) near the Angrail Border, approximately 2 kilometers from his residence, on allegations of involvement in illegal cross border smuggling. The following day, on November 10, 2024, at about 9.30 am the family was informed that Mr. Babai was in the hospital. Though around 7am on November 10, 2024 Babai was taken to Bongaon Hospital where the doctor declared “Brought Dead”. However, upon visiting, family members of the victim were devastated to find his bloodied and injured body, which the hospital declared dead on arrival. One Executive Magistrate inspected the body at the Bongaon Hospital Morgue on the same day and recorded statements from both the BSF and the victim’s family (inquest). Bongaon PS registered U/D case No. 554/24 dated 10/11/24. Later, Bongaon PS started case no. 1041/24 dated 10/11/24 upon receiving a written complaint from his father Mr. Sukharanjan Barui. Due to unknown reasons (may be for inadequate facilities or avoiding medico-legal hazards at Bongaon Hospital) the body was referred to Barasat Medical College and Hospital. By this, two days lapsed. Ultimately, on 12.11.2024 post-mortem examination was done and videographed. The circumstances of his arrest, injuries, and untimely death remain suspicious and deeply concerning.
This case exemplifies the need for strict oversight of law enforcement activities to prevent abuse of power and ensure justice for Mr. Babai Barui.
Sincerely,
Kirity Roy
Secretary, MASUM
&
National Convenor, PACTI
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
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