One youth forced to die by BSF, kingpin of smugglers are threatening the widow, police is mum - systematic impunity in India
Kirity Roy
10 April 2024
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block – C.G.P.O. Complex, INA
New Delhi – 110023
Respected Sir,
I wish to attract your attention over the systematic use of bullet to maim the citizenry by Border Security Force (BSF) personnel in 24 Parganas (North) to initiate an era of brutality at the said area of Indo- Bangladesh bordering area of West Bengal. I made a complain on 02.01.2024 over an incident of custodial torture and subsequent enforced disappearance of a minority youth while the crime was perpetrated by the posted Border Security Force personnel. This incident happened simultaneously at the same locality and by the same posted BSF personnel. In this incident, the involved BSF personnel chased the victim into the river and while drowning, restricted him to get off from the river to confirm his death. Posted BSF of that area created many hindrance in recovering the body but at last the body has been recovered by the local police. Afterward, the wife of the deceased was threatened and allured by the BSF higherups and local panchayet member and desisted her to make complaint to the police on killing of her husband.
The victim could be apprehended and forwarded to court, but on duty BSF decided to kill him in cold water.
The police of Swarupnagar PS also got information about the mode of killing and the spot of occurrence, but they did not register the case of murder.
Kingpin of local trans-border smuggling, Mr. Hakim Gain and Mr. Iliyas Molla gave one sewing machine to the widow of Alamgir and forced her to lodge complaint before police.
This case is also adding up to the list of murders by Border Security Force, where the higher officials and police administration in a nexus, tries to save the perpetrators.
The perpetrator Border Security force personnel not only violated the rights guaranteed in Article 21 of Indian Constitution but also the premise of Articles 6 & 7 of International Covenant on Civil and Political Rights as well as the Goal number 8 and 16 of Sustainable Development Goal earmarked by United Nations and in both these international instruments; the government of India is a party and have agreement. The incident and subsequent impunity legitimize our long-standing demand for immediate ratification of United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment. I am sorry to say that thousands of incidents of torture, killing and disappearance by men in uniform have been reported to NHRC and other governmental agencies but no proper remedial or corrective measures have been taken.
I am attaching a brief fact-finding report herewith for your convenience.
Under the circumstances we demand:
· The whole incident must be investigated by the investigating team of any august agency other than Swarupnagar Police.
· Unholy nexus among a section of BSF, Police, smugglers and politicians to be unmasked.
· In first instance while the wife of the victim made a written missing diary to the Swarupnagar PS on 1st January 2024, that complaint should be treated as an FIR
· The involved Border Security Force personnel must be booked and prosecuted in open court of law.
· The police and BSF administration must take appropriate steps to control cross border smuggling in bordering villages instead of collaborating with the smugglers.
· The family of the victim must be duly compensated and security and safety of the witnesses and family members must be ensured.
· Any other action as the Commission may deem fit and proper.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Name of the Victims: Mr. Alamgir Molla, son of Late Rafikul Molla, aged about 29 years, by faith - Muslim, other backward caste, by occupation an agrarian wage labour and part time involvement in cross border smuggling of goods as mere courier, without possessing agrarian land, resident of village- Ghosh Para Hakimpur, Police Station- Swarupnagar, Block - Swarupnagar, Gram Panchayet- Bithari- Hakimpur, Post Office - Hakimpur - 743273, District - 24 Parganas (North), West Bengal. EPIC no. YDY 1202258
Name of the secondary victims: (i) Ms.Rijia Khatun, aged about 25 years, wife of the deceased, residing at village Ghosh Para Hakimpur, Police Station- Swarupnagar, Block - Swarupnagar, Gram Panchayet- Bithari- Hakimpur, Post Office - Hakimpur - 743273, District - 24 Parganas (North), West Bengal
Date & Time of the incident: On 31.12. 2023 at about 5:40 pm and thereafter
Place of the incident: At the bank of Sonai River inside Indian territory, at BOP Point No. 8. BSF OP of Bithari BOP of BSF Battalion No. 112.
Details of the perpetrators: 1) Mr. Kargi and Mr. Rabindra Kumar Yadav, Company Commander of Bithari BOP, BSF, 2) Border Security Force personnel who were on duty at the mentioned date and time of the incident at the OP number 8 & 9 at the bank of Sonai River, attached with Bithari BOP of 112 Battalion of BSF, 3) Officer in Charge of Swarupnagar Police Station and 4) on duty police personnel of Swarupnagar Police Station, 5) Mr. Hakim Gain Member of Hakimpur Gram Panchayet, and 6) Mr Ilias Molla (husband of Ms. Rupsa Molla Member of Hakimpur Gram Panchayet).
Fact Finding Report of MASUM: Alamgir Molla is a landless youth having only a small room of tile roof and brick walls. He was living with his wife. He had a part time engagement in cross border smuggling as a mere courier. On the fateful day; 31.12.2023 at around 5:40 pm, he went at the bank of Sonai River with a bag carrying Phensydil (cough) syrup, he was trying to smuggle out the booty of cough syrup of that particular brand belonging to smuggling kingpins. Posted BSF personnel at point number 8 of Bithari BOP of BSF Battalion 112 saw him and chased him. To save his life, he jumped into the Sonai River, as there are no tidal movements in the mentioned river, so the water of this river was ice cold at that time and full of hyacinth. While collapsing, Alamgir tried to get off the river, the rifle totting BSF personnel posted at point number 8 and 9 restricted him, subsequently he sank in the river.
On 01.01.2024, Ms. Rijia Khatun; the wife of Alamgir made a missing diary to Swarupnagar police station and subsequently the police came at the place of occurrence on the same day but failed to start the operation to rescue/ recover. BSF restricted the police party to initiate the operation with an excuse that as the river is the boundary between India and Bangladesh; permission from Border Guard Bangladesh is essential for this operation. Later, the body was recovered on 02.01.2024 at around 12 noon. Attending doctor at Saraful Block Primary Hospital made death declaration and on the same day, post mortem examination was done at Basirhat District Hospital. Swarupnagar Police Station initiated an Unnatural Death Case vide Swarupnagar UD Case No. 01/24 dated 02.01.2024. On 02.01.2024 the burial was done at Daharkanda burial ground.
While the body was recovered, a sack containing bottles of Phensydil (cough syrup brand) found from the possession of Alamgir, police took custody of the body and BSF took possession of recovered Phensydil bottles. While the body was recovered, it was found that his shoes were tied with a rope on his waist. The locales opined that if BSF not restricted the recovery operation, his life would have been saved.
Bithari BOP of BSF Battalion 112 provided a sewing machine and few other facilities to the wife of the deceased as an allurement to keep mum and on the other hand, a Panchayet Member of Bithari- Hakimpur Gram Panchayet; Mr. Hakim Gayen constantly pressurising the wife of the deceased and other family members to not making any complaints to any corner. As the majority of the residents of this area live under abject poverty, so they have part time engagement in cross border smuggling and dependent on Panchayet Members for smooth running of this illegal activity, as a sizeable section of Panchayet members have direct control over the smuggling activities. Wife and other relatives of Alamgir Molla have similar dependence on the mentioned panchayet member, which restricted them to make due complaint to the appropriate authorities.
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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