Please save 2 Indian citizen now in jail of Bangladesh, illegally detained for years.
Kirity Roy
25 February 2021
To
The Chairman
National Human Rights commission
Manav Adhikar Bhawan
Block – C, G.P.O. complex, INA
New Delhi- 110023
Respected Sir,
This is to bring your attention towards a case of negligence in the district administration of the Cooch Behar regarding indifferent attitude to bring back two Indian citizens who are still captivated in Bangladesh prison, though the time period of their sentence has expired. The family members of those two victims several times applied to the concerned authorities of the district administration of Cooch Behar, but till time no positive action has been taken in this respect.
The fact finding team of us reported that Mr. Firdous Ali, aged about 20 years, son of late Sahiruddin, residing at 108 Choto Kuchlibari (Khaluatari), P.O. & P.S. Kuchlibari, in the district of Cooch Behar and his cousin brother Mr. Nur Islam, aged about 22 years, son of Mr. Amrul Haque residing at village 113 Upen Chowki, P.O. & P.S. Kuchlibari in the district of Cooch Behar, both two youths entered the territory of Bangladesh without valid passport on 10.05.2019. On the said day at about 12.30 pm Md. Rabiyul Alam, Sub Inspector, Dahagram Police Investigation Centre; Md. Biyajul Islam, Assistant Sub Inspector/117; Constable/146 Md. Saiful Islam; Constable/205 Md. Sahidul Islam and Constable/715 Md. Mijanur Rahaman all are attached with Dahagram Police Investigation Centre under Patgram Police station, Lalmonirhat, Bangladesh apprehended Mr. Firdous Ali and Mr. Nur Islam from Guchhagram market area, Dahagram, Lalmonirhat, Bangladesh. They seized one photo identity card issued by the Election Commission of India to Mr. Nur Islam vide number NEV2122901 and Aadhar card of Mur Islam issued by Government of India. A case was registered against them vide Patgram Police Station case number 10/2019 dated 10.05.2019 under section 4 of the Bangladesh Control of Entry Act, 1952.
In the meantime on 11.05.2019 when Mr. Nur islam and Firdous Haque were not returning to their house, the family members of those two victims submitted written complaint to the Kuchlibari Police Station. Two missing diary vide General diary entry number 318 and 319 dated 11.05.2019 were entered in respect of the missing incident of Nur Islam and Firdous Haque respectively. Later the police officials of kuchlibari Police station informed the family members of those two victims that their sons were imprisoned in the jail of Bangladesh.
Before the Court of the Judicial Magistrate I, Lalmanirhat, Bangladesh vide GR case number 86/2019 Mr. Firdous Ali and Mr. Nur Islam admitted their guilt and on 28.07.2019 the Judicial Magistrate sentenced them three months conviction and the previous imprisonment of those accused will be omitted from the term of the original sentence mentioned in the order and they were sent to the Lalmonirhat District Jail in Bangladesh.
Their term of the conviction was ended but they were not released and repatriated to their homeland in India. On 01.12.2019 Mr. Amrul Haque, father of Mr. Nur Islam and Md. Amjad Hossain, uncle of Mr. Firdous Haque submitted one written application to the District Magistrate, Cooch Behar for taking necessary action to bring back the victim to their home. As no action had been taken in respect of their complaint, on 07.01.2020 they again submitted another written complaint to the District Magistrate, Cooch Behar.
It is to be mentioned here that on 25.11.2019 after their term of conviction was over Mr. Nur Islam and Mr. Firdous Haque sent message to their house through Bangladesh Red Crescent Society, Tracing Department where they mentioned their released paper had been reached to the office of the District Magistrate, Cooch Behar and requested to release them from Bangladesh jail and bring back home. The family members of Firdous Haque and Nur Islam received the message on 16.03.2020 and 20.03.2020 respectively.
On 15.07.2020 Smt. Arunima De, Special Secretary to the Govt. of West Bengal issued one notice to the Additional District Magistrate (General), Cooch Behar seeking clarification on the discrepancy regarding the name of ‘Firdous Haque’. It is to be mentioned here that in the birth certificate of ‘Firdous Haque’ the name was scribed as Firduj Ali where in the ration card it was scribed as Fidduj Ali and in the digital ration card it was written as Firdous Haq and in Aadhar card it was mentioned as Firdous Haq.
From the office of the District Magistrate, Cooch Behar the family members of Firdous Haque and Nur Islam were informed to produce nationality status of those two victims and necessary documents to remove the discrepancy in the spelling of the name Firdous Haque in various identity card.
On 04.08.2020 Ms. Najira Bewa, mother of Firdous Haque executed one affidavit before the court of the Sub Divisional Magistrate at Mekhliganj where she declared that Firduj Ali alias Md. Fidduj Ali alias Firdous Haq is same and one identical person. On 11.02.2021 Mr. Amrul Haque, father of Mr. Nur Islam and Ms. Najira Bewa, mother of Firdous Haque submitted another written prayer to the District Magistrate, Cooch Behar along with relevant documents like Voter, Aadhar, birth certificate, certificate issued by the Kuchlibari gram panchayat of those two victim which proves that they are Indian and also affidavit declaration regarding the discrepancy in the spelling of the name ‘Firdous Haque’. But till date no action has been taken in respect to bring back those two victims to their home land in India. Therefore it is apparent that these unfortunate victims are facing an indefinite stay in jail since the matter of their repatriation was not taken up by the Government of India and Government of Bangladesh till date.
It is normal that sometime would be needed to complete formalities of the release of the prisoners but it would have been proper for the jail authority and also the respective government departments to take appropriate steps for the release of the prisoners in question at the earliest possible time but here the case of those two victims indicate that the authorities concerned are not at all sympathetic towards timely disposal of the repatriation and bring back them to their home land resulting in irreparable loss and injury to the victim’s life and liberty.
We strongly condemn such illegal detention of those victims in Bangladesh jail even after completion of their sentence period. It is expected that those two victims might be in degrading human condition in jail as they are illegally detained.
Hence we demand your urgent intervention in this matter in the following manner:
· A report must immediately be called for from the authorities concerned regarding the action taken by the authorities till date in the matter of the repatriation of the victim to India.
· The authorities concerned must be directed to take immediate steps and complete all formalities with an urgent basis so that those two victims can come back to India as soon as possible.
· The authorities concerned must be also directed to render all necessary assistance to the authorities concerned in Bangladesh for immediate release of those two above mentioned victims and their safe return to India.
· The complaint/appeal dated 11.02.2021 already lodged by father of Nur Islam and mother of Firdous Haque to the District Magistrate, Cooch behar alongwith relevant documents must also be properly acknowledged and a report also be called for from the authorities regarding the action taken on the complaint/appeal.
· Any other appropriate action as the Commission may deem fit and proper.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
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