Another torture done by BSF, acquiescence of police and hospital doctor
Kirity Roy
9 August 2021
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block – C, G.P.O. Complex, INA
New Delhi – 110023
Respected Sir,
I want to draw your attention towards an incident of brutal physical torture upon three villagers of different bordering villages in the district of Cooch Behar. BSF personnel attached with Changrabanda Border Out Post, 148 Battalion illegally apprehended them and taken to their custody and afterwards tortured heavily which caused their physical injury.
BSF personnel chased some smugglers but when they failed to catch those smugglers, they illegally apprehended three innocent villagers who were working in the agriculture field and brutally tortured them and then released after taking their signature by force in white blank paper. Due to brutal torture Mr. Ainul Haque was admitted to the Mekhliganj Sub Divisional Hospital and Mr. Sanjib Biswas was received primary treatment from the emergency ward of the said hospital.
On 26.06.2021 Mrs. Rumi Begum, wife of Mr. Aijul Haque, one of the victims in this case lodged one written complaint to the Officer in Charge of the Mekhliganj Police Station which was received by the duty officer but no case was registered on the basis of the written complaint. This violates section 154 of the Code of Criminal Procedure and apex court guidelines in the case of Lalita Kumari vs. State of Uttar Pradesh [WP (Crl.) 68 of 2008] which clearly states that registration of First Information Report is mandatory under section 154 of the Code of Criminal Procedure if the information discloses commission of a cognizable offence.
The act of the BSF personnel violates Article 21 of the Indian Constitution and section 6 and 7 of the International Covenant on the Civil and Political Rights and Goal number 16 of the Sustainable Development Goals and in both these international instruments; the government of India is a party. During the time of check up the doctor did not mention the clinical findings, cause of ailment, age of ailment, notes after clinical examination and therefore it violates the guidelines set by the Indian Medical Association and Tokyo Declaration by the World Medical Association adhered by India.
Hence, I seek your urgent intervention in the present case with the following demands of justice for the victim and his family members –
· This case must be acknowledged and registered in your Commission
· The whole matter should be enquired into by one independent inquiring agency preferably by the Commission’s own investigation wing.
· Immediately register the written complaint of the victim’s wife as First Information Report and proper investigation and arrest of perpetratops should be required.
· Concerned police authorities must be directed to take immediate action for proper investigation of the case and action against erring police officials for not registering cognizable crime .
· Action must be taken against the perpetrator BSF personnel who without any reason tortured the innocent victims
· Strong action must be taken against the officials of the Mekhliganj Police station who refused to lodge any FIR on the written complaint of the victim’s wife.
· Departmental action should be taken against the on duty doctor who without mentioning the clinical findings checked the victim and prescribed only medicines.
· Victims should be provided with adequate compensation for violation of their human rights.
· Security and safety of the victims and their family members must be ensured.
· Border Security Force is meant for protect the International Border of the country and therefore, BSF should be posted at the zero point of the border.
Thanking you,
Yours truly
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha (MASUM)
Details of the victim: (1) Mr. Aijul Haque, son of Mr. Abiruddin, aged about 31 years, residing at 124 Latamari village under Bhotbari Gram Panchayat and Mekhliganj block and police station in the district of Cooch Behar; (2) Mr. Sushanta Roy, son of Haren Roy, aged about 39 years, residing at 147 Bhotbari under Bhotbari Gram Panchayat and Mekhliganj Police Station in the district of Cooch Behar; (3) Mr. Sanjib Biswas, son of Mr. Anil Biswas, aged about 28 years, residing at 77 Nichtorof under Bhotbari Gram Panchayat and Mekhliganj Police Station in the district of Cooch Behar.
Date and Time of the incident: On 26.06.2021 at about 1.30 pm
Place of incident: On the road of the CPWD road at Jaliatari more beside the burning ghat.
Details of the perpetrators: (1) Mr. Mangal Chandra Chowdhury, Sub Inspector; (2) Mr. N.K.Gupta, Company Commander; (3) Mr. S.K.Singh, DIB; (4) Mr. Ranjit Singh, Inspector and 4 to 5 BSF constables; all are attached with Changrabandha Border Out Post 148 Battalion.
Details of the witnesses: (1) Mr. Sahajan Alam, son of Nur Islam, aged about 28 years, (2) Mr. Afijuddin Sarkar, son of Makbul Hossain Sarkar, aged about 65 years; Mr. Narayan Biswas, son of Sahadeb Biswas all are residing at 77 Nichtorof village under Bhotbari Gram Panchayat and Mekhliganj Police Station in the district of Cooch Behar.
Details of the incident: Mr. Aijul Haque is an agricultural worker and he has a tractor whose number is WB63A3772. He also gives his tractor to other people for agriculture purpose on rent basis. On 26.06.2021 at about 1.30 pm he was working in the agricultural field at Jaliatari more burning ghat beside the CPWD road along with Mr. Sushanta Roy, driver of his tractor. When they cultivated the western side land of Jaliatari more burning ghat which was owned and possessed by Mr. Anil Biswas, 4 to 5 Border Security Force jawans attached with Changrabanda Border Out Post came in front of them asked about the information of smugglers. Mr. Aijul Haque and tractor driver, Mr. Sushanta Roy said that they did not know about it. This infuriated those BSF jawans and they started to beat Mr. Aijul Haque and Mr. Sushanta Roy. They repeatedly requested to the BSF personnel to release them as they did not know about any smugglers. At that time son of the owner of that agricultural field, Mr. Sanjib Biswas came there and requested to those BSF jawans that they are innocent as they were working in their field. To hear this BSF jawans started beating him too. Those BSF jawans inhumanly tortured upon them with sticks in presence of other villagers. They continuously hit these three victims on the elbow, backrest and leg with the sticks and after that illegally apprehended them and by force picked them up to their jeep and went to Changrabanda Border Out Post. In their custody, BSF personnel brutally tortured upon them by hitting them in their body parts with rifle butts and bamboo sticks. In the Border Out Post four BSF personnel namely Mr. Mangal Chandra Chowdhury, Sub Inspector; Mr. N.K.Gupta, Company Commander; Mr. S.K.Singh, DIB; Mr. Ranjit Singh, Inspector and 4 to 5 BSF constables committed this criminal act upon three innocent victims.
After few hours Panchayat Pradhan of Bhotbari Gram Panchayat, Mr. Mrityunjoy Singha sarkar and one panchayat member, Mr. Dulal Roy went to the Changrabanda Border Out Post and talked with the BSF personnel to release those three victims. BSF personnel released those three victims after taking their signature in blank papers. They did not agree to sign in the blank papers but BSF personnel pressurized them to sign and also threatened if they did not sign, they would not be released.
Due to grivious torture by the BSF personnel Mr. Aijul Haque was seriously injured and he was taken to Mekhliganj Sub Divisional Hospital on 27.06.2021 and Mr. Sanjib Biswas was received treatment from the same hospital on 30.06.2021. During the time of check up the on duty doctor did not mention the clinical findings, cause of ailment, age of ailment, notes after clinical examination and therefore it violates the guidelines set by the Indian Medical Association and Tokyo Declaration by the World Medical Association adhered by India and Istanbul Protocol.
BSF personnel stated that those victims were apprehended for smuggling activities but it is totally false as those people were working in the agricultural filed.
Several eye witnesses of the incident namely Mr. Sahajan Alam, son of Mr. Nur Islam and Mr. Afijuddin son of late Maqbul Hossain and Mr. Narayan Biswas talked with our District Human Rights Monitor that BSF every time harassed and tortured upon the villagers. They never arrested the smugglers but innocent villagers are being victimized at their hands and implicated false case against them. It is alleged that BSF personnel took bribe from the smugglers and facilitated their smuggling activities and victimized innocent villagers.
On 26.06.2021 Ms. Rumi Begum, wife of Mr. Aijul Haque lodged one written complaint to the Officer in Charge, Mekhliganj Police Station. Her complaint was received by the duty officer but no FIR was registered on the basis of the written complaint. This violates section 154 of the Code of Criminal Procedure and apex court guidelines in the case of Lalita Kumari vs. State of Uttar Pradesh [WP (Crl.) 68 of 2008] which clearly states that registration of First Information Report is mandatory under section 154 of the Code of Criminal Procedure if the information discloses commission of a cognizable offence. On the same date she was submitted written complaint regarding this incident to the Block Development Officer and Sub Divisional Officer of Mekhliganj but no action has been taken by the administration in this respect.
This incident is another instance of custodial violence by the BSF and negligence of the medical officer and subsequent impunity of the police officials. This culture highly exists in the bordering villages in the state of West Bengal. I appeal to you to take proper action in this respect.
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- +91-33-26220845
Disclaimer:The information in this email is confidential and may be
legally priviledged. It is intended solely for the addressee. Access
to this email by anyone else is unauthorised.If you are not the
intended recipient, disclosure,copying,distribution or any action
taken or omitted to be taken in reliance on it,it is prohibited and
may be unlawful.In such case,you should destrioy this message and
kindle notify kiri...@gmail.com by reply email.
