BSF killed and disappeared the body of young DALT school boy. Police is silent spectators having nexus.
Kirity Roy
30 August 2021
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block – C, G.P.O. Complex, INA
New Delhi – 110023
Respected Sir,
Right at the time when the whole world is observing the International Day of the Victims of Enforced Disappearance on 30th August, another brutal incident of enforced disappearance took place, where one young school boy of Char Durgapur High School was reportedly shot and his body was disappeared by the Border Security Force personnel attached with 117 BSF Battalion in Harudanga BSF Border Outpost in Murshidabad district.
Through our fact finding it has been reported that BSF fired three rounds bullet which directly stroked at the head of the victim boy and injured other persons who were fled from the spot. But from the time of incident the body of the victim boy could not be traced. The mother of the disappeared victim in this incident, Mrs. Minati Mondal lodged complaints to the Raninagar Police Station and Superintendent of Police, Murshidabad but no positive steps have been taken.
It must be mentioned that enforced disappearance is considered to be the worst form of human rights violation as the feeling of insecurity generated by this practice is not limited to the close relatives of the disappeared, but also affects their communities and society as a whole. It has been noticed that incidents of killing civilians by the Border Security Force have significantly increased in the bordering districts of West Bengal in the past few years. 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. It is also to be mentioned that the place of the incident is well inside (half kilometres) Indian Territory from border of Bangladesh.
The perpetrator Border Security force personnel not only violated the rights guaranteed in Article 21 of Indian Constitution but also the premise of Article 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 and Punishment and Declaration on the Protection of all Persons from Enforced Disappearances. The perpetrators also violated the article 2, 3 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979. The perpetrator Border Security Force personnel also made offence under section 201 of Indian Penal Code for causing disappearance of evidence in order to screen their offence.
I hope that the Commission would fairly intervene in this present case as the right of the family of the deceased victim for a fair enquiry has been denied and such denial is still in continuation.
Under the circumstances we demand:
· BSF should be posted in actual borders and not inside villages.
· The whole incident must be investigated by own investigating agency of the Commission.
· The complaint of the victim’s mother submitted before the Superintendent of Police, Murshidabad should be registered as First Information Report since the complaint disclosed commission of offence cognizable in nature and investigation should directed to be commenced forthwith.
· Immediate give direction to the concerned authorities for taking necessary action to recover the body of the disappeared victim boy.
· The guilty Border Security Force personnel involved must be booked and prosecuted in open court of law and not under in camera proceedings where accused, prosecutor and judge are brothers.
· The administration must take appropriate steps to control cross border smuggling in bordering villages.
· The family of the victim must be duly compensated and security and safety of the 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
XXXXXXXXXXXXXXX
Name of the Victims: Mr. Shyamal Mondal, son of Jharu Mondal, aged about 18 years, by caste Scheduled Caste community, residing at village Harudanga under Kalinagar I Gram Panchayat and Raninagar II Block under the jurisdiction of Raninagar Police Station in the district of Murshidabad.
Name of the secondary victims: (i) Mr. Jharu Mondal, aged about 55 years, father of the victim. (ii) Mrs. Minati Mondal, aged about 50 years, mother of the victim. (iii) Master Sudip Mondal, aged about 16 years, brother of the victim. All are residing at village Harudanga under Kalinagar I Gram Panchayat and Raninagar II Block under the jurisdiction of Raninagar Police Station in the district of Murshidabad.
Date & Time of the incident: On 21.11.2020 at about 5 am
Place of the incident: Agricultural land of Mr. Jharu Mondal within L.R. Dag no. 2155 under Majhardiyar mouza and 300 meter distance from the Harudanga BSF camp and half kilometer from the International Border Pillar.
Details of the perpetrators: Border Security Force personnel attached with Harudanga Border Out Post Battalion number 117.
Details of the incident: Mr. Shyamal Mondal was a young school boy of Char Durgapur High School read in class IX. He belonged from poor farmer’s family and Scheduled Caste community. He resided Indo-Bangladesh bordering village namely Harudanga under Raninagar Police Station in the district of Murshidabad. The distance from the International Border Pillar from their house is about one and half kilometer.
On 21.11.2020 at about 5 am Mr. Shyamal went to their agricultural land situated at Majahrdiyar mouza and within L.R. dag number 2155 for watering in the field. The distance of their agricultural land from Harudanga BSF Out Post is about 300 meters and half kilometer from the International Border Pillar. At that time some smugglers were chased by the BSF personnel in front of Harudanga Border Out Post number 1. As the BSF personnel failed to catch those smugglers, they fired at them 3 round bullets and one of the bullets directly stroked at the head of Mr. Shyamal who was an innocent boy and working in the field at that time. As soon as the victim boy was shot, he fell to the ground. As a result of this firing incident by the BSF personnel, several unknown people were injured and they fled from there.
The incident again proves that we have successfully converted the Border Security Force who is the protector of the country into a gang of murderers. The border Security Force authority cannot be given the right to behave as the executioner. Most important part is that those people who tried to smuggle in the Border are unarmed and Border Security Force with the help of fire arms fired at them and killed one innocent young boy. It is completely an imbalance situation where BSF killed unarmed innocent civilian without any cause and just reason. Before firing, BSF did not communicate any warning to them. As the bullet entered straight into the head of the victim boy, so we can assume that BSF had no intention to injure the smugglers by shot them below the belt.
After that BSF personnel took the body of Mr. Shyamal with them and disappeared the body of the victim with intention to hide the prime evidence of crime. This attracts section 201 of the Indian Penal Code for disappearing the prime evidence of the crime. Till date the family members of the victim could not trace the body of the victim. On 21.11.2021 mother of the victim, Mrs. Minati Mondal lodged one written complaint before the Officer in Charge of Raninagar Police Station. Duty officer at that time entered the complaint as missing diary bearing General Diary Entry number 815/2020 dated 21.11.2020 but no positive action has been taken by the police personnel of Raninagar Police Station. On 16.08.2021 she lodged another written complaint to the Superintendent of Police, Murshidabad but till date the body of the victim is not recovered. Seven months have been passed but the no trace of the victim was found.
As per our fact-finding, the perpetrator BSF personnel didn't intimate the Raninagar police station of the incident or any such incident where they fired bullets, which they should have done. We see the website of Raninagar Police Station FIR section where on 21.11.2020 only one case bearing case number 480/20, only one case of 498(A)/34 of Indian Penal Code was registered. Nothing else was registered as cognizable offence in Raninagar PS jurisdiction area, which depicts that the BSF has concealed the whole matter from the police as well.
Killing and disappearance of bodies by BSF in uniform is not a new one in Murshidabad sector of BSF. Many such incidents are going on with impunity. All such complaints were lodged before BSF authorities, Home Departments of central and state governments, district police, district magistrate; but from not a single quarter the authorities acknowledged those, hence no reason to believe that they have taken any action. A systematic killing and disappearance is thus granted by the governments.
I therefore, again appeal to your Commission to change this system of cultural impunity and direct to proper and fair investigation in this respect to find out the truth of the case.
Please watch --- https://youtu.be/yCPiIzLf_C8
--
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
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