Dalit man was killed in custody by BSF in 2014, now file is missing, hence NHRC closed the case. IMPUNITY granted. Protest.
Kirity Roy
25 February 2021
To
Respected Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block – C, G.P.O Complex, INA
New Delhi – 110023
Reference: NHRC case number 934/25/15/2014-AD
Original Complaint dated 9 June 2014
Action taken status report of the Commission dated 12.02.2021
Letter of protest against the action taken status report of the Commission
Respected Sir,
This is to inform you that on 12.02.2021 I received the action taken status report from Ms. Shubhra Tyagi, AR (Law), M-3 Section in respect of the above referred case from where it is revealed that your authority closed this case as the requisite reports are still awaited despite issuance of notices to the Secretary of West Bengal State Human Rights Commission. In this respect I want to submit the letter of protest against the decision of the commission to close the case without providing true and complete justice to the family members of the deceased victim.
Sir, this is a case where a Dalit man namely Mr. Swarajit Das was tortured to death by the Border Security Force personnel attached with Boyra-uttarpara Border Out Post of 26 Battalion of Border Security Force and continuous impunity of the police administration regarding proper investigation of this case. On 09.06.2014, I lodged one complaint before the National Human Rights Commission in respect of the above referred incident and your Commission acknowledged the case and registered as NHRC case number 934/25/15/2014-AD. After more than two years on 28.11.2016 one action taken status report of the National Human Rights Commission in respect of the above referred case was received by MASUM office through the medium of post. From the said action taken status report it was revealed that Special secretary, Human Rights Branch, Kolkata vide letter dated 20.07.2015 had intimated the National Human Rights Commission that the State Commission of West Bengal had taken cognizance of this case on 04.07.2014 and since the West Bengal Human Rights Commission had taken cognizance much prior to National Human Rights Commission took cognizance of the said case, therefore, NHRC decided to close the case. The case was reopened on my complaint dated 09.07.2019. After four years of taking cognizance, on 02.01.2020 another action taken status report was received from the website of the State Human Rights Commission, West Bengal which exposed that West Bengal State human Rights Commission directed the Assistant Secretary, WBHRC to trace out the complaint filed by MASUM and placed the file before the WBHRC at the earliest. (Copy of the direction by SHRC, West Bengal is annexed herewith) The date of the incident of this case 16.05.2014 and WBHRC took cognizance of the matter on 04.07.2014 and after more than five years WBHRC directed to trace out the record of this case and place before the Commission. What was done by WBHRC in this five years time period? On 11.06.2020 the Assistant Secretary of MASUM, Mr. Dipyaman Adhikary submitted one letter before the National Human Rights Commission and stating the irregularities in the dispensation of justice system by the West Bengal Human Rights Commission in respect of this case and also requested to take up the charge of inquiry from the West Bengal Human Rights Commission regarding this case (Copy is annexed herewith) and after that on 12.02.2021 this action taken status report of NHRC have been received where NHRC closed the case as the requisite reports are still waited despite the issuance of notices to the Secretary of State Human Rights Commission, Kolkata, West Bengal.
Sir, it is not just procedure to close the case when the West Bengal Human Rights Commission repeatedly failed to submit the report before the National Human Rights Commission. If this procedure is continuing, then no one will respect the Commission and as State Human Rights Commission had ignored the direction of the NHRC; all concerned authorities to which your authority would call for report for an human rights violation case, they deliberately ignore the direction as no coercive process would not be taken by the Commission.
Previous of this last direction i.e, direction dated 25.11.2020 your authority directed, “File sent to the investigation Division DG (I) with the approval of Chairperson within six weeks.” But I am very much surprised when the Commission in their last direction dated 12.02.2021 without applying any coercive process against the officials of the West Bengal Human Rights Commission under section 13 of the Protection of Human Rights Act, closed the case instantly after the respective file sent to the Investigation division of NHRC.
It is improper when at first NHRC directed to send the file to the Investigation Division of its commission and after that closed the case as WBHRC did not submit requisite report in respect of the above referred case. Why the Investigation Division of NHRC did not take up the charge of an impartial investigation in respect of the above mentioned case.
It is very much surprising how did the Commission close a case without filing proper report from the West Bengal Human Rights Commission and without any comments from the complainant side on basis of the said report? Proper justice to the victim and the family members of the victim is hampered for this decision of the Commission in respect of this above referred case.
Sir, this is the case where one man was brutally tortured to death by the men in uniform that clearly indicates human rights violation was committed by the personnel attached with armed forces. In this respect my question is how WBHRC took cognizance of this case where section 29 of the Protection of Human Rights Act, 1993 clearly mentions certain provisions where both National Human Rights Commission and State Human Rights Commission apply their power in the case of a human rights violation and those provisions are sections 9, 10, 12, 13, 14, 15, 16, 17 and 18. Only in respect of the above mentioned sections WBHRC should exercise its power. Section 19 deals with Procedure in respect of human rights violation by armed forces and the power regarding this section is completely conferred upon the National Human Rights Commission as section 29 of Protection of Human Rights Act, 1993 did not expressly or impliedly mention the power of State Human Rights Commission in respect of section 19 of the said Act.
Therefore, after taking cognizance of the above referred case, WBHRC should transfer the same to the National Human Rights Commission for proper disposal of the case. To hold up the case by the WBHRC without providing any remedy more than six years is completely bad in law.
It is mockery of justice that after more than six years have been passed from the date of heinous killing of the victim by the perpetrator Border Security Force personnel but still the message of justice weeps silently. This case is a serious one that exemplifies the characteristics of those ‘Trigger Happy’ Border Security Force personnel who want to keep people down in front of their gun point.
Sir, it is not only a case of killing by the BSF personnel but also this case has various angles. Those perpetrator Border Security Force personnel tore the saree and blouse of the victim’s wife while they were illegally trespassing the victim’s house. Without any female BSF, those perpetrator Border Security force personnel entered the house of the victim late at night. Secondly, the then Sub Divisional Officer of Bangaon, Mr. Sanjay Mukherjee did inquest the body of the victim but it is not legal. We informed that during the time brutal torture, the victim was in BSF custody and therefore it is obviously a custodial death. The administration did not follow the guidelines of National Human Rights Commission and Code of Criminal Procedure, in particular section 176(1)(A) regarding the inquest of the dead body of the victim while death due to torture in custody. Thirdly, after committed this crime series of threat and inducement was done by the perpetrator BSF personnel upon the victim’s family members. Even they tried to settle the matter by offering Rs. 6,00,000 (six lakhs) to the widow of the victim. For six years WBHRC did nothing for proper disposal of the case and when NHRC asked to call for report from the WBHRC regarding this case, they tried to ignore the direction of NHRC. This process in the justice delivery system of the Human Rights Institutions of our country clearly reveals that the WBHRC is in death bed, coma stage; and NHRC always tried to increase the number of disposed off cases and therefore, without applying judicial mind, closed number of important cases arbitrarily.
One more thing on 09.12.2014 a public hearing was conducted by Mr. Amlan Kusum Das, Deputy Magistrate & Deputy Collector, Bangaon, North 24 Pargana (Copy is annexed). In the said hearing Mrs. Sovarani Das, wife of the victim and other witnesses in the village presented there and their statement was recorded. After that no information was received by the family members of the victim regarding the inquiry of the above referred case. On 17.06.2016 a written application submitted to the Sub Divisional Officer, Bangaon by the wife of the deceased victim Mrs. Sovarani Das and praying for compensation under notification of Government of West Bengal (Home Department) vide Registration No. WB/SC-247 and Notification No. 5299 PL dated 01.11.2012 and under West Bengal (victim compensation) Scheme, 2012 as after the fatal death of her husband she ran her life with 3 children very critically and in a penniless condition. (Copy is annexed herewith) On 21.06.2016 SDO, Bangaon just forwarded the letter to the District Magistrate, North 24 Pargana, Barasat (General Section) but till date no action has been taken by the respective authority. Mrs. Sovarani Das several times went to the office of the Sub Divisional Officer, Bangaon, North 24 Pargana but they did not provide any positive reply. Till now the family is stuck into poverty stricken condition. They are landless and working in the agricultural field as labour at irregular basis and receive just Rs. 150/- in a day when work is done. This is very low income and this can never mitigate the necessity to live a normal life.
Sir, justice delayed is justice denied. In the aforementioned case WBHRC took cognizance of the matter on 04.07.2014 and after that continuing to pass a dormitory stage of more than 6 years. Justice Krishna Iyer while dealing with the case Babu Singh vs. State of U.P.(1965 AIR 1467); remarked, “Our Justice system even in grave cases, suffers from slow motion syndrome which is lethal to ‘fair trial’ whatever the ultimate decision. Speedy justice is a component of social justice since the community, as a whole, is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings.” It is the Constitutional obligation of all Human Rights Institutions to devise such procedures as would ensure and implement speedy trial. National Human Rights Commission being majestic authority should maintain this speedy justice procedure and cat as watch tower over the justice mechanism system of all State Human Rights Commissions.
Being the Supreme forum of protection of Human Rights, it is your bounden duty to provide ultimate justice to the helpless widow and the family members of the victim who was tortured to death in the custody of the Border Security Force authority. Our complaint was addressed to you, so it is your primary duty to provide justice to the family members of the victim. State Human Rights Commission, West Bengal is a totally non-functional body and I think NHRC should not depend on the report of the WBHRC in respect of the human rights violation case within the purview of the section 19 of the Protection of Human Rights Act, 1993 and inquired the matter independently by the own investigation wing of the NHRC.
Therefore, it is my prayer not to close the case arbitrarily but your authority should direct to inquire the case by the officials of the investigating division of your Commission and dig out the truth, provide ultimate justice to the deceased victim’s family members and issue coercive process against the responsible officials of the WBHRC and again directed to the concerned authority to provide compensation to the family members of the victim as early as possible.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUM
&
National Secretary, PACTI
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
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