Urgent action solicited. Man in BSF custody from 1/1/2021, not produced before court or police. Arrest, inhuman torture then shot
Kirity Roy
6 January 2021
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block- C, G.P.O. complex, INA
New Delhi – 110023
Respected Sir,
When the higher officials of BSF try to prove themselves as the protector of the country, I want to draw your attention to one incident of illegal detention with brutal custodial torture and firing by the Border Security Force personnel upon one marginalized person namely Mr. Asidul Mia, son of Mr. Kasem Ali Mia, residing at village Satkorpatti under the jurisdiction of Mathabhanga Police Station in the district of Cooch Behar.
On 01.01.2021 at about 7 am Mr. Asidul Mia and Mr. Miraz Haque tried to smuggle the cattle through the area of Boromoricha, as alleged. At that time the on duty Border Security Force personnel attached with Boromoricha Border Out Post of ‘E’ company, 100 Battalion captured Mr. Mia and Mr. Haque at the fencing gate number 1 and started to brutal torture upon him. The on duty Border Security Force personnel at first slapped and kicked upon the victims and after that they beat them with bamboo sticks and their rifle butt at their hand. When the victims became about senseless and lay down on the ground, the BSF personnel told the victims that they released them but they threatened the victims not to inform this incident of torture to anyone. With grave injury in their body when Mr. Mia and Mr. Haque tried to return from the spot, one BSF jawan fired one round from the backside of the victims and the bullet stuck into the Mr. Mia’s lower ribs. The victim fell down on the ground and became completely senseless. After that Mr. Miraz Haque was handed over to the Sitalkuchi Police station without any treatment. At about 9 am those BSF personnel took the bullet injured victim to the Sitalkuchi Block Hospital but the on duty doctor referred the victim to the Cooch Behar M.J.N. Hospital. The victim was admitted in bed number 7 in the second floor of the Surgical Ward in the Cooch Behar M.J.N Hospital. But most striking fact is that till date no doctor did not care the victim to operate and tried to operate the injury and / or to extract the bullet from the victim’s body. Doctors who were visiting the on daily basis, they just prescribed some medicines and the hospital authority bandaged the injured portion of the victim’s body. Victim Mr. Asidul Mia still having the bullet inside his chest from 1 January 2021.
On 04.01.2021 at about 8 pm the BSF personnel took the victim to Sitalkuchi Police Station from Cooch Behar M.J.N. Hospital after consulting with the doctor by their car. It is a strange fact how the doctor release the victim when he was bore such grave injury in his body. But after perusing the critical situation of the victim, officers of Sitalkuchi Police Station did not accept the victim and at about 3 am on 05.01.2021 those BSF personnel again returned back with the victim and admitted him in the same bed of the Cooch Behar M.J.N. Hospital with the help of on duty Medical Officers of the said hospital. In the morning on 05.1.2021 at about 10 am during the time of round of doctor, the on duty doctor referred the victim to the North Bengal Medical College & Hospital, Siliguri. But till time the BSF personnel did not allow the victim to go to the Siliguri Medical College & Hospital for better treatment. Even they threatened the victim to give false statement before the doctor and police that he is in better position and completely fit. But actually the victim is in critical situation and till time the bullet is stuck in his body and the constant threat upon the victim and the family members of the victim by the BSF personnel is going on. As M.J.N. Hospital authority referred the victim to another hospital, they did not take any responsibility of the victim and therefore the victim is without food for one day. This is extreme curtailing of the human rights of the victim. From the time of apprehension of Mr. Asidul Mia, he was in custody of BSF; where he was brutally tortured and even shot.
The abovementioned incident demands answer of several questions –
(i) Why the on duty Border Security Force personnel did not apprehend Mr. Mia and Mr. Haque when he tried to smuggle and handed over him to the local police?
(ii) If Mr. Mia and Mr. Haque were found involved in smuggling activities, then it is a question whether the BSF authority made any seizure list on the spot?
(iii) As a security force BSF has a duty to protect the border, he has no authority to beat any citizen even a criminal then why they brutally tortured the victims?
(iv) Why the BSF fired from the backside of an unarmed and injured civilian?
(v) On which capacity authorities of Cooch Behar M.J.N. Hospital allowed several BSF personnel with arms to stay in patients’ ward, who is not an accused of police case?
(vi) Why the doctors of Cooch Behar M.J.N. Hospital did not take initiative to operate and release the bullet from the body of the victim?
(vii) Without any operation why the victim was laid down 3 days in the M.J.N. Hospital?
(viii) Why the M.J.N. Hospital referred the victim to North Bengal Medical College & Hospital at Siliguri without taking necessary treatment after 4 days passing of his admission?
(ix) What is the authority of the BSF to restrict the victim for going to the North Bengal Medical College & Hospital for his better treatment?
(x) How M.J.N. Hospital authorities allowed the guarding BSF jawans to stay in the same indoor ward even after Medical Officer released and referred the ailing patient for better treatment?
(xi) Sitalkuchi police knowingly allowed perpetrator BSF to give chance or fabricating false evidence with intent to procure conviction of offence punishable, why? For what interest?
(xii) And lastly, Why Sitalkuchi police did not start investigation against the said BSF when they were informed that one Indian citizen is seriously injured by BSF?
I am sure that like every incident in this case also BSF will make a concocted story that the victim tried to attack upon them and for self defense they fired at him.
Mr. Mia is belonging to a very poor family who has no agricultural land and he has sole responsibility to run the lives of the nine family members. His parents are mentally challenged and he has three children one daughter of 5 years age and two sons of 3 years and 2 years. Most interesting fact is the daughter did not admit in the school. Even the victim did not get 100 days’ work under MGNREGA scheme and therefore he had to go as migrated labor to Delhi or sometime run the life by working as a masonry worker in the area.
This incident is a grave violation of Article 21A of the Constitution of India where education to all children is mandatory. The government has various social security schemes for the upliftment of the life and livelihood condition of the people residing in the rural areas but nothing is maintained here by the local and district administration.
The above stated incident is a true incident of our claim that “Trigger Happy” BSF continues to torture and kills civilians and manufactures some absurd narrative to justify their action. This incident is violated Article 21 of the Constitution of India as well as article 6, 7 and 9 of the International Covenant of Civil and Political Rights. Perpetrator BSF personnel also violated Article 2, 3 and 5 of the United Nation Code of Conduct for Law Enforcement Officials which was adopted by the General Assembly resolution 34/169 of 17 December 1979. The on duty doctors of Cooch Behar M.J.N. Hospital also violated the guidelines set by the Indian Medical association and World Medical Association for better treatment of the torture victims. Supreme Court of India has laid down in many of its judgment that the criminal liability of medical negligence has been kept on a high pedestal and has gone to awarded compensation in many cases. It is shameful that the doctors are under oath to provide due care to patients in need who rely on them blindly but unfortunately doctors are not really at the disposal of people with money.
Here I request your urgent intervention in this matter with following demands –
· The whole incident must be investigated by its own investigating agency of the Commission.
· The guilty Border Security Force personnel involved in committing the offence must be booked and prosecuted
· From 01.01.2021 to till time the victim was illegally detained in the custody of the BSF where he was tortured and even shot. Legal punishment should be done for this heinous crime committed by the perpetrator BSF personnel.
· Immediately take action to transfer the victim to North Bengal Medical College & Hospital, Siliguri for better treatment.
· Proper treatment of the victim should be borne by the State.
· The disciplinary action should be taken against those doctors of the Cooch Behar M.J.N. Hospital who denied the victim for proper treatment.
· Strong action should be taken against the authority of the M.J.N. Hospital who illegally allowed the BSF posting in the indoor ward of the said hospital to guard the victim.
· Action must be taken against those officials of the Sitalkuchi Police Station who are neglectful in their duty to investigate the case of bullet injury of the victim.
· The victim must be duly compensated.
· Security and safety of the victims and their family members must be protected.
· Lastly, we demand the perpetrators and their associates must be booked and prosecuted in the open court of law.
Thanking you
Yours sincerely
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Both are sharing Bed No. 7 of Surgical Ward MJN Hospital, CBR on 6/1/2021
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.