Muslim youth killed by BSF by stone pelting in 2014. Now the family members under series of attack by police, having nexus with BSF. False charges, arrest, threat

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 over an incident of illegal detention of a person and implicating him in a fabricated and false criminal case. The aggrieved is a poor agrarian labour and was uncle of extra judicially killed youth; who was killed by the BSF personnel in year 2014 and we made complaint over the incident to the Commission on 5th May 2014, which was duly registered as NHRC Case No. 666/25/15/2014-PF. We also made an update available to NHRC on 17th December 2016. BSF in connivance with local police are hell-bent for withdrawal of the complaint which the family members are not ready to.

The incident was in total contravention of Article 22 and 21 of Indian Constitution and other specific procedures for arrest, detention, search and seizure. The incident was in contravention of Article 9 (1) and (3) of ICCPR and Article 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979.

I am attaching herewith a brief case detail which is self explanatory in nature and request for your immediate intervention over the incident through under mentioned directions:-

 

  • The incident must be investigated by the Commission’s own investigating unit
  • The continuous threat and inducement by the police and BSF over the family members of the extra judicially killed Sohag Sahaji must end
  • The false and fabricated charges against the aggrieved must be withdrawn
  • The police personnel involved in illegal detention and fabrication must be booked under specific criminal charges
  • Fabrication with manufacturing of government (police) records and using those false records as evidence to be dealt with strong hands.
  • The family must be duly protected and compensated

 

Name and details of the victim: Mr. Din Islam Sahaji; son of Late Ghanu Sahaji; aged about 40 years, by faith- Muslim, resident of village- Hakimpur- Uttarpara, Post Office- Hakimpur, Police Station- Swarupnagar, 24 Parganas (North), West Bengal

Name of the secondary victims: Ms. Rehana Khatun; wife and Ms. Salma Sahaji; daughter

Name and details of the perpetrators: 1. Mr. Satyam Ghosh; Officer in Charge of Swarupnagar Police Station 2. Mr. Maloy Mondal; Sub Inspector- Swarupnagar PS 3. Mr. Siddhartha Mondal; Sub Inspector- Swarupnagar PS and other police personnel of Swarupnagar Police Station

Place of the incident: Idgah at Daharkanda; adjacent to Outpost No. 10 and Point No. 9 of Border Security Force

Date and Time of the incident: at around 7.00 PM on 06/05/2017

Case Detail

Mr. Din Islam Sahaji is a poor agrarian labour and he was the uncle of Late Sohag Sahaji; who was killed by the BSF personnel in year 2014 and we made complaint over the incident to the Commission on 5th May 2014, which was duly registered as NHRC Case No. 666/25/15/2014-PF. We also made an update available to NHRC on 17th December 2016, informing the Commission about the BSF’s effort to influence and allure the witnesses of the case; which is also being pending before the BSF Court and the case was initiated after Commission’s intervention. BSF in connivance with local police are hell-bent for withdrawal of the complaint which the family members are not ready to.

On 06/05/2017 at around 7.00 PM, Mr. Sahaji came to Swarupdah market through his bicycle; which is nearly 2 kilometers away from his home. After spending half an hour at the market, he was returning to his home and while reached at Idgah of Daharkanda; adjacent to Outpost No. 10 and Point No. 9 of Border Security Force; Mr. Adhir Chowdhury; a Border Security Force personal asked him to stop. It was also learnt that the BSF officer just below the rank of Company Commandant also present at the spot with his vehicle. The police personnel from Swarupnagar Police Station were also present at the spot with their vehicle and taken Mr. Sahaji on their vehicle. On 06/05/2017; the BSF personal; Mr. Adhir Chowdhury visited Mr. Sahaji’s home and handed over the bicycle to the family and informed that he was being apprehended by Swarupnagar police station.

On the other hand; Swarupnagar police cooked up a story that Mr. Sahaji was arrested from Dak Bungalow Road at Hakimpur Mathpara on 07/05/2017 with firearms on a tip off from their informer and initiated a case against Mr. Sahaji vides Swarupnagar PS Case No. 363/17 dated 07/05/2017 under sections 25(1)(a) and 27 of Indian Arms Act.  He was produced before the Additional Chief Judicial Magistrate’s Court- Basirhat on08/05/2017 and sent to judicial custody. He was detained for more than 24 hours at Swarupnagar Police Station and in between, elected Gram Panchayet member; Mr. Pintu Kundu and other villagers visited the police station in subsequence and requested for release of the innocent person but the Officer in Charge of the Swarupnagar PS; dillydallying over the issue; on 7th May 2017 morning, he told the assemblage that Mr. Sahaji would be released in evening and on the same day evening the OC said he would be released on next day morning; 8thMay morning but Mr. Sahaji was sent to court on 8th May afternoon.

On 12th May 2017, nearly 250 villagers with member of Bithari- Hakimpur Gram Panchayet submitted memorandum to the Superintendent of Police; 24 Parganas (North), Sub Divisional Police Officer; Basirhat, Block Development Officer- Swarupnagar and Officer in Charge of Swarupnagar Police Station and demanded for withdrawal of false and fabricated criminal case against Mr. Sahaji.

The concocted story by Swarupnagar police has many gaps and falsification was evident; few of them are mentioned bellow:-

  • Mr. Sahaji was arrested on 6th May 2017 at around 7.30 PM in presence of BSF officials from road and his bicycle was handed over to the family on the same night by a BSF personal but police shown arrest on 7th May at around 10:45 PM; only to evade charges of illegal detention of Mr. Sahaji at Swarupnagar Police Station. In between, on 7th May; a local Gram Panchayet member and many villagers visited the police station and discussed with the Officer in Charge for his release and withdrawal of false case.
  • According to the Swarupnagar Police; they seized an impoverished country made firearm from Mr. Sahaji but in the seizure list, the witnesses were only police personnel, not a single passerby or resident of the locality; whereas the place of arrest shown by the police is a busy thoroughfare of the area.

Custodial death allegedly by torture. Normal procedures violated by the administration to shield the perpetrators

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, G.P.O. Complex, INA

New Delhi-110023

Respected Sir,
I lodge this present complaint in the matter of alleged murder of the victim Nur Haque Ali in the custody of Dinhata Sub-Correctional Home, District-Cooch Behar. In gist it is alleged by the family of the victim that he was arrested by the police of Dinhata Police Station on 05.04.2017 at night from his residence and later he was sentenced by the court to undergo imprisonment for one month in connection with a maintenance case filed by his wife. Accordingly he was in detention at Dinhata Sub-Correctional Home, Dinhata, but on 08.05.2017 he died an unnatural death while in custody at the correctional home. The victim’s family in writing lodged complaint at Dinhata Police Station on 09.05.2017 that the victim was murdered in the said correctional home. Though the complaint was registered as FIR no action has been taken against the accused persons till date. Our attached fact finding report gives details of the incident.

It is further came out during the fact finding that no enquiry by any judicial magistrate has taken place till date in compliance of section 176(1-A) of the Criminal Procedure Code. Moreover till date the information of the custodial death of the victim as well as the video recording of the post mortem examination of the victim was not sent to the Commission which is a blatant violation of the guidelines issued by the Commission in case of custodial death.

Under the circumstances, I pray for immediate intervention of the Commission in the present complaint on the following points:-
· The whole matter should be inquired by the Commission’s own investigating wing.

· An inquiry by a Judicial Magistrate must be held to ascertain the actual cause of death of the victim in custody.

· The perpetrators/accused persons must be arrested forthwith and they must be punished in accordance with law.

· The concerned authorities must be directed to take action in compliance of the guidelines issued by the Commission in case of custodial death.

· The Government of West Bengal should be directed to provide compensation

 

Particulars of the victim: – Nur Haque Ali (deceased), son of Akkach Ali, aged about-65 years, by faith-Islam, residential address at village-Ratinandan Konamukta Payasti, Police Station-Dinhata, District-Cooch Behar, West Bengal, India.

Particulars of the perpetrators: – The Superintendent of Dinhata Sub-Correctional Home, District-Cooch Behar and the other involved personnel of the said correctional home.

Place of the incident: – At Dinhata Sub-Correctional Home.

Date of the incident: – On 08.05.2017

Fact Finding Details:-

It is revealed during the fact finding that the victim Nur Haque Ali was arrested from his residence by the police of Dinhata Police Station on 05.04.2017 at night. On the next day he was produced in the court of the Additional Chief Judicial Magistrate, Dinhata. He was sentenced to suffer one month imprisonment in correctional home in connection with a case for maintenance lodged by his wife Ms. Nurnahar Bibi. Accordingly he was sent to Dinhata Sub-Correctional Home to serve the sentence. He was supposed to be released from the correctional home on 08.05.2017.

On 09.05.2017 at about 3 am the police from Dinhata Police Station arrived at the residence of the victim and informed his family members that the victim was at Dinhata Sub-Divisional Hospital and asked them to sign on a paper. But they did not sign on the paper produced by the police. They reached at Dinhata Sub-Divisional Hospital and found that the victim was lying like a dead body beside the emergency ward of the said hospital and he had no cloth on upper portion his body except his body was covered with a blanket. The daughter of the victim asked the doctor Mr. Indrajit Das who was available there at that time about what happened with the victim. He stated that the victim was brought dead at the hospital at about 9pm on 08.05.2017. Mr. Mosufa Ali (son of the victim) and other family members who were present in the hospital at that time stated that they saw marks of injuries on several parts of the body of the victim. They further stated that there was no one present from the Dinhata Sub-Correctional Home when they were in the hospital and they heard that the personnel from the said correctional home left the hospital after leaving the victim’s body.

It is reported that one executive magistrate namely Mr. Manbind from Dinhata Sub-Division was present during the inquest conducted by Mr. B. K. Rai being the Sub-Inspector of Police of Dinhata Police Station.

The post mortem examination of the victim was held at M.J.N. Hospital, Cooch Behar on 09.05.2017. The cause of death of the victim is still pending due to non-receipt of chemical analysis report of viscera. The police of Dinhata Police Station registered one unnatural death case on the death of the victim vide Dinhata Police Station U. D. Case no.49/2017 dated 08.05.2017.

On 09.05.2017 Mr. Mosufa Ali submitted a written complaint before the Inspector-in-Charge of Dinhata Police Station alleging that he saw several marks of injuries on the body of his father i.e. the victim when he saw the body of his father lying at the hospital. He also alleged of murdering of his father i.e. the victim inside Dinhata Sub-Correctional Home in his written complaint. The complaint was registered as Dinhata Police Station Case no.456/2017 dated 09.05.2017 under sections 302/34 of Indian Penal Code against the Superintendent of Dinhata Sub-Correctional Home and other staffs of the said correctional home. However the Investigating Officer (I. O.) of the case is sitting idle on the investigation and he did not take any action against the accused persons till date.

It is further came out during the fact finding that no enquiry by any judicial magistrate has taken place till date in compliance of section 176(1-A) of the Criminal Procedure Code. Moreover, we came to know that till date the information of the custodial death of the victim as well as the video recording of the post mortem examination of the victim was not sent to the Commission which is a blatant violation of the guidelines issued by the Commission in case of custodial death.

Erstwhile enclave dweller, Scheduled Caste, DALIT woman died in settlement camp due to total negligence of the government offices

To                                                                                                                                28 May 2017

The Chairman,

National Human Rights Commission,

Manav Adhikar Bhawan,

Block-C, GPO Complex, INA,

New Delhi- 110023

Respected Sir,

 

I want to draw your kind attention over an incident of death of an erstwhile Indian enclave dweller; Late Puti  Barman aged about 31 years. The deceased came to India with her family from 150 Dashiyar Chora; an erstwhile Indian enclave inside Bangladeshi territory. She was along many others who opted for Indian citizenship after implementation of Land Boundary Agreement (LBA) on 31st July of 2015. Government of India took her alongwith others, brought India and given temporary shelter under it’s custody.

 

On 29th November 2015, victim with her family members entered into India. As per the LBA the erstwhile Indian enclave dwellers from Bangladesh, located in 3 temporary rehabilitation camps until they are duly compensated and permanently rehabilitated. Deceased’s family was taken into the camp situated at Dinhata in Cooch Behar district. It was mentioned in LBA that the every livelihood issues of these people will be taken care of Indian Government. But the situation of them got worse by the time. The given ration was not sufficient for a family and these people have no way to income.

 

So most of them started work as a land labor and some of them migrated to other states. Like others, husband of the deceased; Mr. Pradip Barman was also engaged himself to work as a land labor. After some days victim’s health condition was deteriorated. Several times Mr. Pradip Barman asked for treatment for his wife to the concerned authorities of the said camp. But they did not pay any heed on this. Later victim got treatment from the monthly medical camps which we organized at the Cooch Behar supported by UNVFVT.

 

In the month of December, the health conditions of the deceased deteriorated further and she was admitted to Dinhata Sub Divisional Hospital and then transferred to Cooch Behar MJN Hospital. She was released after few days. On 11th March 2017, the deceased was losing her sense frequently and was suggested for a Computed Tomography (CT) Scan by Dr Tapas Kumar. The deceased was brought to Reddy Healthcare Private Limited at Siliguri and CT Scan was done there on the same day. But she died while she was returning to her place at Dinhata Camp by an ambulance hired by her husband. It was learnt that in between she was treated by private medical care facilities as well many pathological and other medical examinations were done at private institutions and the family incurred all the expenses. No health facility was there. Earlier, one doctor was deputed to check up the enclave dwellers once in a month. But that facility also stopped for 7 months.

 

This whole episode is actually reveal the total uncare and apathy by the government and its agencies who promised that the erstwhile enclave dwellers will provided with all citizenry benefits and services. The situations in rehabilitation camps for erstwhile enclave dwellers opted for Indian citizenship and came from Bangladesh are marred by total dehumanization and apathy; they are forced to live in sub human living conditions. In this reference I wish to inform you that nearly 6 persons have been died; as report available to us, from November 2015 to till date at three rehabilitation camps at Coochbehar district due to non- availability of proper food and medical attention. The situation is not only a case of departure from promise by a government but against the basic premises of providing human living to all inside a territory of country.

 

In this context I demand for:-

  • An investigation over the cause and reasons of death of Puti Barman

This death should be treated as “Death in Custody” and action be taken accordingly

  • Financial compensation for the family
  • Direction to the governments to keep its promise regarding citizenry rights of the dwellers in rehabilitation camps for erstwhile enclave dwellers
  • Proper rehabilitation and compensation to be done without further delay to the Indian enclave dwellers brought from Bangladesh.
  • Government of India and Government of West Bengal should pay respect to the report submitted in 119th Constitution Amendment Bill passed by the Parliament of India.
  • The governments should ensure all the benefits and rights regarding employment, livelihood, medical care, education and social security to all living in rehabilitation camps for erstwhile enclave dwellers.

 

Sincerely Yours

Kirity Roy

Secretary- MASUM

 

Victim is under serious and continuous threat from BSF, case is pending before NHRC. BSF warned to withdraw the complaint.. Police and BSF nexus

To                                                                                        

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi – 110023

Sir,

 I want to draw your kind attention on an incident where victim of torture is getting continuous threats and intimidation to withdraw his complaint which was lodged before the NHRC.  The complaint was made on 26thJanuary 2016 and registered vides NHRC Case Number – 258/25/13/2017-PF. The details of the victim was; Mr. Rahidul Sarkar, son of Mr. Mamtaj Sarkar, aged about-25 years, by faith-Muslim, , residing at village-Nolbona Lalkup, Block-Jalangi, Post Office-Bamnabad, Police Station-Raninagar, District-Murshidabad, West Bengal, India.

 The gist of the complaint was as follows; on 17.12.2016 at about 10 am, Mr. Rahidul Sarkar, deposited his voter identity card and bicycle at BSF Out-Post no.4 and after recording his name in the register maintained at the BSF Out-Post he was going to his farming land. At that time two BSF personnel were on-duty at the said BSF Out-Post. Suddenly one of the BSF personnel called the victim back to the Out-Post and he started to abuse the victim in filthy languages. The said BSF personnel blamed on him that he would go to Bangladesh. The BSF personnel giving such false blame upon the victim started to assault him by wooden sticks. The victim repeatedly requested them to return his voter identity card and bicycle if he was not allowed to go to his farming land. But the BSF personnel did not pay any heed and they continued to assault the victim by wooden sticks. The victim told them not to hurt him on his left leg as he sustained fracture on the said leg two years ago in a road accident and he did not fully recovered. But the BSF personnel did not care and they intentionally and deliberately hurt on his left leg by wooden sticks repeatedly. The BSF personnel also tried to throttle his breath by holding his neck and forcibly squeezed his ears.    Some co-villagers of the victim rescued him and brought him to Godhanpara Block Primary Health Centre for medical treatment. On the next day he received medical treatment from Sagarpara Primary Health Centre. He was also medically treated at Murshidabad Medical College and Hospital. The medical history reports of the victim showed that he sustained swelling, pain and fracture injuries. The victim sent a written complaint to the the Superintendent of Police, Murshidabad on 22.12.2016 through registered post stating the incident of physical torture committed upon him by the perpetrator BSF personnel.

 UPDATE

In recent development the BSF personnel regularly visiting the victim and his family and pressurizing him to withdraw his complaint before the Commission. In subsequent occasions on 11, 12 and 21 April 2017. at around5-6 PM in previous two occasions and around 12-1 AM on last, the personnel made visits to victim’s house and intimidated him and his family. The BSF personnel also threatened him by saying that he will be prevented to visit his lands for farming and also would be arrested him in some false charges if not complied their dictum. In this circumstance the victim is living under threat and danger.

 On 18.04.2017 victim lodged one written complaint to the Superintendent of Police of Murshidabad narrating the whole incident but no action has been taken till.

 Hence we seek your urgent intervention in the following manner:-

·         The victim must be given full protection and district police and administration must be directed to provide full security and safety to the victim

·         Restrict the BSF personnel from any move to check the legal and legitimate movement of the victim

·         NHRC team should visit district Murshidabad and record the testimonies of numerous victims of torture and family members of extra judicially killed persons along with the witnesses and come out with a long term solution and remedy

Thanking you,

Yours sincerely,

 Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

Enclave dweller came from Bangladesh, got shelter at Dinhata Krishi Firm by Indian government, died without treatment in Delhi. No one is accountable.

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan,

Block-C, GPO Complex, INA,

New Delhi – 110023

 

Respected Sir,

I with my present complaint bring to your attention the following facts and seek your intervention for the victim Ms. Laiju Begum and her two minor children.

The victim used to reside with her husband Md. Samsul Haque in an Indian enclave (Chhit no.150, Chhit name-Dasiar Chhara) surrounded by Bangladesh territory. After the execution of India-Bangladesh land Boundary Agreement, the victim’s husband opted to come to India with the victim. Accordingly he was issued Temporary Travel-cum-Identity Pass and he came to India and started to reside at Dinhata Krishi Mela which is one of the temporary shelters for the people who came to India from the erstwhile Indian enclaves surrounded by Bangladesh territory. There he used to reside at house No. 47 with his wife and his minor son Sadik Rahaman (age-4 years) but the condition of the shelter was not fit for human habitation in dearth of jobs, food, cloth and other basic necessities of life. It is revealed during the fact finding that about 58 families from Dasiar Chhara enclave were provided temporary shelter at Dinhata Krishi Mela but the facilities provided to them by the administration were not sufficient to meet their bare and minimum requirements.

Considering the circumstances he with many other people from the said shelter went to Delhi for earnings by working as day labour. He had to go out of the temporary shelter in search of earnings in the month of June, 2016 considering the situation that his wife was pregnant at that time coupled with duty to maintain his wife and the minor son. But unfortunately he died on 26.09.2016 while he was in Delhi. After his demise the victim gave birth to a female child and her name is Sadika Sultana. At present she is not physically well and unable to make any earning by herself. After demise of her husband she has been living in poor condition with her two minor children at Dinhata Krishi Mela.

The victim Ms. Laiju Begum filed a written application before the Sub-Divisional Officer, Dinhata on 21.10.2016 disclosing her appalling condition and she prayed for necessary help to sustain herself and her children. At the time of submitting the petition her daughter was only 4 days old. The Sub-Divisional Officer, Dinhata duly received the petition on 21.10.2016 but till date did not take any action for the victim by considering her human appeal. Due to insensitive attitude of the administration the victim is at the fag end of living a life with dignity with her minor children.

Under the circumstances, I seek your urgent intervention on my present complaint and I hope that the Commission would consider my following demands for the victim:-

  • The whole matter should be inquired into by one neutral authority.
  • Direction to the concerned authorities for immediate assistance to the victim and her two children for their proper and permanent rehabilitation and arrangement of basic requirements of life for them.
  • Necessary action for proper and permanent rehabilitation and adequate compensation to all the people living in subhuman condition in the temporary shelter.
  • Any other action as the Commission may deem fit and proper.

 

Thanking You,

Yours truly,

 

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI