Another case of inhuman torture by BSF to an Indian citizen on suspicion. Does BSF above the Constitution of India?

To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G. P. O. Complex, INA
New Delhi-110023

Respected Sir,

Alarming trend of Border Security Force in the bordering areas ofDistrict Murshidabad, West Bengal resorting to torture upon innocentvillagers became daily affairs. The victim Mr. Bakbul Islam of Village– Lalkup (East), Police Station – Raninagar, District – Murshidabad was mercilessly assaulted by the perpetrator Border Security Force personnel on 06.01.2017. The victim sent written complaint before the Superintendent of Police, Murshidabad but any action on the complaint is still awaited. Our attached fact finding report gives details of
the case.The above incident again shows the violent nature of the law enforcing agencies in the bordering areas where torture upon the innocent villagers are rampant whether they are involved with any crime or not as the law enforcing agencies including the police enjoy an absolute impunity in the area. The right to life of the victim as has been enshrined in Article 21 of the Indian Constitution was grossly violated.

The law enforcing agency also violated the international obligations stated in Article 2, 6 and 7 of ICCPR and Article 2,3,5,6 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General
Assembly resolution 34/169 of 17 December 1979 and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders.

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

Secure the life and liberties of the innocent villagers from being tortured in the hands of the law enforcing agencies such as Border Security Force and police.
The accused Border Security Force personnel for entreating torture upon the victim must be booked under the law and punished for their alleged assault upon the victim by initiating an independent inquiry into the matter.
The victim must be given adequate compensation, support and protection.

Thanking you,
Yours truly,

(Kirity Roy)
Secretary- MASUM
National Convener- PACTI

Particulars of the victim: – Mr. Bakbul Islam, son of Mr. Rayejuddin Mondal, aged about-37 years, by faith-Islam, by occupation-farmer, residence at village-Lalkup (East), Block-Raninagar-II, Post Office-Bamnabad, Police Station-Raninagar, District-Murshidabad, West Bengal, India.

Particulars of the perpetrators: – One BSF Major Sahab, one Subedar Sahab and two BSF jawans of the said Kakmari BSF BOP, Battalion-83 under Raninagar Police Station, District-Murshidabad.

Date & time of the incident: – On 06.01.2017 at about 8.30am.

Place of the incident: – At Kakmari Char near BSF Out-Post no.9.

Fact Finding Details:-

It is revealed during the fact finding that the victim has two minor sons namely Sariful Sk. (aged about-15 years) and Sakil Sk. (aged about-10 years) and his wife Ms. Dipali Mondal is a housewife. He maintains his family by farming in his own land located at Kakmari near BSF Out-Post no.8 & 9.

According to the victim on 06.01.2017 about 8 am he was on walking on the border road and moving towards his farming land.  Then at about 8.30am when he was passing by Kakmari BSF BOP he was caught hold by one BSF Major Sahab, one Subedar Sahab and two BSF jawans of the said Kakmari BSF BOP. Those BSF personnel started to assault him on the allegation that he was moving there for the purpose of smuggling. He was forcibly dragged to BSF Out-Post no.9 by the said BSF personnel and there he was again beaten by wooden stick from his waist to feet,
hands and abdomen. He sustained bleeding injury on his left heel and right hand elbow. Due to assault nail on his left leg was smashed.
Besides that he received swelling and pain on left side of his abdomen due to assault by rifle butts. The victim lost his sense under such heinous assault. The BSF personnel took his unconscious body to a nearby field of BSF Out-Post no.9 and left him there on the ground. The local people rescued him from the field and took him to a local
quack doctor. By treatment of the local quack doctor he gained his sense. Subsequently the victim received medical treatment from Dr. S. K. Pal. There are several eye-witnesses of the incident such as Mr. Sajibul Sk, Lalchand Sk, Mr. Saddam Sk and many others.

On 19.02.2017 the victim sent a written complaint to the Superintendent of Police, Murshidabad by registered post stating the aforesaid incident of torture and physical assault upon him committed by the perpetrator BSF personnel. The victim stated that till date no action has been taken on his complaint, which was confirmed by our fact finding team too.

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