Muslim youth was abused, assaulted by BSF in broad day light in the village road for not performing duty of BSF only

To                                                                                                                                10 April 2017
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi-110023

Respected Sir,

I lodge this present complaint where the victim Mr. Abdullah Mondal; a Muslim youth from district-24 Parganas (North), West Bengal was subjected to severe physical assault by the perpetrator BSF personnel on 18.03.2017 at about 11.30 am when he was at his farming land and doing agrarian works. He sustained severe injuries due to the assault. He lodged written complaint before the Officer in Charge of Swarupnagar Police Station; though the complaint was registered as Swarupnagar PS Case No. 211/17 dated 18.03.2017 under sections 341/ 323 of Indian Penal Code, but no action regarding investigation has been taken till date.

The incident was in total contravention of Article 21 of Indian Constitution; which guarantee life and liberty to all. The BSF personnel also violated the international obligations stated in Article 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.

Our attached fact finding gives details of the incident.

Hence I seek your urgent intervention in this present complaint with prayer to consider following demands:-

·         The whole matter should be inquired by one independent investigating agency preferably by the Commission’s own investigating wing.

·         The perpetrator BSF personnel should be booked under the law and be punished in accordance with law.

·          The victim and his family should be provided with adequate compensation and protection.

Thanking you,

Yours truly

Kirity Roy
Secretary, MASUM
&

National Convener, PACTI

 

Name of the victim – Mr. Abdullah Mondal aged about 22 years, son of Mr. Tachiruddin Mondal lives in village- Gobra, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas.

Name of Secondary Victim – Mr. Tachiruddin Mondal (Victim’s Father) aged about 55 years.

Date and time of the incident – On 18th March 2017 at around 11.30 am.

Place of the incident – At India Bangladesh Border Road (IBBR) near to gate number 17 and 18 under Gobra Border Outpost of 76 BSF Battalion.

Details of the perpetrator – One Border Security Force personal; Mr. Jishan Ghosh of Gobra Border Outpost under BSF Battalion 76.

Name of the eyewitnesses

1. Mr. Murad Fakir, son of Mr. Ifajtullah resides at village- Gobra, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas

2. Mr. Majed Biswas , son of Mr. Madar Biswas resides at village- Gobra, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas

3. Mr. Aynal Sardar, son of Mr. Alam Sardar resides at village- Gobindapur, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas

Case Details

Mr. Abdullah Mondal belongs to Muslim community. He is aged about 22 years. He helps his father in farming. He lives with his parents. On 18th March 2017 at around 11.30 AM, victim was working on their agrarian field as victim’s father was not physically well and he is taking care of the agrarian activities of their family.

On the mentioned date and time one Border Security Force personal; Mr. Jishan Ghosh of Gobra Border Outpost of 76 BSF Battalion called him from Indo- Bangladesh Border Road; which is around 200-300 meters from his agrarian field. Abdullah responded and went in front of the BSF personal. While he reached, the perpetrator Border Security Force personal started abused him verbally and accused him that Abdullah not restricted a man to cross the border while he was in his agrarian field; Abdullah tried to convince the BSF personal that he has not observed any one to cross through his land. The BSF personal got furious over the reply and he started indiscriminate physical aggression over Abdullah, he was kicked and slapped several times at his whole body by the BSF personal. Due to the severe bashing; Abdullah fell in to the ground. Then the BSF personal kicked on victim’s face and Abdullah received punctured injury just beneath his left eye through the boot spikes of the BSF personal. Victim received also several injuries on his whole body.

Mr. Murad Fakir, son of Mr. Ifajtullah of village- Gobra, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas, Mr. Majed Biswas, son of Mr. Madar Biswas of village- Gobra, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas, Mr. Aynal Sardar, son of Mr. Alam Sardar of  village- Gobindapur, Post Office- Taranipur, Police Station – Swarupnagar, District – North 24 Parganas, rushed to the spot, witnessed the incident and enquired about the reason for inhumane torture upon Abdullah. The BSF personal bluntly replied that few Bangladeshi persons ran away from the area but victim did not stop them. The villagers questioned how he can observe the same while he was engaged in agrarian work and protested severe physical aggression over the innocent youth; the BSF personal left the spot.

Abdullah was brought to Sarapul Rural Hospital for treatment. On next day victim lodged one written complaint to Officer in Charge of Swarupnagar Police Station which was registered as Swarupnagar PS Case No. 211/17 dated 18.03.2017 under sections 341/ 323 of Indian Penal Code. Till date no inquiry/investigation was made by police at the village, witnesses were not examined and no arrest was made.

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