To 17 April 2017
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
I lodge this present complaint where the victim a , chedule Caste youth from district-Murshidabad, West Bengal was subjected to physical assault by the perpetrator Border Security Force personnel; the resulted injury was so severe that he is not in a position to perform regular activities with his left arm. He lodged written complaint before the Superintendent of Police, Murshidabad but no action has been taken till date. He was returning his home after illegally smuggled buffalos to Bangladesh by paying bribe to the posted BSF personnel. He was severely injured by the torturous acts of BSF personnel.
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.
- Involvement of BSF personnel in cross border smuggling at Indo- Bangladesh border should be investigated by high level investigating authority
- The perpetrator BSF personnel should be booked under the law and be punished in accordance with law.
- The complaint submitted before the Superintendent of Police, Murshidabad should be treated as FIR against the perpetrator BSF personnel and investigation must be commenced forthwith.
- The victim and his family should be provided with adequate compensation and protection.
National Convener, PACTI
Name and details of the victim: Mr. Ganapati Mondal, son of Mr. Sunil Mondal; aged about 29 years, belongs to Schedule Caste community, a resident of village- Harudanga, post office- Harudanga, under Raninagar police station, District- Murshidabad, West Bengal
Secondary Victim: Ms. Tuti Mondal Bibi; aged about 22 years; wife of the victim, Ms. Tina Mondal; aged about 6 years; daughter and Master Raj Mondal; aged about 2 years; son
Name and details of the perpetrators: Border Security Force Personnel from Harudanga Border Outpost of BSF Battalion- 83
Date and time of the incident: 05.03.2017 at around 2:00 AM
Place of Incident: at adjacent to Harudanga Border Outpost of BSF Battalion- 83 under jurisdiction of Raninagar Police Station
Mr. Ganapati Mondal lives in penury with his young wife and two minor children. He is landless but not enlisted in BPL category. Due to his impoverished financial stat, most of the time he has to migrate to different states in search of living; while he stays at his native; he used to smuggle out cattle to Bangladesh as mere courier.
On 4th March 2016 at around 10:00 pm, he crossed the border with a pair of buffalos. He received the pair of buffalos from one Mr. Enamul; who is a smuggling kingpin of the area. As reported Mr. Enamul paid the unofficially settled bribe to the posted BSF personnel at Harudanga Camp and local police station and continuing the cross border smuggling activity for long. Mr. Ganapati Mondal while crossed the border uses the road in front of Harudanga Camp and nobody made any hindrance. It was also reported that the posted BSF personnel facilitating cross border smuggling for a long and thousands of cattle crossed through the point against fixed rate of bribe. Ganapati was returning at around 2:00 am on 5th March 2017, after handed over the cattle at the other side of the border. While he reached at the Harudanga Camp; on his way to home; 6 BSF personnel intercepted him and one of them hit his left arm with bamboo stick and the injury is so severe that still he is not in a position to perform his regular activity with his left arm. He received medical attention at private medical services under Dr. NK Roy and Dr. Ramakanta Majumdar. He sent a written complaint to the Superintendent of Police; Murshidabad on 22.03.2017 but till date no action has been taken.