National Human Right Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
I lodge this present complaint for the victim Pranballabh Mondal from district-Murshidabad, West Bengal. I lodge this complaint based on our fact finding and the statement of the victim and his witnesses. On 01.03.2017 at about 4.30pm he was assaulted by the perpetrator BSF personnel. The victim lodged one written complaint at Raninagar Police Station which was registered as FIR on 01.03.2017 but till date the police is reluctant to take any action against the accused BSF personnel. The victim complained of acquiescence of police of Raninagar Police Station. Our attached fact finding report gives details of the incident.
The incident articulates that that the right to life of the victim as has been enshrined in Article 21 of the Indian Constitution was grossly violated by the perpetrator BSF personnel and they also violated the international obligations stated in article 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:-
The whole matter should be inquired into by one independent authority preferably by the Commission’s own investigating wing.
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
Police of Raninagar police The Scheduled Castes and the Scheduled Tribes (prevention of Atrocities) Act, 2015, as amended should be attracted in this case.
The accused Border Security Force personnel for committing torture upon the victim must be punished by initiating an independent inquiry into the matter.
The victim must be given adequate compensation, support and protection.
National Convener- PACTI
Particulars of the victim:- Mr. Pranballabh Mondal, son of Late Binoy Krishna Mondal, age-53 years, by birth – Scheduled Caste, by occupation-Farmer, residing at village- Rajapur, Police Station-Raninagar, District- Murshidabad, West Bengal, India.
Particulars of the perpetrators: – The two involved BSF personnel (whom the victim can identify by face) from BSF Out-Post no.1 under Rajanagar BSF Border Out-Post, Police Station-Raninagar, District-Murshidabad.
Date & time of the incident: – At about 4:30 pm on 01.03.2017
Place of the incident: – Near BSF Out-Post no.1 under Char Rajanagar Mouja, Police Station-Raninagar, District-Murshidabad.
Fact Finding Details:-
It is revealed during the fact finding that the victim Mr. Pranballabh Mondal is a farmer by occupation. He belongs to the Scheduled Caste Community and in his family he has his wife Ms. Bithika Mondal and two daughters namely Ms. Pubali Mondal and Purabi Mondal. His wife is the Head (Prodhan) of Rajapur Gram Panchayat. He has his own farming land under Dag no.1770, part no.2, Mouja-Char Rajanagar and Police Station-Raninagar. His farming land is close to BSF Out-Post no.1 under Rajanagar BSF BOP.
On 01.03.2017 at about 10 am he came to BSF Out-Post no.2 and made entry of his name in the registrar at the said out-post for record of in-entry into his farming land which is located on the other side of the border fence towards Indo-Bangladesh border and he also deposited his voter identity card. After completing such formalities at the said BSF out-post he went to his farming land as stated above. There he worked on the field for the whole day by looking after the growing crops (black cumin) and giving water in the land. After completing his work in his farming land and packing his farming tools he was about leave from there at about 4.30pm. At that time the perpetrator BSF personnel from BSF Out-Post no.1 came there and started to beat him by fists, blows and stick. Under such attack he fell down on the ground and the perpetrator BSF personnel beat him by rifle butts. During the assault the perpetrator BSF personnel abused him in filthy languages and also threatened to kill him on the spot. He sustained injuries such as pain, swelling and tenderness on several parts of his body. After that he was allowed to pass through the BSF gate at BSF Out-Post no.2 but he was not handed over his voter identity card and no out record was made in his name in the registrar at the said BSF out-post.
He came to home and disclosed the whole incident to his wife and neighbours. Later, his wife with some other villagers went to Rajanagar BSF BOP and talked with the Assistant Commandant over the incident but in reply the said BSF officer abused them and defended the allegation by telling them that Mr. Pranballabh Mondal tried to attack one of the BSF jawans and in self defense that jawan beat him up.
The victim received medical treatment at Godhanpara Block Primary Health Centre on 01.03.2017 and he also submitted a written complaint before the Officer-in-Charge of Raninagar Police Station stating the incident and the complaint was registered as FIR vide Raninagar Police Station Case No-112/17 dated 01.03.2017 under sections 341/323/325/34 of Indian Penal Code.
In retaliation the BSF also lodged a complaint against the victim at Raninagar Police Station and the complaint was registered as FIR vide Raninagar Police Station Case No-113/17 dated 01.03.2017 under sections 188/186/332 of Indian Penal Code.
During our fact finding the victim and the witnesses affirmed the incident as stated above as true. He also complained that the police of Raninagar Police Station did not take any legal action against the accused BSF personnel based on the FIR.
Background of present incident
The victim stated that the police of Raninagar Police Station is also blameworthy for showing their inaction in connection with Raninagar Police Station Case no.177/2015 dated 20.05.2015 and Raninagar Police Station Case no.195/2015 dated 03.06.2015. In both the said cases the victim was the complainant over the incidents of acid attack upon his minor daughter Purabi Mondal. Due to inaction of the police of Raninagar Police Station the victim submitted a written complaint before the Sub-Divisional Police Officer, Domkal on 30.05.2016. In spite of due receipt of the said complaint the SDPO, Domkal did not take any action and the victim has been still fighting for justice for his minor daughter Purabi Mondal. The victim stated that though Raninagar Police Station registered an FIR over the incident of attack upon him by the perpetrator BSF personnel, but police is not inclined to take any legal action and he apprehends that he would suffer similar police acquiescence which happened in the aforesaid criminal cases relating to his daughter.
Be it mentioned that MASUM lodged complaint before the Commission over the incident of police acquiescence relating to the matter of his daughter Purabi Mondal vide complaint dated 12.06.2015. The Commission registered the complaint vide NHRC Case no.1009/25/13/2015 and finally directed the complaint to be transmitted to the West Bengal Human Rights Commission for disposal. However till date MASUM has no acknowledgement from the West Bengal Human Rights Commission regarding the progress of the case as it is an open secret that the State Human Rights Commission in West Bengal is defunct body.