To 19 May 2017
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
I lodge this present complaint where the victim a Scheduled Caste youth from district-Murshidabad, West Bengal was subjected to severe physical torture and even administered electric shock on his body parts by the perpetrator Border Security Force personnel on 24th April 2017 at about 9 am in the morning. He lodged a complaint before the Raningar police station of Murshidabad district and the complaint has been registered vide Raninagar PS Case No. 243/17 dated 25.04.2017 under sections 379/324/506/34 of Indian Penal Code, but no appropriate action has been taken till date. He was illegally being captivated by the BSF personnel and no medical attention has been provided though 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.
- The perpetrator BSF personnel should be booked under the law and be punished in accordance with law.(The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 2015 (1 of 2016).
- Proper investigation must be commenced forthwith on the complaint made by the victim and registered by the Raninagar Police Station.
- The victim and his family should be provided with adequate compensation and protection.
National Convener, PACTI
Name and details of the victim: Mr. Rabi Mondal; son of Mr. Biswanath Mondal; aged about 20 years and resident of village- Borderpara under Raninagar Police Station of Murshidabad district of West Bengal, belongs to Schedule Caste community
Name and details of the perpetrators: Border Security Force personnel of Harudanga Border Outpost under 83 Number Border Security Force Battalion under Raninagar Police Station Jurisdiction
Name of the secondary victims: Mr. Biswanath Mondal; aged 56 years (father), Ms. Patani Mondal; aged 50 years (mother), Ms. Madhabi Mondal; aged 20 years (wife), Ms. Ruma Mondal; aged 4 years (daughter) and Master Rahul Mondal; aged 6 years (son)
Place of the incident: At the adjacent Mahadebpur Ghat; the agrarian land of the victim under Raninagar Police Station
Date and time of the incident: On 24th April 2017 at around 9 A.M.
Mr. Rabi Mondal belongs to Schedule Caste community and living under penury with his extended family of parents, spouse and children. The family lives in mud house and the father of the victim possess a small piece of land. Though the family has ration cards under Food Security Scheme but not enlisted in BPL category.
On 24th April 2017 at 9 AM, the victim went to above mentioned land of his father to cut and gather fodder for their livestock. The land is demarcated under Dag No. 70, Khatian No. 23 under Char Bansgora Mouza. The victim took two buffalos and a cart to the agrarian field to collect and bring the fodder to their home. All of a sudden, he found two BSF jawans were chasing two persons with two buffalos from the side of 7 No, BSF Outpost and almost reached the Mahadebpur Ghat which is situated just adjacent to their agrarian land and almost 3 kilometers inside the Indian border. The BSF jawans failed to catch the two persons with buffalos till they reached the Mahadebpur Ghat and found two buffalos and cart of Mr. Rabi Mondal at that place. The BSF jawans then untied the buffalos of the victim from the cart and about to leave the spot. At that moment Mr. Rabi Mondal asked the BSF jawans about the reason of confiscating the buffalos owned by him. The question made the BSF jawans furious and they started indiscriminate thrashing of the victim. The BSF jawans caught hold of the collar of the victim and started slapping and kicking on his whole body. He was beaten by the batons of the BSF jawans and throughout the inhuman physical torture, he was verbally abused with filthiest language. The victim was then brought to 7 No, Outpost of BSF Battalion- 83 and detained and physically tortured till 10 AM. Then he was brought to Harudanga Camp of 83 BSF Battalion where he was beaten again and administered electric shocks on his left leg and left hand. He was then asked to leave the camp and somehow he returned to his home.
He received medical attention from Dr. Ramakanta Mondal on 27th April 2017. The victim made a written complaint to the Raninagar Police Station on 25.04.2017 and the complaint was registered as Raninagar PS Case No. 243/17 dated 25.04.2017 under sections 379/324/506/34 of Indian Penal Code. Mr. Halim Biswas; Assistant Sub Inspector of Raninagar Police Station appointed as Investigating Officer. On 13th May 2017, we called the Circle Inspector of Domkal and enquired about the progress of the case but he failed to provide any information.