Victim is under serious and continuous threat from BSF, case is pending before NHRC. BSF warned to withdraw the complaint.. Police and BSF nexus

To                                                                                        

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan

Block-C, GPO Complex, INA

New Delhi – 110023

Sir,

 I want to draw your kind attention on an incident where victim of torture is getting continuous threats and intimidation to withdraw his complaint which was lodged before the NHRC.  The complaint was made on 26thJanuary 2016 and registered vides NHRC Case Number – 258/25/13/2017-PF. The details of the victim was; Mr. Rahidul Sarkar, son of Mr. Mamtaj Sarkar, aged about-25 years, by faith-Muslim, , residing at village-Nolbona Lalkup, Block-Jalangi, Post Office-Bamnabad, Police Station-Raninagar, District-Murshidabad, West Bengal, India.

 The gist of the complaint was as follows; on 17.12.2016 at about 10 am, Mr. Rahidul Sarkar, deposited his voter identity card and bicycle at BSF Out-Post no.4 and after recording his name in the register maintained at the BSF Out-Post he was going to his farming land. At that time two BSF personnel were on-duty at the said BSF Out-Post. Suddenly one of the BSF personnel called the victim back to the Out-Post and he started to abuse the victim in filthy languages. The said BSF personnel blamed on him that he would go to Bangladesh. The BSF personnel giving such false blame upon the victim started to assault him by wooden sticks. The victim repeatedly requested them to return his voter identity card and bicycle if he was not allowed to go to his farming land. But the BSF personnel did not pay any heed and they continued to assault the victim by wooden sticks. The victim told them not to hurt him on his left leg as he sustained fracture on the said leg two years ago in a road accident and he did not fully recovered. But the BSF personnel did not care and they intentionally and deliberately hurt on his left leg by wooden sticks repeatedly. The BSF personnel also tried to throttle his breath by holding his neck and forcibly squeezed his ears.    Some co-villagers of the victim rescued him and brought him to Godhanpara Block Primary Health Centre for medical treatment. On the next day he received medical treatment from Sagarpara Primary Health Centre. He was also medically treated at Murshidabad Medical College and Hospital. The medical history reports of the victim showed that he sustained swelling, pain and fracture injuries. The victim sent a written complaint to the the Superintendent of Police, Murshidabad on 22.12.2016 through registered post stating the incident of physical torture committed upon him by the perpetrator BSF personnel.

 UPDATE

In recent development the BSF personnel regularly visiting the victim and his family and pressurizing him to withdraw his complaint before the Commission. In subsequent occasions on 11, 12 and 21 April 2017. at around5-6 PM in previous two occasions and around 12-1 AM on last, the personnel made visits to victim’s house and intimidated him and his family. The BSF personnel also threatened him by saying that he will be prevented to visit his lands for farming and also would be arrested him in some false charges if not complied their dictum. In this circumstance the victim is living under threat and danger.

 On 18.04.2017 victim lodged one written complaint to the Superintendent of Police of Murshidabad narrating the whole incident but no action has been taken till.

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

·         The victim must be given full protection and district police and administration must be directed to provide full security and safety to the victim

·         Restrict the BSF personnel from any move to check the legal and legitimate movement of the victim

·         NHRC team should visit district Murshidabad and record the testimonies of numerous victims of torture and family members of extra judicially killed persons along with the witnesses and come out with a long term solution and remedy

Thanking you,

Yours sincerely,

 Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

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