3rd December 2011
Mr. Satyabrata Pal, IFS
The Hon'ble Member
New Delhi – 1
I want to draw your urgent attention towards one of my communiqué to you, Chief Minister, Chief Secretary of West Bengal, Principal Secretary (Home) West Bengal, ADG & IGP (law & Order) West Bengal, SP & DM of North 24 Parganas dated 3 November.11 through email, where I complained regarding physical torture and harassment meted upon six Muslim agrarian labourer, all of them bellow poverty level of village Gobra under Swarupnagar police station under 24 Parganas (north) district, by two on duty Border Security Force personnel of BSF on 22.08.2011. The perpetrator personnel were attached with Gobindapur BOP of 152 Battalion's 'E' Company. I made specific demands for immediate investigation by neutral agency, appropriate direction to concerned police station for registering the complaint and adequate compensations for the victims.
On 15.10.2011, victims Mr. Abdur Rahman, Mr. Ramjan Sardar, Mr. Baburali Mondal, Mr. Rasul Sardar and Mr. Motiar Gain submitted written complaint to Additional Superintendent of Police; 24 Parganas (North) and Mr. Mahiuddin Gain submitted similar complaint before Superintendent of Police; 24 Parganas (North).
But sorry to say, the line departments, especially the police personnel of local police station in connivance with posted BSF intimidated the victims and asked them to withdraw the complaint made before the police higher ups, outrageously during the act BSF higher ups with local police personnel were present and they suggested the victims to put their signature or thumb impression in a blank sheet. I am providing a gist of the incident for your easy reference.
On 12.November 11 between 12.00- 12.30 noon, two Hindi speaking BSF personnel came to victim Motiar Gain's home and threaten him with dire consequences. Subsequently, on the same day at about 4.30 pm, three police personnel of Swarupnagar PS; one Biswajit Babu in civil dress, one officer with two stars and in uniform as identified as Bhoumik Babu and another unknown, came to one Mr. Safed Biswas's home in Gobra village. The said Bhoumik Babu called Mahiuddin Gain, Baburali Mondal, Rasul Sardar and Abdur Rahman and asked them to withdraw the complaint made by them or put their signature on a blank. But all of them refused to do so. On 13.11.2011 at about 12.45 pm, one Dilip Haldar, member of Gram Panchayet called Mahiuddin Gain, Baburali Mondal and Abdur Rahman to Gobindapur BSF camp. According to the victims the DIG and Company Commander with three others were present at BSF camp on the said time; they asked the victims to write consent for withdrawing the complaint and put their signature in blank paper, but victims refused to do so. When the victims were returning from the camp, two BSF jawan verbally abused them in Hindi and said 'the road is not your father's property' (eh tera bap ka rasta hai kya?).
The above mentioned narrative confirm the fact that the victims are now living a horrendous life and are under constant threat by law enforcing agencies. The police has not started any proceeding against the errant BSF personnel and in other way provided full scope for enjoying unchallenged impunity again proved the unholy nexus between the two agencies in bordering districts. The people of India who dare to lodge complaint against any wrong done by people in uniform have no security. The whole connivance between the agencies are not only against the law but depriving poor and marginalized to their basic citizenry rights as guaranteed by the Constitution.
In this context I demand for:-
- Immediate initiation of criminal process against the BSF and the said police personnel under specific penal provisions of causing bodily harm, psychological disorientation, use force to obtain consent and threat.
- Impartial and independent investigation must be started immediately without involving the police of local police station.
- Physical and psychological integrity of the victims must be protected and ensured.
- The complaint made by the victims to Superintendent and Additional Superintendent of Police; 24 Parganas (North) on 15.10.11 should be treated as First Information Report
- Adequate protection and compensation must be provided to the victims for their loss.
Banglar Manabadhikar Suraksha Mancha (MASUM)
Programme Against Custodial Torture (PACTI)
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : email@example.com
Truth resides in every human heart, and one has to search for it there, and to be guided by truth as one sees it. But no one has a right to coerce others to act according to his own view of truth. - Mohandas Gandhi
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