From: Kirity Roy <kirityroy@gmail.com>
Date: Sun, Jan 15, 2012 at 11:30 AM
Subject: murderous assault and criminal intimidation to a member of religious minority by the perpetrator BSF jawans
To: NHRC <covdnhrc@nic.in>
Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, Chief Minister West Bengal <cm@wb.gov.in>, dm-bar@wb.nic.in
15 January 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
We bring this present complaint in the matter of the victim Mr. Tabibar Molla from District-North 24 Parganas, West Bengal who on 13.12.2011 at about 1 pm was subjected to murderous assault and criminal intimidation by the perpetrator BSF jawans in broad day light on open place in front of several eye-witnesses. During the incident four BSF jawans armed with wooden sticks and rifles jointly assaulted the victim who was alone and helpless at that time being unable to defend himself in anyway. According to the victim and eye-witnesses, he was subjected to merciless assault and torture for no reason at all; understandingly no law in this country permit man in uniform to assault a civilian for any reason or no reason. Our attached fact finding report gives details of the incident. The Sub-Divisional Police Officer, Basirhat, District- North 24 Parganas till date sat doing nothing on the victim's written complaint against the perpetrator BSF jawans.
Hence we seek your urgent intervention in this matter in the following manner:-
- The perpetrators must be identified, booked under the law and maximum punishment has to be secured for them.
- The whole matter must be investigated by a neutral investigating agency appointed by the Commission. In this regard we strongly object to investigation, if, bestowed by the Commission upon Border Security Force and police in the matter of the victim.
- The written complaint lodged by the victim before the Sub-Divisional Police Officer, Basirhat, District- North 24 Parganas must directed to be treated as First Information Report under section 154 of Criminal Procedure Code at Swarupnagar Police Station against the perpetrator BSF jawans and the said BSF must be taken into custody immediately.
- The victim and the eye-witnesses must be protected and adequate compensation must be provided to the victim.
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victim: - Mr. Tabibar Molla, son of late Sahajaddin Molla, aged about-38 years, by faith-Muslim, by occupation- day labourer, having residence at village-Tarali, Police Station-Swarupnagar, District- North 24 Parganas.
Particulars of the perpetrators:- The on duty four(4) BSF jawans posted on 13.12.2011 at about 1 pm at Border Security Force (BSF) Out-Post no.3 under Tarali BSF BOP situated near Tarali FP school road crossing under Police Station- Swarupnagar, District- North 24 Parganas.
Place of the incident: - In front of Border Security Force (BSF) Out-Post no.3 under Tarali BSF BOP situated near Tarali FP school road crossing under Police Station- Swarupnagar, District- North 24 Parganas
Date & time of the incident: - On 13.12.2011 at about 1 pm
Case Details:-
It is revealed during the fact finding that on 13.12.2011 at about 1 pm the victim was walking towards farming land taking BSF road. At that time four BSF jawans were on-duty at BSF Out-Post no.3 under Tarali BSF BOP situated near Tarali FP school road crossing. The said BSF jawans restrained the victim from moving further and accused his of throwing stones on the last night. The victim protested against such accusation which according to him was false. Then the said BSF jawans detained him and started assaulting him severely by their wooden button and rifle butts. As a result of the assault the victim was hurt particularly on his head, ear, legs and backside leaving various reddish blood marks of beating by wooden sticks and rifle butts. The victim to save his life was shouting for help while the perpetrators were beating him mercilessly. The nearby persons hearing the screams of the victim rushed to the spot and with their efforts the victim was rescued from the clutches of the perpetrators. During the assault the perpetrator BSF jawans also abused the victim in filthy languages in their own vernacular (Hindi) even calling the names of his parents. The victim was later taken to a medical practitioner for treatment on the same day.
The victim lodged written complaint against the perpetrator BSF jawans before the Sub-Divisional Police Officer, Basirhat, District- North 24 Parganas on 16.12.2011. The said Sub-Divisional Police Officer, Basirhat, District- North 24 Parganas reportedly did not take any legal action till dater since receipt of the victim's complaint.
The victim started that several local persons namely Mr. Bapi Mondal, Mr. Ainuddin Sardar, Hamida Bib were eyewitnesses of the incident and they also rescued him. The victim in his written complaint before the Sub-Divisional Police Officer, Basirhat, District- North 24 Parganas described the particulars of the perpetrator BSF jawans by their getup so that they could be identified and booked accordingly. In the said written complaint he also stated that one of the perpetrator BSF jawan had a name plate on his body bearing the name as "Prem Singh".
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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