National Human Rights Commission
New Delhi – 1
We lodge this present complaint in the matter of custodial violence, illegal detention and physical torture committed upon the victim Mr. Majim Sardar, a tribal man from district-Murshidabad, West Bengal by the perpetrator BSF jawans. Our attached fact finding report gives details of the incident.
The incident reveals that the victim not only tortured inhumanly in custody of the perpetrator BSF personnel and illegally detained but also denied of timely medical treatment. The victim stated that there was no apparent reason disclosed by the perpetrator BSF personnel for assaulting him so brutally. Moreover the perpetrator BSF jawans in order to screen their offence lodged complaint against the victim at Raninagar Police Station and the police initiated one criminal case against the victim on the said complaint which according to the victim is false and fabricated. On the other hand the victim lodged written complaint against the perpetrator BSF jawans before the Superintendent of Police, Murshidabad for taking legal action against the perpetrators, but till date there is no action.
Majim’s elder daughter, Ms. Dipa aged about 14 years died due hunger and resulted ailments on 7th July 2012. Majim’s name was not approved in the BPL list. He was never provided any job in MRNEGA. This case is a microscopic picture of the victims of torture living in Bangladesh border area and the role of government officials, paid by public exchequers.
We demand stern penal action against the perpetrator BSF jawans by treating the complaint of the victim before the Superintendent of Police, Murshidabad as an FIR at Raninagar Police Station. The issues raised here (torture by BSF and denial of livelihood) must immediately be probed into by one independent investigating agency appointed by the Commission. Considering the fact the perpetrators are BSF personnel and local self government having patronage with political parties, so the victim and the witnesses in this case must be provided with adequate protection so that they do not come under any threats, inducement and harassment. We also demand adequate compensation for the victim family.
We immediately seek your urgent intervention in this matter so that the perpetrators can be booked under the law immediately.
National Convener, PACTI
Particulars of the victim: - Mr. Majim Sardar, son of late Rajen Sardar, aged about-46 years, Scheduled Tribe (Oraon) by occupation-agriculture, residing at village-Char Sahebnagar, Post Office-Borderpara, Police Station-Raninagar, District-Murshidabad, West Bengal, India.
Particulars of the perpetrators: - The on-duty (on 23.6.2012 in the evening) 7/8 Border Security Force (BSF) jawans of BSF Out-Post no.1 under Kaharpara BSF Camp, Battalion no.92 under Police Station-Raninagar, District-Murshidabad.
Place of incident: - On the road near Kaharpara Iron Bridge and BSF Out-Post no.1 under Kaharpara BSF Camp under Police Station-Raninagar, District-Murshidabad
Date & time of incident: - On 23.6.2012 in the evening and subsequent thereafter.
Fact Finding Details:-
It is revealed during the fact finding that on 23.6.2012 in the evening the victim was returning from Seikhpara after buying some items for home. On the way when he crossed Kaharpara Iron Bridge and going towards Harudnaga, suddenly 7/8 Border Security Force (BSF) jawans of Kaharpara BSF Out-Post no.1 captured him and without disclosing any reason stated assaulting him brutally by wooden sticks and rifle butts. The said BSF jawans did not disclose any reason for detaining and assaulting the victim. The perpetrator BSF jawans thrashed him on the ground and assaulted him by countless kicking on his chest and back side. As a result of the assault the victim almost lost his sense and the BSF jawans sensing the condition of the victim brought him to Raninagar Police Station with intention to give custody of the victim to police. But the on-duty police personnel of Raninagar Police Station refused to take his custody and asked the said BSF jawans to provide medical treatment to him. But instead of providing any medical treatment to the victim, the perpetrator BSF jawans brought him to Kaharpara BSF Camp and detained him in the said BSF camp in ailing condition.
On 26.6.2012 the victim was again sent to Raninagar Police Station from the detention in Kaharpara BSF Camp and one complaint was lodged by BSF against him in the said police station. The police on the basis of the said complaint lodged by BSF against the victim registered one criminal case vide Raninagar Police Station Case no. 350/2012 dated 25.6.2012 under section 188 of Indian Penal Code (Disobedience to an order lawfully promulgated by a public servant). On the same day i.e. on 26.6.2012 the police of Raninagar Police Station took the victim to Godhanpara Primary Health Centre and after routine medical check up the victim was produced at Labagh Court in connection with the aforesaid criminal case and later he was released on bail by the concerned judicial magistrate. The victim is still undergoing medical treatment to recover from the injuries sustained by him during the assault by the perpetrator BSF jawans. On 4.7.2012 the victim lodged written complaint before the Superintendent of Police, Murshidabad against the perpetrator BSF jawans for initiating legal action against them, but the victim did not get any relief till dated as still there is no response from the Superintendent of Police, Murshidabad.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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