Is NHRC India want to be mouthpiece of police and BSF and passing final order arbitrarily without hearing the other side? Though cases of similar nature are lying with NHRC.

25 August 2015
 
To
The Acting Chairman
National Human Rights Commission of India
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
 
Ref.:- NHRC Case No.:- 1460/25/15/2013/OC
The Commission’s Letter dated 28.5.2015
My complaint dated 3.12.2013
Sub.:- Appeal to re-open the case
 
Respected Sir,
 
I received your letter dated 28.5.2015 in connection with NHRC case no. 1460/25/15/2013/OC wherein it is informed that the case was closed. On many folds I am aggrieved with the decision of the Commission.  
 
First of all, the Commission did not give me any opportunity to place my comments on the reports submitted before the Commission by BSF and police authorities concerned. The Commission took its decision on the unchallenged reports of the BSF and police authorities. In the Commission’s letter dated 28.5.2015 the gist of the reports submitted by the police and BSF has been highlighted which reveals that the victims being Bangladeshi nationals were arrested inside Indian Territory without any valid documents for which prosecution was launched against them and upon completion of investigation charge sheet filed against them  and it is also opined in one of the reports that they entered into India illegally out of their own free will with some vested interest i.e. for meeting the relatives or for some employment.
 I can indisputably say that the charge sheet was filed against them only on the basis that they made entry into Indian Territory without valid documents and there was no independent inquiry either by police or Border Security Force to ascertain as to whether the women named in my complaint are the victims of trafficking except a formal police investigation into the offence of entry into Indian Territory without any valid document.  In the reports submitted before the Commission, the victims were merely seen as offenders not as victims who driven by the desire of fulfilling survival needs left their families and communities in search of work or opportunities to outsides that ended up in an abusive and exploitative situation. 
I strongly place before the Commission that there is nothing on record to show that any investigation was done by police or BSF immediately after arrest of the victims in view of the directions issued in the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012 in order to ascertain as to whether they were the victims of trafficking or not. It is nowhere evident that the Investigation Officers of the criminal cases in which the victims were implicated examined the victims regarding their socio-economical condition, the circumstances which led for them to come to India.      
I can surely assume that the statements of the victims were not recorded to ascertain as to whether they were the victims of trafficking because it might have thought that those victims being offenders has no right to be heard.  Not a single statement from those victims came to fore as to whether they came to India out of their free will or not before claiming in police report that they entered into India out of their own will.
It is also curious to note that the Commission in its letter dated 28.5.2015 mentioned that the SDPO, Basirhat submitted a detailed report dated 15.3.2014 which was highlighted in the letter and upon perusing the same I found that the self same report was also submitted by the SDPO, Basirhat before the Commission in connection with the NHRC Case no. 1459/25/15/2013 with regard to my complaint dated 9.12.2013. The Commission sent me the copy of the said report of the SDPO, Basirhat for my comments and I duly sent my comments through my letter dated 3.9.2014. The copy of the report of the SDPO, Basirhat dated 15.3.2014 and my letter dated 3.9.2014 is attached herewith for your kind perusal.
The proceeding in connection with the NHRC Case no.1459/25/15/2013 is still pending before the Commission and I herein below attached the case status available in the Commission’s website:-  
Case Details of File Number: 1459/25/15/2013
Diary Number
178439
Name of the Complainant
KIRITY ROY, SECRETARY (MASUM) & NATIONAL CONVENOR (MASUM)
Address
40 A, BARABAGAN LANE, 4TH FLOOR, BALAJI PLACE, SHIBTALA SRIRAMPUR,
 
HOOGHLY , WEST BENGAL
Name of the Victim
MUSKAN KINHAR W/O KAJAL KINHAR AND OTHERS
Address
VILLAGE. MALLICKPUR KAZIPARA, IMRAN DOCTOR GOLI,
 
CALCUTTA , WEST BENGAL
Place of Incident
SWARUP NAGAR
 
NORTH 24-PARGANA , WEST BENGAL
Date of Incident
11/17/2013
Direction issued by the Commission
These proceedings shall be read in continuation of the earlier proceedings of the Commission dated 02.01.2015, when a final reminder was issued to the Superintendent of Police, North 24 Parganas, Bashirhat, for sending his additional report in the light of the comments of the complainant. He was also directed to send report about the current status of the departmental action initiated against the Investigating Officers and outcome of investigation of the Cases Nos.846/13, 864/13 and 866/13 of PS Swarupnagar. In response, the Superintendent of Police, North 24 Parganas, Barasat, vide his letter dated 10.03.2015 reported that an enquiry was conducted by the Addl. SP (North), Barasat, who submitted a detailed report. The following facts are ascertained from the said report: (1)Swarupnagar PS case No.846/13 was reopened and further investigation is under process. (2)In Swarupnagar PS case No.864/13 dated 26.11.2013, the conviction had already pronounced by the Ld. Court on 27.03.2014 and all the accused persons have been pushed back on 24.07.2014. (3)Trial of PS Swarupnagar case No.866/13 dated 26.11.2013 is still pending before the Ld. ACJM, Bashirhat. All the accused persons are in Court bail. It is further mentioned that all the departmental proceedings are pending for findings of the enquiry officers, which is expected within a short period. A copy of the report dated 07.03.2015 submitted by the Addl.SP (North), Barasat is sent with the communication. The Commission has considered the report. The Superintendent of Police (North), 24 Parganas, Barasat, West Bengal, is asked to send a detailed report, within six weeks, regarding the outcome of departmental proceedings pending against the erring police personnel and the final outcome of further investigation of Case No.846/13 of PS Swarupnagar.
Action Taken
Additional Information Called for (Dated 5/5/2015 )
Status on 8/8/2015
Response from concerned authority is awaited.
 
Therefore, from the above it is absolutely clear that the SDPO, Basirhat did not make any separate and neutral enquiry in the present case. As the report of the SDPO, Basirhat dated 15.3.2014 submitted in NHRC Case no. 1459/25/15/2013 was challenged by me in my letter dated 3.9.2014 and the case is still pending before the Commission, so it is absolutely erroneous and prejudice that the Commission closed the present case giving reliance on the self same report of the SDPO, Basirhat dated 15.3.2014.    
Hence, I urge before the Commission to reopen the present case and direct an independent investigation into the matter by one neutral investigation agency in accordance to the office memorandum No. 14051/14/2011-F.VI of Ministry of Home Affairs (Foreigners Division) Government of India Dated 1st May, 2012 and role of the concerned police personnel, the BSF and the concerned Magistrates must be investigated as they violated the order of Ministry of Home Affairs (Foreigners Division) Government of India.

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s