Recently Banglar Manabadhikar Suraksha Mancha (MASUM) organised a fact finding mission in North 24 Parganas, West Bengal, India. Based on the fact finding mission experience, MASUM made the following complaint to the National Human Rights Commission of India. Copies of this complaint also sent to other government bodies.
Is BSF posted at Indian border to collect money from smugglers?
11 June 2014
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA,
New Delhi – 110023
I want to bring into your notice on an incident of physical torture upon a poor villager who belongs to religious minority community. He was physically assaulted by one BSF (Border Security Force) man from Battalion-152, Company-B of Gobindopur BOP BSF Camp, Police Station-Swarupnagar, District-North 24 Parganas. While the victim visited the local police station to lodge a complaint after receiving medical attention, the on duty police personnel refused to register any complaint against the BSF. Our attached fact finding will give you detail information about the said incident.
I am appending the details of the incident for your easy reference and demand for:-
- Incident must be investigated by the commission’s own independent wings.
- The accused BSF personal must be charged with appropriate penal charges for his offence.
- The role of On Duty Officer and Officer in Charge and Duty officer the of Swarupnagar police station must be ascertained and charges must be leveled for non compliance of legal procedure and also violation of the directions of the Apex Court given in the judgment AIR2014SC187 wherein the Apex Court made it mandatory to register FIR upon receipt of information of cognizable offence.
- The victim’s complaint to the Superintendent of Police, North 24 Parganas must be treated as an FIR against the accused BSF personal and investigation must be initiated against him.
- The victim must be provided with adequate security and protection.
- The victim must be compensated.
National Convener- PACTI
Particulars of the victim:- Mr. Chhamad Mondal, son of Mr. Jamal Mondal, aged about 33 years, by faith – Muslim, residing at village – Gobra, Post Office – Taruni, Police Station – Swarupnagar, District – North 24 Parganas.
Particulars of the perpetrators:- Mr. S. N. Singh from BSF of Gobindapur BSF BOP, Battalion-152, Company-B, Police Station-Swarupnagar. District-North 24 Parganas.
Date of the incident:- On 13-05-2014 at 2:30 am.
Place of incident:- In front of the 16 No. gate of Gobindopur BOP BSF Camp, Police Station-Swarupnagar, District-North 24 Parganas
It is revealed during our fact finding that Mr. Chhamad Mondal is a poor land laborer residing in village-Gobra which is located near Indo-Bangladesh border. He has his wife, two minor daughters and one handicapped brother in his family. He is the sole earning person in his family.
The area where he resides is reputed for illegal cross border smuggling activities. The smugglers have free movement in the area due to nexus with a section of corrupt police, BSF officials and local panchayat members. It is alleged that the corrupt BSF personnel get Rs.5000/- for each cattle smuggling. The poor and marginalized land labourers involve themselves in cattle smuggling in exchange of Rs.200/- per night. It is alleged that every night thousands of cattle are being smuggled to Bangladesh from Gate no.16 situated under Gobra and Gobindapur village.
On 13.05.2014 at about 2.30am the victim went with the smugglers with one cow and its calf. It is a local rule among the smugglers that no money would be given to BSF for the smuggling of calf. For such reason the victim was caught by Mr. S. N. Singh from BSF of Gobindapur BSF BOP, Battalion-152, Company-B as the victim was carrying a calf and a cow with him. BSF person on duty only received money for the cow. Hence the victim was brutally assaulted by the said BSF man by his wooden stick and as a result received several injuries on his person.
The victim was medically treated at Sarapul Rural Government Hospital. On 17.05.2014 he went to Swarupnagar Police station to lodge a written complaint but the on-duty police officer refused to take the complaint saying that no complaint can be registered against BSF. Later the Officer-in-Charge of the said police station stated the complaint could have been taken if the victim was admitted in hospital. In such situation finding no alternative way on 20.05.2014 the victim lodged a written complaint before the Superintendent of Police, North 24 Parganas informing him the whole situation. But till date his complaint was not acknowledged.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
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