inhuman torture by BSF

17 February 2009

To
The Principal Secretary (Home)
West Bengal Government
Writers' Buildings
Kolkata – 1

Sir,

We have received information that the victim Mr. Mojahar Seikh from the district Murshidabad, West Bengal was subjected to murderous torture by the accused BSF personnel. The victim received numerous injuries on all over his body including he was from his penis at the time of the incident due to the barbaric assault delivered by the perpetrators. The local police station washed their hand by only registering one criminal case against the perpetrators under bailable and lighter penal sections which do not equally fit with manner in which the victim sustained sever injuries subjecting him to murderous assault. The police further played an ineptitude role by not taking any step and/or apprehending the perpetrators till date. The life and liberty of the victim is under continuous threat and peril due to the impunity enjoyed by the perpetrators. Our attached fact finding report gives details of the case.

It is clear that common and poor people at the Bordering areas receive no respect from in the hands of the perpetrators and they are treated worse than animals. The present incident is not a stray one, these are regular incidents there.

Hence we seek your urgent intervention in this matter in the following manner:-

Guarantee, in all circumstances, the physical and psychological integrity of the victim.
Order an impartial and exhaustive inquiry into the matter and apply penal and administrative sanctions as provided by law.
The criminal case being Jalangi Police Station Case no. 7/2009 dated 8.1.2009 registered against the accused BSF must be thoroughly investigated and appropriate penal sections including attempt to murder charges must be added in the present case and the perpetrators must be neutralized from making any undue interference in the matter investigation.
Ensure that adequate compensation be provided to the victim.

Thanking You
Yours truly,



Kirity Roy
Secretary of MASUM

Name of the victim: - Mr. Mojahar Seikh, son of Sahad Ali Seikh, aged about-28 years, by faith-Muslim, residing at Char Parashpur, Sushil Colony, Post Office-D. Parashpur, Police Station-Jalangi, District-Murshidabad.

Name of the Perpetrators:- (1) The Border Security Force jawans at Out- Post no.1, Farajipara Border Security Force Camp, 90 Battalion, B-Company of Border Security Force, Police Station-Jalangi, District-Murshidabad, West Bengal, India; (2) Mr. Tuhin Biswas, Sub-Inspector of Police, Jalangi Police Station, District Murshidabad, West Bengal, India.

Place of Incident:- At Out- Post no.1, Farajipara Border Security Force Camp, 90 Battalion, B-Company of Border Security Force, Police Station-Jalangi, District-Murshidabad, West Bengal, India.

Date of Incident: - On 28.12.2008.

Case Details: - It is revealed during the fact finding that the victim is a poor person who lost al his landed property due to land erosion into river 'Padma'. The victim now lives with his family members at Sushil Colony, Char Parashpur which is located about 3 kilometers from the Indo-Bangladesh Border. The house of the victim is located at one end of the river Padma and on the other end of the river, at Taltali village, the shop of the ration dealer namely Mr. Mustaka Seikh is located. The victim as well as other people of the same village had to cross the river to get the ration goods from the said ration dealer.

On the date of the incident i.e. on 28.12.2008, the victim bought 8 Kg. of rice from the shop of the ration dealer- Mr. Mustaka Seikh. Then the victim tried to carry out the said rice after depositing the ration slip before the Border Security Force officers of Farajipara BSF Camp at Out- Post no.1, 90 Battalion, B-Company of Border Security Force. But the BSF personnel did not allow the victim to carry out the rice and seized the rice from him. The perpetrators-BSF personnel also had torn the ration slip of the victim. The victim was arbitrarily detained at the said out-post from 10.30 am to 5 pm without showing any reason whatsoever.

Then at about 5 pm the other BSF personnel took charge of the said out-post but this time also the on duty BSF personnel did not release the victim. Then the victim wanted to know from the on-duty BSF personnel the reason for his arbitrary detention. Then two BSF jawans out of total five BSF jawans present at that time in the said Out-Post brutally hit the victim with their wooden sticks. The force of the blow was so sever that the victim instantly fell down on the ground. Then the other BSF jawans joined in and started beating the victim black ad blue with their boots. The victim received black spots on all over his body and he was also bleeding from his penis. Then the perpetrators ordered the victim to run from the spot otherwise to kill him on the spot. The victim tried to run from the spot but could not do so and fell down on the ground. Then the victim was rescued and taken away from the spot by some persons who belonged to the same village of the victim namely Mr. Layeb Mondal, Mr. Mijanur Sk. and Mr. Jahangir Sk. The victim was taken at the house of Mr. Layeb Mondal. Then the victim was medically examined by one doctor namely Mr. Ashidul Sk, son of Murabul Sk. residing at village-Bukahara, Police Station-Jalangi, who also took the victim to Jalangi Police Station to lodge complaint against the perpetrators-BSF personnel. The police officers of Jalangi Police Station immediately referred the victim at about 8pm on the same day to Sadikhan Diar B.P.H.C. Hospital, Sadikhan Diar, Murshidabad for treatment. The victim was admitted in the said hospital and he was discharged from the said hospital on 1.1.2009.

On 8.1.2009 at about 10.00 am, the victim went to Jalangi Police Station to lodge complaint agains the accused BSF personnel. But the on-duty police officer of the said police station namely Mr. Tuhin Biswas refused to take the written complaint of the victim. Then the victim lodged written complaint before the District Magistrate, Murshidabad and the Superintendent of Police, Murshidabad on 9.1.2009. It was also came to light that one criminal case has been started against the accused BSF personnel vide Jalangi Police Station Case no. 7/2009 dated 8.1.2009 under sections 325/341/342/34 of Indian Penal Code. The police washed their hand by only registering one criminal case but they failed to apprehend the offender-BSF personnel till date.


--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : kirityroy@gmail.com
Web: www.masum.org.in




Visit web site