From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, Apr 19, 2012 at 4:24 PM
Subject: idiosyncrasy of BSF - tortured victim (Indian) painted as Bangladeshi national
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: jrlawnhrc <jrlawnhrc@nic.in>, "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-bar@wb.nic.in
19th April 2012
To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001
Respected Sir,
The victim Mr. Jalil Sardar and Mr. Ramjan Tarafdar resident from District-North 24 Parganas, West Bengal and his family members came under the barbaric torture of the perpetrators police personnel of Baduria and Swarupnagar Police Station and the BSF jawans from Kaijuri BSF Camp. The perpetrators raided the house of the victim and mercilessly assaulted the victims and other family members. The perpetrators apprehended the victims but did not disclose any reason for his apprehension and later they were reportedly implicated into number of criminal cases to restrain their liberty into custody. Our attached fact finding report gives details of the incidents. The hundreds of local people lodged one written complaint in this matter against the perpetrators before the Sub-Divisional Police Officer, Basirhat, North 24 Parganas but till date there has been no action.
We lodge this present complaint against the perpetrators and also against the higher officials of the district who remained inactive on the complaint of the victim and seek your urgent intervention in this matter in the following manner:-
· The whole matter must be investigated by one neutral investigating agency appointed by the Commission preferably not by any one from the district police administration.
· The complaint made by the hundreds of local people over this present incident of torture upon the victims must be taken due cognizance and the perpetrators must be booked under the law immediately and should be punished strictly under the law.
· The victims must be relieved from all false and concocted criminal cases forthwith.
· The victims and their family members must be immediately brought under due protection and they should be provided with proper compensation
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener, PACTI
Particulars of the victim :- (1) Mr. Jalil Sardar, son of late Jasimuddin Sardar, aged about 50 years, by faith-Muslim, by occupation-mason; (2) Ramjan Tarafdar, son of Abdul Tarafdar, aged about-41 years, by faith-Muslim, both residing at village- Bhaduria, Police Station-Swarupnagar, District-North 24 Parganas.
Particulars of the perpetrators:- Mr. Ananda Mohan, being the Officer-in-Charge and several police personnel of Swarupnagar Police Station, the police personnel of Baduria Police Station and the BSF jawans of Kaijuri BSF Camp. The perpetrators police personnel and BSF jawans were 30 to 40 persons in numbers when they raided the house of the victim.
Place of incident: - in the house of the victim Mr. Jalil Sardar in village- Bhaduria, Police Station-Swarupnagar, District-North 24 Parganas.
Date & time of the incident: - On 14.2.2012 at about 11.30 pm
Fact Finding Details:-
It is revealed during the fact finding that on 14.2.2012 at about 11.30 pm the victim Jalil Sardar was sleeping in his house. At that time Mr. Ananda Mohan, being the Officer-in-Charge and several police personnel of Swarupnagar Police Station, the police personnel of Baduria Police Station and the BSF jawans of Kaijuri BSF Camp raided the house of the victim. The perpetrators police personnel and BSF jawans were 30 to 40 persons in numbers and they came four cars (four wheelers). They made forcible entry into the house of the victim. The victim was thrashed by neck, assaulted by fists and blows and abused in filthy languages by the perpetrators. Ms. Sufia Bibi, wife of Mr. Jalal Sardar(elder brother of the victim) tried to save the victim from the assault by the perpetrators, but she immediately received hurt on her hand as she was assaulted by wooden stick. The perpetrators forced the victim to get into one of the cars brought by them at the place of the incident. In the meantime the perpetrators caught hold Mr. Romjan Tarafdar, elder brother-in-law of the victim who came to the house of the victim for a visit. The perpetrators assaulted him brutally by beating him by wooden sticks, rifle butts. Mr. Ananda Mohan, being the Officer-in-Charge of Swarupnagar Police Station openly in threatening voice asked Ms. Sufia Bibi to bring her husband Mr. Jalal Sardar and son to Swarupnagar Police Station otherwise they would face serious consequences. The victim Mr. Jalil Sardar and his son and Mr. Romjan Tarafdar were taken to police station without disclosing any reason and without issuing any memo of arrest. Later the son of Jalil Seikh was released as reported by the victim's family.
On the next day (15.2.2012) Ms. Manoara Bibi (wife of Mr. Jalil Sardar) and Ms. Taravan Bibi(wife of Ramjan Tarafdar) went to Basirhat Court and they found that Mr. Jalil Sardar and Mr. Ramjan Tarafdar were produced in court. Reportedly Mr. Jalil Sardar and Mr. Ramjan Tarafdar were implicated in several criminal cases by police. The family members of the victim stated that the police falsely implicated the victims in those criminal cases.
Our fact finding team gathered information both were shown accused in 1) Swarupnagar police station case no. 36 dated 24.1.2012 under sections 341 / 188 / 353/ 325 / 413 / 414 of Indian Penal Code and Section 14 of Foreigners Act; 2) Swarupnagar police station case no. 44 dated 30.1.2012 under Section 341 / 186 / 188 / 353 / 325 / 307 / 413 / 414 of IPC. Though Mr. Jalil & Mr. Ramjan were / are Indian citizen with all documentary proofs, but the police of Swarupnagar PS under dictation of BSF arrested them in false and derogatory charges.
Our fact finding team talked with the local people and the family of the victims who stated that the victims are innocent. The police and BSF are arbitrarily picking up people on the issue of one alleged murder of one BSF jawan. The people are being terrorized by police and BSF. On 27.2.2012 one written complaint was submitted singed by 255 persons from the locality before the Sub-Divisional Police Officer(SDPO), Basirhat narrating the whole incident happened on 14.2.2012 in the house of the victim as stated above and all the signatories pleaded innocence of the victim in the written complaint. The said written complaint was duly signed and recommended by Upaprodhan (Deputy Head) of Kaijuri Gram Panchayat and member of Panchayet Samiti, Swarupnagar, but till date no action has been taken in this regard by the SDPO, Basirhat.
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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