4 March 2015
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023
Respected Sir,
I lodge this present complaint where the victim being a poor person sustained gunshot injury at night on 28.01.2015 due to firing by one perpetrator Border Security Force (BSF) jawan. Before the firing took place the said BSF jawan allegedly entered into his house in drunken condition and abused the family members of the victim specially his wife and aged mother using abusive words and gestures thereby insulting the modesty of his wife and aged mother. The victim was under medical treatment for several days. The wife of victim submitted written complaint to the Superintendent of Police, Krishnanagar, Nadia mentioning the whole incident but till date the police have not taken any appropriate step against the perpetrator BSF jawan. Our attached fact finding report gives details of the incident.
The perpetrator Border Security Force (BSF) personnel violated the following by their alleged illegal acts:-
- The perpetrator police personnel violated Articles 2, 5, 6, 7 and 8 of the UN Code of Conduct for law Enforcement Officials.
- The perpetrator BSF personnel violated Article 21 of the Constitution of India.
- The perpetrator BSF personnel are accused of violating ‘Human Rights’ of the victim as defined under section 2(d) of the Protection of Human Rights Act, 1993
Hence I seek your urgent intervention in this present case with following demands:-
- The whole matter must be inquired into by one independent enquiring authority and during investigation the accused persons must be suspended from their duty.
- The perpetrator BSF personnel must be booked under the law for their alleged illegal acts which amount to punishable offences and they must be punished for the same in accordance with the law.
- The victim and family members must be provided with adequate protection and compensation.
- The witness of the incident must also be protected with adequate measures.
- The victim must be free access to his residence, appropriate measure must be taken so that he can live peacefully in his residence and his voter identity card must be returned to him.
Thanking You,
Yours truly,
Kirity Roy
Secretary, MASUM
&
National Convener of PACTI
Particulars of the victims:- Mr. Nabab Mondal, Son of Mr. Niyamat Mondal, aged about 37 years, by faith- Muslim, by occupation-cultivation, residence at Village- Dakshin Haatkhola (Kibaspara), Post Office- Mahakhola, Police Station- Chapra, District- Nadia, West Bengal, India.
Particulars of the perpetrator: – One BSF Constable (known as Thakur in the locality), posted at Mohakhola BSF BOP Camp, Company-D, Battalion-119, BSF under Police Station- Chapra, District-Nadia
Place of incident: – In front of Gate no.10 of BSF of Village- Dakshin Haatkhola (Kibaspara), Post Office- Mahakhola, Police Station- Chapra, District- Nadia.
Name of the witnesses: – (1) Mr. Saiful Mondal, son of Mr. Niyamat Mondal, aged about 20 years and (2) Ms. Arifa Mondal, wife of Mr. Nabab Mondal, aged about 32 years, both are residing at Village- Dakshin Haatkhola (Kibaspara), Post Office- Mahakhola, Police Station- Chapra, District- Nadia.
Date & time of the incident: – On 28.01.2015 at about 6 pm at evening and subsequent thereafter.
Secondary victims: – 1) Ms. Arifa Mondal – 32 yrs wife; 2) Mirkashem – 16 yrs son; 3) Abul Kashem – 12 yrs son; 4) Momen – 8 son; 5) Niyamat Mondal – 65 yrs father (blind) & 6) Ms. Supiya Bibi – 60 yrs.
Fact Finding Details:-
It is revealed during the fact finding that the victim resides with his family members at village-Haatkhola. The situation remains that the border fencing has been done throughout the area under the jurisdiction of Chapra Police Station which is about 500 meters inside the Indian Territory from the actual border line of Indo-Bangladesh Border. The village-Haatkhola is located between the actual Indo-Bangladesh border line and the border fencing.
The victim’s family consisted of his wife, three sons and his aged parents. His father is a blind person and senior citizen. All the family members reside in a room which is made by jute sticks. The earning source of the family is cultivation. The economic condition of the family is poverty stricken.
On 28.01.15 at about 6 pm, the victim Mr. Nabab Mondal came to his house after finishing his daily work and at that time one BSF constable known as ‘Thakur’ (BRAHMIN – upper caste Hindu) in the locality suddenly entered into his house in drunken condition and abused the family members of the victim specially his wife and aged mother using abusive words and gestures thereby insulting the modesty of his wife and aged mother. The victim strongly protested to save the dignity of his wife and the aged mother. Then he left the place while issuing threats of dire consequences to the victim. The victim, his wife and brother started to walk towards the Gate no.10 for lodging complaint against the said BSF jawan before the BSF personnel posted at the said gate. They were walking behind the said BSF jawan. After a while the said BSF jawan crossed the fencing and suddenly he started firing from his service rifle aiming at the victim. As a result of firing, the victim sustained gunshot injuries on elbow of his left hand. The victim was not allowed to cross the fence for going to the nearest health centre by the BSF personnel posted at the Gate no.10. Thereafter the family and relatives of the victim secretly took him to Chapra Govrnment Primary Health Centre and from there he was taken to the District Hospital, Nadia and he was admitted in the said hospital. On 29.1.2015, it was advised from the said hospital to transfer the victim to N.R.S. Medical College and Hospital, Kolkata to remove the pellets from his body. But the family members of the victim were afraid to take him to Kolkata and he was then admitted at one nursing home namely “Anjali Aragya Niketan Nursing Home” where he had a surgical operation on the elbow of his left hand and about 40 pellets were removed from injured area on his left hand.
After the medical treatment, the victim tried to return to his house, but he was restrained at Gate no.10 and two women BSF constables snatched his voter identity card and tried to detain him. But he somehow managed to flee from there and till date he is unable to enter into his village. The family members of the victim have been passing their days in complete destitution due to such pathetic situation. The victim’s wife is a housewife and his three sons namely Master Mir Kasem(aged about-16 years), Master Abul Kasem(aged about 12 years) and Master Mamen(aged about-8 years) are school students.
On 02.02.2015, the victim’s wife lodged a written complaint before the Superintendent of Police, Nadia mentioning the whole incident and reprehensible acts of the perpetrator BSF jawan but no action has been taken till date on the complaint.
Mr. Nabab Mondal at his house court yard
Wife Ms. Arifa Mondal showing Nabab’s T-Shirt
Injury observed, operation done & prescription
Complaint received by S.P.
—
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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