#India- A series of threats upon Human Rights Defender

25 July 2013

To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi-110001

Respected Sir,

On 04.04.2013, we lodge a written complaint regarding sequel of intimidation by Border Security Force personnel and the police personnel of Swarupnagar Police Station upon the victim Mr. Yunus Molla after filing a complaint on physical torture and threats on his son named Mr. Karim Molla on 11.02.2012.

The First incident in the sequel of physical torture and intimidation took place on 11.02.2012.

The second incident was that the BSF personnel prevented the way of Yunus Molla to visit his shop and asked him to withdraw the case regarding the incident of 11.02.2012 and threatened him if by saying if he does not do that they would make his ‘life a hell’.

The third incident was that on 28.03.2012 while the BSF personal of Amudia camp of Border Security Force; Mr. V.P.Singh came at Yunus Molla’s cycle repairing shop at Swarupdah market and threatened him to withdraw the complaint regarding the incident of 11^th February, 2012 and told him that he would not be survived in this area if he would not withdraw the complaint against BSF personnel.

The forth incident took place on 10.10.2012, when an improper summon procedure was made by Mr. Harmeet Singh (the commandant of 152 BN. B.S.F) and Mr. Yunus Molla has been summoned to Amudia BOP on 11^th of October at 10 am under Swarupnagar Police Station to attend as a witness to record evidence before Mr. Harmeet Singh regarding an offence triable by a Security Force Court against the perpetrator BSF personal namely Mr. Brijesh Kumar.

The fifth incident took place on 23.02.2013, when the BSF personnel came to his house and threatened to arrest him if he did not withdraw the complaint regarding the incident of 11.02.2012.

On 09.06.2013 the assault committed by one Border Security Force personal; Mr. Kamlesh Yadav. The said BSF personal brutally hit on the head of Master Shamim Dafadar his rifle butt resulting severe deep cut and bleeding injury on his head; only reason that the boy refused to carry out his whimsical instruction. The boy had to be hospitalized under critical condition. A written complaint was lodged against the accused BSF person at local police station and the police registered one criminal case under bailable charge against him. But there has no inch progress in the matter of the investigation and the accused is still roaming freely. The victim already came under threats of dire consequences by Border Security Force to withdraw the complaint lodged against the accused BSF personal. Doctor and health personnel attached with Sarapul Rural Hospital are also involved to protect the perpetrators. They intentionally registered age of victim boy as “18” though guardians were repeatedly informed them Samim’s age was 17+. On 01.07.2013 we lodge a written complaint in the matter of brutal physical assault upon a minor boy namely Shamim Dafadar from District-North 24 Parganas, West Bengal.

Update Information

I want to draw your kind attention regarding the matter of continuous threats upon the Mr. Yunus Molla who is attached with MASUM for a long and giving his voluntary services against the BSF torture in Indo- Bangladesh border. After the incident of 09.06.2013 the victim along with 15/20 other people of Daharkanda village took the victim to Sarapul Hospital for medical treatment. In the mean time Mr. Akbar Khan (officer of G-branch of Hakimpur Check Post) and Mr. Bharat Singh came to the said hospital to see the minor boy while the doctor of the said hospital medically treated the minor boy on his injuries. Subsequently Mr. Bharat Singh came out from the said hospital and told Mr. Amin Dafadar, Mr. Kader Dafadar, Mr. Najrul Dafadar and Mr. Hannan Molla that if they would kill Mr. Yunus Molla, the BSF would give them opportunities to keep illegal cross border activities without any hindrance.

On 10.06.2013, the BSF personal Mr. Bharat Singh again called Mr. Amin Dafadar and wanted to know the details of Mr. Yunus Molla and told him they would falsely implicate the victim in some false criminal charges and they would teach him a lesson so that he would not work as Human Rights Defender. On 13^th June Mr. Yunus Molla lodged a written complaint before District Superintendent of Police, North 24 Parganas; as usual, no action from police authorities. So, I personally feel the life and security of Mr. Yunus Molla under danger.

Hence we seek your intervention in this heinous incident of human rights defender case in the following manner:-

Security and safety of Mr. Yunus Molla must be protected
The errant BSF personnel must be booked under law
The incident of consecutive intimidation by the BSF must be probes by an independent agency
The victim must be duly compensated

Thanking You,

Yours truly

Kirity Roy

Secretary, MASUM

& National Convener, PACTI