The Acting Chairman
National Human Right Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA
Here I am referring one incident of murderous assault by the perpetrator Border Security Force (BSF) personnel upon a Muslim family of four. The family was subjugated under severe physical torture without any specific reason. The members of the family were brutally tortured and a female member was physically manhandled and threatened with dire consequences.
In this case the perpetrator BSF personnel engaged into perpetrating torture and violence upon at civilian. The right to life, security of a person, the right from torture or cruelty, inhuman or degrading treatment has been grossly violated in this case. Besides that, Articles 2, 5, 6, and 8 of the UN Code of Conduct by the Law Enforcement Officials has been blatantly violated by the perpetrator BSF personnel.
I am attaching a detail of the incident for your easy reference.
Hence I seek your urgent action in this case with the following demands:
- An impartial enquiry by one neutral investigation agency must be directed in this case
- The criminal case registered against the engaged BSF personnel must be furnished with adequate legal sections and investigated without delay
- The accused BSF personnel must be immediately be apprehended and must be prosecuted and punished in accordance with law.
- The victims must be provided with adequate compensation, protection safety
National Convener, PACTI
Name of the victims– 1) Mr Sekendar Ali aged 58 years and 2) Ms. Rejiya Bibi; wife of Sekendar Ali aged 44 years; both of village -Baskothal, Post Office – Tharaikhana, Police Station -Dinhata, District-Coochbehar, West Bengal, India
Name of the secondary victim-, Mr. Rafikul Islam (30); son, Ms. Jharna Khatun(18); daughter, Ms. Alsina Bibi(20); daughter in law
Name of the perpetrators – Mr. A.K. Pandey (Major), Mr. Bitu Talukder (Constable), Mr. Ajit Kumar (Constable), Mr. N.K Barman (Constable) of Baskothal Border Out Post of 124 Battalion of Border Security Force
Date of incident: 1/06/2015 in between 4.15 to 4.30 p.m
Place of incident: Barbed wire fencing adjacent to Gate no-8, at village -Baskothal, Post Office – Tharaikhana, Police Station -Dinhata, District-Coochbehar, West Bengal, India
The victim family lives at the distance of nearly 15 to 20 meter from Boskothal B.O.P barbed wire fencing gate no-8. The family engages in farming. They have their own house near barbed wire fencing’s gate no-8.
The incident took place near barbed wire fencing gate no-8 on 1/06/2015 in between 4.15 to 4.30 p.m., while the barbed wire fencing gate no-8 was opened at about 4.00 p.m. Mr. Hafijul Haque; a nephew of Ms. Rejiya Bibi, supposedly wants to go to the market using this gate and entered his name at the movements register kept by the BSF at the gate. While he set to go, Ms. Rejiya Bibi asked where he was going. When she knew his destination; she came near the border gate and had given him few rupees to bring betel leaf for her. In the mean time, the on duty B.S.F personal of gate no. 8; Mr. A. K. Panday rushed to the spot asked her what she has given to him. She told that she gave Mr. Hafijul money to purchase betel leaf but Mr. Pandey without any justification blamed her as Bangladeshi. Mr. Hafijul Haque intervened and told that she was her elder aunt and pointed that the nearby house was belongs to her. The mentioned B.S.F personnel started beating him and punched on his chins. The BSF personal became more furious and violent. He shoved them out of the gate and closed the gate immediately. After 10 to 15 minutes a band of 15 to 20 B.S.F personnel reached the spot in a green coloured bus. The registration number of the bus was S-11-A0446 and they opened the gate. The perpetrator B.S.F personnel forcibly entered into victim’s house by breaking open the door and started assaulting Ms. Rajiya Bibi. Her husband Mr Sekender Ali also was present there and he came to save his wife from furious B.S.F jawans. He was also assaulted by the B.S.F. by fists and blows. They forcibly dragged out Sekendar and bodily pulled through the barbed wire road. His son; Rafikul Islam rushed to the spot to rescue his father from the fury of jawans. The undeterred B.S.F personnel started beating him mercilessly with wooden stick. They hit him to his waist with such force that he fell there at once on the ground. He was writhing in pain. After that, they dragged Mr. Sekender further into the gate and closed the gate. Then the perpetrators indiscriminately battered him and blood gush out from his side abdomen. He could not tolerate the pain and became senseless. They thought he was dead and get away from the place.
Locals admitted the couple to the Dinhata Sub Divisional Hospital. Both Ms. Rejiya and Mr. Sekender were under medical treatment. Ms. Rejiya was released from hospital on 02.06.2015. Mr Sekendar Ali was released on 04.06.2015 and back to their native and till under supervision of a local doctor.
Mr. Rafikul Islam lodged a complaint against the involved BSF personnel at Dinhata Police Station on 02.06.2015 which was registered vide Dinhata PS case no. 771/15. However, B.S.F also filed a case against Mr. Rafikul Islam and Mr. Hafijul Haque.
The victim family and Mr. Hyder Ali (son of Late Jafar Ali), Mr. Anisur Rahaman (son of Mr. Abdulla Mian), Mr. Chalam Sekh (son of Mr. Arbukkar Sekh) all residents of Boskothal identified some B.S.F personnel; Mr. A.K. Pandey (Major), Mr. Bitu Talukder (Constable), Mr. Ajit Kumar (Constable) and Mr. N.K Barman (Constable) as offenders.