Dalit Youth received pellets, brutally tortured by BSF- IMPUNITY
iplab Mukherjee <> / 15 September 2017 at 14:22To: , "" <>
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, "District Magistrate, Murshidabad" <>, MHA JS Border Management <>, MHA JS Human Rights <>, Pro Bsf <>, SP Murshidabad <>, UN SR On Torture <>, "UN SR Special Rapporteur On Truth, Justice, Reparation" <>, BSF North Bengal <>, IG South Bengal BSF <>
To15.09.2017
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 Mr.Govinda Mondal from district-Murshidabad, West Bengal was subjected to physical assault by the Border Security Force personnel on 24.07.2017 at about 12.30 am when he went to ‘zero point’, near to Madanghat BSF camp for cross border cow smuggling. He sustained severe injuries due to the assault. He lodged written complaint before the Superintendent of Police, Murshidabad but no action has been taken till date. The BSF personnel being public servant committed violation of his human rights by committing physical assault upon him without any justification while on duty. Our attached fact finding gives details of the incident.
The perpetrator BSF personnel by their acts of torture upon the victim violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials and Article 7 of International Covenant on Civil and Political Rights.
Hence I seek your urgent intervention in this present complaint with prayer to consider following demands:-
· The whole matter should be inquired by one independent investigating agency preferably by the Commission’s own investigating wing.
· The perpetrator BSF personnel should be booked under the law and be punished in accordance with law.
· The complaint submitted before the Superintendent of Police, Murshidabad should be treated as FIR against the perpetrator BSF personnel and investigation must be commenced forthwith.
· The victim and his family should be provided with adequate compensation and protection.
Sincerely Yours
(BIPLAB MUKHERJEE)
Secretary- MASUM
Name and other details of the victim: Mr. Gobinda Mondal son of Late Haripada Mondal, aged about 21 years, belongs to a schedule caste community and resident of village- Char Sahebnagar, Block – RaninagarII, Police Station – Raninagar, Post office – Char Borderpara, District- Murshidabad, State- West Bengal.
Secondary victims: 1. Sarathi Mondal (mother), Age – 50 years 2. Sangita Mondal (Wife), Age- 20 years 3. Barno Mondal (son), Age – 1 year.
Name of the perpetrators: Border Security Force personnel from Madanghat Border Security Force Camp under battalion number - 04
Date and Time of the incident: On 24.07.2017 at around 12.30 am.
Place of incident: At zero point near to Madanghat Border Security Force Camp under Ranitala Police Station; Murshidabad
Case Detail
Mr. Govinda Mondal is a resident of erosion affected area. He belongs to a schedule caste (Dalit) community. His family has no agricultural land on their own to cultivate. His father was an agrarian labor. Due to poor financial condition of the family; victim used to migrate in different provinces in search of livelihood. He usually spend 5-6 months in different areas as migrating labour. It is revealed during our fact finding that Mr. Govinda Mondal is also connected with cross border cow smuggling as mere courier.
On 24.07.2017 at around 00.30am (midnight), Mr. Govinda Mondal went to zero point area near Madanghat Border Security Force camp to smuggle out cows through the Indo – Bangladesh border. At that time 17 border security force personnel from said camp of BSF Battalion number – 04 rushed to him and fired from their pallet guns without any caution. Victim received several pellets on his neck, palms and legs (above the knee) and fell into the ground. BSF personnel then came to him and started inhuman physical torture upon him. First they tied up his hands with “gamcha” (kind of towel). Then they kicked him all over the body with their boots and also bashed him with wooden sticks. After that one of BSF constable cut his forehead with a machete. Then those BSF personnel went to river bank carrying the victim’s semi conscious body. They prepared to throw the body to the river but suddenly they changed their plan and took him to the said border out post.
After reaching there, BSF personnel took his signature on a blank paper. They also warned him to keep mum. After that they admitted him at Kharibona rural hospital at 11.00 am on 24.07.2017. BSF personnel discussed something with the attending doctor at the said rural hospital; which is not known to the victim and at around 11.30 am, victim was released from the hospital after preliminary medication. Then the victim was handed over to Ranitala Police station by those BSF personnel. Ranitala police station initiated a Police Case vide Ranitala PS Case Number – 300/2017 dated 24.07.2017 under sections 186/188/371/411 of Indian Penal Code against the victim.
On 25.07.2017 victim was produced before the Lalbagh Additional Chief Judicial Magistrate’s court at around 10 am and sent to Lalbagh Sub Correctional Home. On 18.08.2017 the victim was released on bail. On 22.08.2017 victim visited to Dr. Ramakanta Majumdar for his treatment. Till date he is suffering from unbearable pain in his whole body. On 08.09.2017 Mr. Govinda Mondal lodged one complaint to Superintendent of Police of Murshidabad.
Victim (Visible Cut Mark)Doctor's prescription
Postal Slip of Complaint sent to the Superintendent of Police