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Kirity Roy<> / Thu, Jul 23, 2015 at 4:08 PM
To:
Cc: "" <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, Governor of West Bengal <>, IG South Bengal BSF <>, Pro Bsf <>, SDO Sadar Nadia <>, Secretary Home Dept Gov of WB <>, Secretary to Governor <>, DM Nadia <>, OHCHR <>, jrlawnhrc <>
To
The Chairman
National Human Right Commission
ManavAdhikarBhawan, Block-C, GPO Complex, INA, New Delhi-11002323 July 2015
- District Magistrate, NADIA—Ref No. MASUM/DM/NADIA/11/4101/15
- Superintendent of police, NADIA-- Ref No. MASUM/SP/NADIA/11/4102/15
Respected Sir,
We have conducted fact finding upon information received that the victimNakulPramanikfrom the district Nadia, West Bengal was killed by the accused BSF personnel. The facts and circumstances of the incident established that the victim died in the custody of Border Security Force and they must be held responsible for causing death of the victim.
The local police station washed their hand by only registering one criminal case against the perpetrators BSF personnel. There has been no development in the matter of the investigation and the concerned police station is still inactive on the question of apprehending the accused Border Security Force personnel.
It seems that the Border Security Force is not only content with the only task of protecting our bordering areas but it has also taken unto itself by virtue of the impunity enjoyed by them, the burden of playing the role of prosecutor, judge and even executor of punishment which each and every occasion must invariably result in the vicious murder of innocent people leaving their only depending family members to an uncertain future of hunger, exploitation and even committing crime for livelihood.
The Border Security Force totally violated the right to life and liberty of the victim and his left behind family members as guaranteed under the Constitution of India. Our attached fact finding report gives details of the case.
Hence we seek your urgent intervention in this matter in the following manner:-
- The criminal case beingChapra police station case no. 388/15 dated 06.06.2015 under sections 302/34 of Indian Penal Coderegistered against the accused BSF must be thoroughly investigated and the accused persons must be arrested forthwith.
- An inquiry must be held by a Judicial Magistrate.
- The whole matter must be investigated by CID, in compliance of the guidelines issued by the Commission in case of extra-judicial killing.
- The delinquent police officers of Chapra Police Station must be reprimanded for their designed inaction.
- The family members of the victim must be provided with adequate compensation and protection.
Thanking You
Yours truly,
Kirity Roy
Secretary of MASUMNational Convener- PACTI
Name of the victim:- NakulPramanik (deceased), son of Mr. AjitPramanik, aged about-39 years, by faith-Hindu, by occupation-labour, residence at village- Hudapara (Malayapara),Police Station- Chapra, District-Nadia, West Bengal, India
Name of secondary victims: (1)Ms. ArchnaPramanik(wife of the victim), aged about-34 years 2) Master LokenathPramanik(son of the victim), aged about 13 years.
Name of the eye witnesses:1) Mr. BanshiGhosh son of Mr. MahadebGhosh; 2) Mr. BhinaGhosh son of Mr. BasudebGhosh; 3) Mr. SubolHalder son of Mr. NitaiHalder, all being the residents ofvillage- Hudapara (Malayapara),Police Station- Chapra, District-Nadia.
Name of the perpetrators: -The involved on-duty Border Security Force jawans of Border Road BSF Outpost no. 1 and 2 under Malayapara BOP Camp, Company-C, Battalion-113 under Chapra Police Station, District-Nadia
Date and time of incident: -On 04.06.2015 at around7 pmand subsequent thereafter.
Place of incident: -In the jute field of Mr. Mohan Halder under Narayanpur village, a place 100 metres from the middle point of Border Road BSF Outpost number 1 and 2under Malayapara BOP Camp, Company-C, and Battalion-113 under Chapra Police Station
Fact Finding Details:-
It is revealed during the fact finding that the victim was a poor landless daily agrarian labour. He belonged to the other backward class community. His family consisted of his wife Ms. ArchnaPramanik (34 years) and his son Master LokenathPramanik (13 years). The victim’s son studies in class-VIII at Shimulia High School.
The house of the victim including the dwellings of several others in the village is located on both sides of the BSF Road running through the village. On 04.06.2015 there was a marriage function of the daughter of Mr. BablooPramanik who was a near relative of the victim. So he was busy in the marriage function on that day.
Suddenly in the evening after7 pmthe victim was found missing and he could not contacted over the phone. His mobile phone was switched off. So the people in the locality and the family members of the victim started looking for him. They even contacted one local member of Gram PanchayatMr. GosthoHalder and they all searched for the whereabouts of the victim. They also contacted the local Border Security Force to know the whereabouts of the victim but all their efforts went in vain and there was no information about the victim. They searched for the victim till11 pmof the night but could not be found.
On the morning of 05.06.2015 the family members of the victim again went out to search for him. Later they found that his body was lying in the jute field of Mr. Mohan Halder who lives in Narayanpur village. They saw several marks of injuries on his body. The body was found at a distance of 100 metres away from the middle point of BSF Border Road Outpost no. 1 and 2. Some villagers of Narayanpur village stated they had seen in darkness of last night that some border security force personnel were beating a person. Some broken bamboo sticks were lying around the body and the body was lying in a pull of blood. Pieces of broken cellular phone of the victim were also found.
The police of Chapra Police Station came and took the body of the victim in custody at around12 noonon 05.06.2015. The doctor of Chapra primary health centre declared the body as brought dead. At about1pmthe body was taken to the Shaktinagar District Hospital Police Morgue for post mortem examination. The police of Chapra Police Station registered one unnatural death case on the death of the victim i.e. Chapra police station UD Case no. 22/15 dated 05.06.2015. After the post mortem examination (Post Mortem Examination no.578/2015 dated 5.6.2015) the body was handed over to the family members for the crematorium.
On 06.06.2015 the victim’s elder brother lodged a written complaint before the officer-in- charge of Chapra Police Station and based on that complaint a criminal case was registered against the accused BSF personnel vide Chapra police station case no. 388/15 dated 06.06.2015 under sections 302/34 of Indian Penal Code. But the family members of the victim stated that the police till date did not take any action against the accused BSF personnel.
Victim Nakul & his family
After post mortem examination dead body handed over
Complaint received by Chapra police station
Reply in NHRC Case No.1344/25/14/2015-AD1 message
Kirity Roy<> / Fri, Oct 16, 2015 at 3:11 PM
To:
Cc:
To
The Acting Chairman
National Human Rights Commission
ManavAdhikarBhawan
Block-C, GPO Complex, INA
New Delhi-110023
Ref.:- NHRC Case No.1344/25/14/2015-AD
My complaint dated 13.1.2015
Respected Sir,
On 23.7.2015, I lodged one complaint in the matter of victim NakulPramanik(deceased) from District-Nadia, West Bengal who was killed by the accused BSF personnel. In the matter of the victim, Chapra Police Station registered one criminal case vide Chapra Police Station Case no.388/2015 dated 6.6.2015 under sections 302/34 of IPC.
The Commission registered my complaint as NHRC Case no.1344/25/14/2015-AD and the Commission directed the Deputy Inspector General (Investigation), West Bengal to collect facts and requisite reports within 8 weeks.
On 22.9.2015, I received one letter (Memo no.1033/1(3)/JM dated 8.9.2015 from the District Magistrate, Nadia along with a copy of report from AvishekMajumder, being the Dy. SP(HQ), Nadia. The said letter was addressed to the Commission and copied to me.
In the report of AvishekMajumder, being the Dy. SP (HQ), Nadia, it is intimated that the I.O. in connection with Chapra Police Station registered one criminal case vide Chapra Police Station Case no.388/2015 dated 6.6.2015 under sections 302/34 of IPC issued communication two times on 8.6.2015 and on 18.6.2015 with BSF authorities to hand over the duty register of ACP party on 4.6.2015 at 18.00 hours to 00.00 hours. The BSF authorities did not pay any attention. As a result on prayer of the I.O., the Superintendent of Police, Nadia released the D.O. vide Memo no.10569 dated 22.6.2015 to DIG, BSF with a request to arrange to supply the duty register as stated above but such duty register has not yet been supplied by the BSF authority.
The above stated intimation from the District Magistrate, Nadia shows that the BSF authorities are not assisting the I.O. with the investigation in c/w Chapra Police Station registered one criminal case vide Chapra Police Station Case no.388/2015 dated 6.6.2015.
I hope that the Commission would take notice of the same and would issue necessary direction so that the difficulty put by the BSF authorities in smooth progress of the investigation can be removed.
Your kind action in this matter would be highly solicited.
Thanking you
Yours truly
Kirity Roy
Secretary, MASUM