"How many times can a man turn his head, Pretending he just doesn't see?" - Coochbehar district - Inhuman BSF Torture - Failure of criminal justice system with impunity
Kirity Roy<> / Tue, Feb 10, 2015 at 12:26 PMTo: "Justice Shri K.G. Balakrishnan" <>,
Cc: Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, Secretary Home Dept Gov of WB <>, "DG & IGP, West Bengal Police." <>, BSF <>, BSF North Bengal <>, , OHCHR <>, "A.K. Parashar" <>
10 February 2015
To
The Chairman
National Human Rights Commission
Manav Adhikar Bhavan
Block- C, GPO Complex
INA
New Delhi – 110023
- Principal Secretary (Home) – MASUM/PS(H)/WB/11/4016/15
- Superintendent of Police – MASUM/CBR/11/SP/4017/15
- District Magistrate – MASUM/CBR/11/DM/4018/15
Respected Sir
I want to draw your kind attention over an incident of severe physical torture on a Muslim youth by Border Security Force personnel 34 months back. The victim was returning home from his relative’s place. He was abducted, tortured, even administered with electric shock. Inspite of protracted medical treatment and huge spending on treatment; not regain his eyesight. The mother of the victim made complaints to the West Bengal Human Rights Commission and other administrative bodies after the incident occurred in May 2012, but till date no recourse measures has been taken from any corner. There was not a single inch advance to provide justice to the victim in this case.
MASUM is fully aware of the law that NHRC cannot take up a case after one year of the incident. As country’s largest human rights organisation, please try to understand the systematic failure of our criminal justice mechanism. This case is finest example to show that the BSF, Police, civil administration and West Bengal Human Rights Commission having no accountability.
The perpetrator BSF personnel violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials. They also violated Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights), Article 21 of the Constitution of India.
I am appending a detail of this incident for your easy reference which is self explanatory in nature and demand for:-
- The whole incident must be investigated by the investigating unit of your Commission in an urgent basis
- Requisite punitive action must be taken against the involved BSF and police personnel
- The inactive and unresponsive attitude of administration and police must be investigated
- Safety and security of the victim woman and her family must be ensured
- The unfeeling attitude of WBHRC must be addressed with prompt and adequate constitution of WBHRC
- The victim must be provided with adequate financial compensation for financial loss and expenses incurred for his medical treatment
Sincerely Yours
(Kirity Roy)
Secretary- MASUM
National Convener- PACTI
Particulars of the Victim-Mr.Suman Islam aged 24 years, son of Mr. Safikul Islam, Muslim by religion, residing at village Dakurhat under Dinhata Block, Post Office – Karola, Police Station – Dinhata, District – Coochbehar, West Bengal, India.
Particulars of the perpetrators –Border Security Force personnel attached withNatkabari Border outpost, Alfa Battalion of 46 No. Battalion of Border Security Force, under Dinhata Police station, District- Coochbehar
Date and time of the incident –On4.5.2012 at around 6.30 pm
Place of Incident –Meghnarayan Kuthi village, Dinhata Police Station, Coochbehar
Case detail
Mr. Suman Islam aged 24 years is a resident of Dakurhat Karola village under Dinhata Police Station of Coochbehar district. He is from a Muslim minority family. He has six family members including his one month old son. He was the primaryearning member of his family.
On 04.05.2012,Mr. Suman Islam was returning home after attending an invitation at his aunt’s house. It was around 6.30 pm he was crossing Meghnarayan Kuthi of Karola village, which is almost 500metre away from the border fence. Suddenly some BSF personnel stopped him and started asking him questions. Before he could even answer all the BSF personnel started beating him. He tried to explain things both in the local language and in Hindi but they kept on hitting him without even listening to his words.
Then he was brought to BSF camp. Throughout the night he was being tortured by the BSF personnel. He was given electric shock and other inhuman things were done to him. He could not bear it so he lost his senses. On the next day on 5.05.2012 evening around 5pm BSF took him to Dinhata police station. They implicated him in a false charge. The police station on the other hand denied takingthe victim under their custody seeing his health condition. Then the BSF brought him to Dinhata Sub-Divisional Hospital and admitted him there. A CT-scan was done. On 6.5.2012 his CT scan report came, seeing which he was immediately referred to Siliguri Medical College and Hospital. He was admitted there but was kept under BSF supervision. He was not allowed to see any one even his family members including his mother. When media came, they were not allowed to meet him or take his photograph. Even though the incident was reported in daily news paper named ‘Uttar Banga Sangbad’ on 8.05.2012.
Victim’s father lodged a complaint on 5.5.2012in Dinhata Police Station against Alfa Company of Battalion 46 of BSF. On 9.5.2012 his motherMs. Sima Begum filed a case in Dinhata Police station against Alfa Company Battalion Number 46 of BSF, the case number is 275/12. On 14.5.2012 victim’s Mother made a written complaint to the Sub Divisional Officer, Dinhata. By this time though primary treatment was given to the victim his condition did not improve much. Doctors seeing reports said that he has severe head and eye injury. So they referred him to SSKM Medical College and Hospital, Kolkata. She informed this to The Inspector in Charge (IC) of Dinhata Police Station. The IC sent a Police officer to Siliguri Medical College while he was taking his discharge certificate. The officer intimidates them. On 17.5.2012 after reaching SSKM Hospital the IC asked the victim and his mother to wait outside the gate and he left them. His mother started crying and finally with the help of some local people helped them to see the doctor in Out Patient Department. On 18.5.2012 Ms.Sima Begum took Mr. Suman Islam to West Bengal Human Rights Commission, Bhabani Bhavan, Kolkata. The Commissioner asked them to submit a written complaint.
The victim was admitted to SSKM Medical College from 18.5.2012 to 23.5.2012. The doctors told them that one ofhis eyes is in a very bad condition; he also has several blood clots in his head. So they asked to take him to a specialised hospital for further treatment. They came back to their village and sold out their land and cattle to gather medical expenses. Then summon was taken to Ramachandra Hospital Chennai, but by that time Suman had already lost his eye.
On 25.05.2012 Victim’s mother wrote a written complaint to The Chairman, West Bengal Human Rights Commission. 1.06.2012 she wrote a written petition to the District Magistrate, Coochbehar and on 6.06.2012 she also wrote a petition to the Superintendent of Police, Coochbehar. At present the victim is not able to see with one of his eyes, he is sitting at home without any work for many days. They are left with no more money for further treatment. He has become depressed and lost all his courage to live.