BSF tortured a minor boy belongs from religious minority community.inhumanly. Police inaction. IMPUNITY
Kirity Roy<> / 14 February 2017 at 22:01To: "Justice Shri H. L. Dattu" <>,
Cc: BDO Dinhata 2 <>, BSF North Bengal <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DG BSF <>, DG Eastern Command BSF <>, DM Cooch Behar <>, IG South Bengal BSF <>, MHA JS Human Rights <>, Pro Bsf <>, SDO Dinhata <>, "Secretary, Women and Social Welfare WB" <>, SP Cooch Behar <>, UN SR On Torture <>, OHCHR <>
To14 February 2017
The Chairman
National Human Rights Commission of India
ManavAdhikarBhawan
Block-C, GPO Complex, INA,New Delhi – 110023
Respected Sir,
I want to draw your kind attention about the following incident where some Border Security Force personnel tortured a minor boy belongs from religious minority community. Master ObaidulHaq was beaten by the perpetrator Border Security Force personnel when he was busy with some cross border smuggling act. It was reported that the minor boy tried to smuggle out few bottles of cough syrup under influence of monetary allurement.
His father is a farmer and he is the only earning member of the family. Victim was studying for his upcoming board examination and now he is not able to sit due to the barbaric torture by the Perpetrator BSF personnel.Our attached fact finding gives details of the incident. He made a complaint to the Superintendent of Police; Coochbehar but no appropriate action has been taken.
In this case the perpetrator BSF personnel engaged into perpetrating torture the minor boy.The act of theBSFpersonal was not only savage and brute but also against the national and international legal provisions. The torturous act was in contravention of Article 19 and 37 of UN ConventiononRights of the Children; where the convention has stated that the right of everychildto be protected from being hurt or badly treated and not to be punished in a cruel or hurtful way and India has ratified the convention way back. 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 perpetratorBSF jawan.
Our attached fact finding report gives details of the incident.
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 victim and his family should be provided with adequate compensation and protection.
Thanking you,
Yours truly
Kirity Roy
Secretary, MASUMNational Convener, PACTI
Name of the victim: -Master ObaidulHaq son of Mr. Chorat Ali aged about 17 years residing at village – Tharaikhana, Block- Dinhata-II, Police Station – Dinhata, District- Cooch Behar, West Bengal
Name of the perpetrators: -3-4 Border Security Force personnel from Tharaikhana BSF camp of 124 Border Security Force Battalion
Date and time of incident: -On04.12.2016 at around 6.30pm.
Place of Incident: -500 meters away of Indo Bangladesh border fence at Tharaikhana village; preciously in front of the residence of Mr. NurMahammad of Tharaikhana village under Dinhata police station.
Case Details
Mr. ObaidulHaq son of Mr. Chorot Ali is a minor boy, resident of village – Tharaikhana, Block- Dinhata- II, Police Station – Dinhata, Post Office – Tharaikhana, District – Coochbehar . His family consists of father Mr. Chorat Ali (Age- 55 years), mother Mrs. JaheraBibi (Age- 45 Years), elder brothers Mr. JaidulHaq (Age – 21 Years) and Mr. RejjakHaq (Age- 21 Years). Victim is a student of standard X and this year he is to be appeared for his board examination. Victim’s father is the only earning member of the family and he is a farmer by profession.
On 04.12.2016 at around 6.30pm victim went outside from his residence and reached at the border fence. This is revealed from our fact finding that victim was supposed to smuggle out few bottles of cough syrup. At that time 3- 4 on duty Border Security Force personnel from Tharaikhana Border Outpost of Battalion Number 124, chased him till the pond near to Mr. Nur Mohammad’s house, captured him and beat him inhumanly. The BSF personnel kicked on his chest and made several blows on his head and fingers of his left hand; resulting fracture on his head. A visible hematoma was occurred on victim’s backside due to torture. He lost his consciousness and fall into the ground. While, the villagers came to his rescue, the BSF personnel left the minor boy.
After that the BSF personnel admitted him to Dinhata Sub Divisional Hospital and a CT Scan on his head was done at MJN Hospital at Coochbehar. On 07.12.2016 victim was released from the hospital. On 19.12.2016 victim lodged one written complaint to Superintendent of Police of Cooch Behar. Due to his injuries victim is unable to concentrate in his study to prepare his upcoming board examination and bad shape of health.