One DALIT man was inhumanly tortured by BSF. Is police and BSF of Murshidabad district are above the Constitution of India?

Kirity Roy<> / 1 February 2017 at 16:37
To: "Justice Shri H. L. Dattu" <>,
Cc: BDO Bhagwangola-II <>, BDO Bhagwangola 1 <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DG BSF <>, "District Magistrate, Murshidabad" <>, IG South Bengal BSF <>, MHA JS Human Rights <>, SDO Lalbagh <>, SP Murshidabad <>, UN SR On Torture <>, UN SR Poverty <>, UN SR Racism <>, OHCHR <>

To 1 February 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 a Scheduled Caste youth from district-Murshidabad, West Bengal was subjected to physical assaultby the perpetrator Border Security Forcepersonnel. He lodged written complaint before the Superintendent of Police, Murshidabad but no action has been taken till date. He was returning to his village after illegally smuggled cattle to Bangladesh while apprehended by the BSF personnel. He was illegally being captivated by the BSF personnel and no medical attention has been provided though he was severely injured by the torturous acts of BSF personnel. Later, he was implicated in a criminal case by the BSF and Custom officials but he was not being informed about the charges against him and he has apprehension that charges made against him was fabricated.

The incident was in total contravention of Article 21 of Indian Constitution; which guarantee life and liberty to all. The BSFpersonnel also violated the international obligations stated in article 7 of ICCPR and article 2,3,5,6 and 8 of Code of Conduct for Law Enforcement Officials; Adopted by General Assembly resolution 34/169 of 17 December 1979.

Our attached fact finding 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 perpetratorBSFpersonnel and Custom officials 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 perpetratorBSFpersonnel and investigation be commenced forthwith.

·The victim and his family should be provided with adequate compensation and protection.

Thanking you,

Yours truly

Kirity Roy

Secretary, MASUM

National Convener, PACTI

Name and details of the victim: Mr. Suresh Mondal; son of Mr. Bhaddari Mondal; aged about 40 years and resident of village- Nichu Shalbona under Islampur Police Station of Murshidabad district of West Bengal, belongs to Schedule Caste community

Name and details of the perpetrators: Border Security Force personnel of Nirmal Char- Madanghat Border Outpost of 105 Number Border Security Force Battalion under Islampur Police Station Jurisdiction

Name of the secondary victims:Ms. Anima Mondal; aged 35 years (wife), Ms. Chumki Mondal; aged16 years (daughter) and Master Swapan Mondal; aged 13 years (son)

Place of the incident:At 2 kilometers from Madanghat BSF Camp on western side

Date and time of the incident:On 7thSeptember 2016 at around 12 noon

Case Detail

Mr. Sursh Mondal is a migrant labour and used to go different provinces in search of job. While at his native, he used to smuggle out cattle to Bangladesh to fend his family.

On fateful day; 7.09.2016, he was returning to his village after smuggled out a pair of cattle to Bangladesh. While he was returning, nearly 20-22 BSF personnel from Madanghat BSF Camp apprehended him at around 12 noon at the place mentioned. He was beaten mercilessly at all over the body and broken his forehead. He was verbally abused. Then he was brought to 4 No. Outpost of the Madanghat BSF Camp. He was again beaten by the BSF personnel at the said outpost. At around 1 PM he was brought to Madanghat BSF Camp. At around 6-7 PM in evening, he was brought to Lalgola Custom Office by the BSF personnel. At Lalgola Custom office, the BSF personnel and Custom officials prepared some documents but Mr. Suresh Mondal is ignorant about those documents. The BSF personnel and Custom officials taken him to Kharibona Hospital and BSF warned him not to speak about any physical torture upon him by the BSF personnel. He was not treated at the said hospital and no medicine has been administered to him at the hospital though he told the attending doctor about physical torture. At around 10 PM, he was brought to Ranitala Police Station by the BSF personnel. On 8thSeptember 2016, at around 10 AM, he was brought to Lalbagh Additional Chief Judicial Magistrate’s Court vide GR No. 2530/16, Ranitala PS Case No. 322/16 dated 7/09/16 under sections 186/374/411/413/414/34 of Indian Penal Code and he was sent to judicial custody. He was released after 14 days by obtaining bail. He was administered medicine and treated at prison hospital.

According to the victim, he was apprehended in previous occasion by the BSF personnel two months back and for this reason he misinform the BSF personnel and told his name as Paresh Mondal instead of his actual name; Suresh Mondal. So the present case is against Paresh Mondal. He sent a written complaint to the Superintendent of Police; Murshidabad but no action has been taken till date.