Vandalism by BSF at bordering village. Police inaction. All the victims are Muslim and DALIT. IMPUNITY
Kirity Roy <> / 14 June 2017 at 15:54To: "Justice Shri H. L. Dattu" <>,
Cc: BDO Dinhata l <>, BSF North Bengal <>, Chief Minister West Bengal <>, Chief Secretary Gov of WB <>, "DG & IGP, West Bengal Police." <>, DG BSF <>, DM Cooch Behar <>, Home Ministry <>, MHA JS Human Rights <>, SDO Dinhata <>, SP Cooch Behar <>, UN SR on coercive measures <>, UN SR On Torture <>, UN SR Poverty <>
To 14 June 2017
The Chairman
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, GPO Complex, INA,
New Delhi – 110023
Respected Sir,
I would like to attract your attention with grave concern on continuous infringement upon right to life and livelihood activities of innocent villagers residing at Indo- Bangladesh bordering areas of Bhorampayasti village, District-Cooch Behar in West Bengal. The perpetrator Border Security Force personnel posted created havocon the minds of the villagers residing there. Their fundamental right to live with human dignity and livelihood; secured under Article 21 of the Constitution of India has been violated by the BSF personnel at a regular basis. My present complaint discloses the incident of torture and vandalism committed by the perpetrator BSF personnel in the aforesaid village on 16.05.2017. Our attached fact finding report provides details of the incident. The victims have lodged complaint to the Superintendant of Police, Cooch Behar on 19th May, 2017. But no action has been taken till date. The complaint disclosed information of committing cognizable offences but no FIR has been registered till date on the complaint in violation of the guidelines issued by the Supreme Court of India on Lalita Kumari vs. Govt. of U. P. & others-reported in (2014) 2 SCC 1. Besides that the perpetrator BSF personnel by their torturous acts violated Articles 2, 5, 7 and 8 of the UN Code of Conduct for law Enforcement Officials and Articles 7 and 17 of ICCPR (International Covenant on Civil and Political rights),
In this context, I want your urgent intervention on my present to stop this type of vandalism and hooliganism by the government people and steps for punishment of the concerned perpetrators.
Our demand is as follows:-
· The whole incident must be investigated by one neutral investigating agency.
· The perpetrator BSF personnel must immediately be booked under the law by registering FIR on the complaint submitted by the victims before the Superintendent of Police, Cooch Behar and must be punished accordingly for their alleged act of violation of law.
· The villagers of Bhorampayasti village must be protected from any kind of harassment and torture in the hands of the BSF personnel.
· The footages of CCTV installed at this place by the BSF itself, to examined
· The concerned BSF authority must be directed to post their camps/out-posts at the actual border instead of 3 kilometers inside the villages.
· The victims must be provided adequate compensation.
Thanking You
Yours truly
Kirity Roy
Secretary, MASUM
National Convener, PACTI
Name of the Victims:
1) Mr. Minajul Haque, Son of Mr. Mohor Ali,
2) Mr. Momin Haque, Son of Mr. Monser Ali
3) Ms. Chhalea Bewa, wife of Late Saritulla Miya,
4) Mr. Rahim Miya, Son of Late Turu Miya,
5) Mr. Sariful Haque, Son of Mr. Sabidul Haque
6) Mr. Ershad Ali, Son of Mr. Ghutu Miya.
7) Mr. Sunil Burman, Son of Late Rajen Burman
8) Mr. Alam Hossain, Son of Late Boyzar Ali
9) Mr. Kutub Ali, Son of Ms. Kulchum Bewa
10) Mr. Aminur Haque, Son of Mr. Boyzar Ali,
All residing at village-Bhorampayasti, Post Office-Gitaldaha, Police Station-Dinhata, District-Cooch Behar, West Bengal, India
Name of the Perpetrators:
About 8 to 10 Border Security Force Jawans of 101 Battalion including Mr. Rammohan Roy from G-Branch, BSF under Gitaldaha BSF BOP Camp, Police Station-Dinhata, District-Cooch Behar.
Date & time of the incident:
On 16.05.2017 from 10.30 pm to 2am on 17.05.2017
Place of the incident:
Inside Bhorampayasti village under Block-Dinhata-I, Post Office-Gitaldaha, Police Station-Dinhata, District-Cooch Behar
Details of the Case:
It is revealed during the fact finding that the villagers Bhorampayasti village due to river erosion built their houses on both sides of Dakbanglaw-Ghoshpara road and reside there. The said road is about three kilometers inside under Indian Territory from Indo-Bangladesh border and the road is about 300 meters long. The said area is densely populated. The BSF personnel of Gitaldaha BSF BOP Camp of Battalion-101 installed out-posts along the said road in the midst of the densely populated area instead of the actual border. The villagers face different problems due to presence of the BSF personnel, such women folks of the area are afraid to move freely as by seeing them, the BSF personnel throw lured comments in Hindi language on them hurting their dignity. The villagers stated that the area is used by the outside smugglers to smuggle cattle and other items to Bangladesh. Those outside smugglers carry out their illegal activities in direct connivance with a section of BSF personnel posted there. The villagers further stated they have no linkage with smuggling activities but instead of that they are victimized by the BSF personnel and they face harassment and hooliganism in the hands of the BSF personnel.
The villagers stated that on 16th May, 2017 at 10 pm 8 to 10 BSF jawans including Rammohan Roy of 101 Battalion were making hulla and shouting inside the village area using slang languages. They committed mischief by damaging ten houses of the villagers of Bhorampayasti village. Those ten houses belonged to the victims above mentioned. The perpetrator BSF personnel broke down the wooden doors and the tin made walls of those houses by using sticks, rifle butts and dagger. They also put fire on a cow room in the said village. The villagers started fleeing here and there. Those BSF personnel openly threatened that they would set fire on the rest of the houses of the villagers. At about 10.30 pm Mr. Aminul Haque the Prodhan of Gitaldaha-II Gram Panchayat and Mr. Ikramul Haque being member of the Panchayat Samity called up the fire brigade. When the fire brigade came, the perpetrator BSF personnel forcibly restrained the fire brigade personnel to enter into the village. Those BSF personnel continued to commit such vandalism up to 2.30am at that night. After that they left the place but the villagers passed the night under terrible fear and trauma. The villagers stated that they sustained financial loss of Rs.70, 000/- to 80,000/- due to damage to their houses committed by the perpetrator BSF personnel.
On 19.05.2017, the victims sent a joint written complaint to the Superintendent of Police, Cooch Behar by registered post stating the entire incident but till date no legal action has been taken on the complaint.