The Hon’ble Chairman
National Human Rights Commission
New Delhi – 1
I want to draw your attention on an incident in which the posted Border Security Force personnel not only harassing a person living in pittance but in this course showed total defiance to the order of Ministry of Homes as well as of their superior officer and infringed the Constitutional rights of a bonafide citizen.
Mr. Aizuddin Biswas, son of Late Munaruddin Biswas, a resident of Char Parashpur village, Post- D/ Parashpur under Jalangi police station of Murshidabad district is a agrarian labourer who lost his land with other immovable property during the incessant erosions caused by the river Padma. He owned agrarian lands at Dayarampur village till 2005, thereafter it was totally eroded and he was forced to migrate at Char Parashpur, he received Patta (land title by the government) at the said village for his living, where he is living with his wife and minor children. His means of sustenance are cattle rearing and part time employment as agrarian labourer. On 15.7.2012 he bought 4 cows and 4 calves from adjoining villages to increase his income. He spent nearly Rs. 40000 for this purpose. Before the said purchase, on 13.7.2012, he duly informed the respective Gram Panchayet, Panchayet Samity and Block Development Officer and obtained approval on his request letter. While Aizuddin was trying to bring the cattle to his home in Char Parashpur village, the posted Border Security Force personnel resisted him to cross the river Padma with the cattle to his village. The cattle were still stranded at the village Raypara, the other side of the river. Aizuddin made a request to the Deputy Inspector General of BSF; Roshanbagh on 20.7.2012 to direct his force for allowing him to bring the cattle. The DIG instructed the ‘A’ Company of Charbhadra Company Headquarter of 91 BSF Battalion. Aizuddin met several times with the Company Commander of the said BSF Company as well the personnel at the Farazipara BSF- BOP of the said Company with his request. He also made complaint to the District Superintendent of Police, Murshidabad. But he was either mocked or jeered for his complaint to DIG- BSF anf SP. He even verbally abused by the said BSF personnel on duty at Raypara.
In this connection I want to refer my complaint before the National Human Rights Commission (vide NHRC’s Case No. 44/25/13/08-09-PF/OC dated 8.2.11) and inquiry report conducted by Mr. R. R. Jha, Joint Secretary (Human Rights) Ministry of Home Affairs, Government of India and duly submitted by Mr. Yashpal Dabas; Director to the Government of India; Ministry of Home Affairs (vide Memo No. 15011/20/2011-HR.II) dated 20th April, 2011 to NHRC. In this report the Ministry informed the Commission about the visit of Joint Secretary (HR) to Char Paraspur village on 9th of March 2011 and submitted his inquiry report with his recommendation. In his recommendation the Joint Secretary categorically opined and recommended for i) BSF as a Border Guarding Force should not be involved in regulating movement of rice and other grocery items purchased by persons in border areas either for their consumption or for local trade. Though, the recommendation was made on a complaint in which the issue was movement of groceries and rice but the recommendation is self explanatory in nature while dealing with movements of any thing without an ulterior motive of smuggling and in this case, the victim made it clear before the civil authorities and BSF authorities and elected representatives of local self government about his bona fide reasons and purpose for the same, the civil administration, elected local government and BSF higher up made approval for the same.
In this connection I demand for immediate arrangement of the movement for Aizuddin Biswas’s cattle to Char Paraspur village without any restriction. Mr. Biswas must be compensated for his financial loss due to the whimsical and arrogant acts of the said BSF personnel, who denied the instructions from their superior officer. The said act of the BSF personnel must be enquired by an independent and competent authority. The practice of restricting movements at bordering areas in accordance to whims of BSF personnel must end with appropriate governmental/ departmental instructions.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
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