To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023

 

Respected Sir,

 

I want to draw your kind attention on the matter of physical torture on the victim; Mr. Suman Mondal, resides at Parashpur under Murshidabad district by the perpetrator personnel of Dayarampur BOP Camp. Our fact finding report provides the details of whole incident.

 

The whole incident took place inside the Dayarampur BSF BOP Camp. On the date of incident, the perpetrator BSF personnel restrained the victim, his brother and his aunty for twice with intention to harass them. Later one BSF personal snatched two mobiles of the victim and his brother, declared them as Bangladeshi and took them to the BSF camp office. Subsequently the victim was inhumanly beaten by the BSF personal without any reason inside the said camp. The aunty of the victim was also physical assaulted by the BSF personal while she tried to save her nephew. Later the victim lodged a written complaint before the Officer-in-Charge of Jalangi Police Station, but the police personnel registered his complaint by making only one General Diary Entry instead of lodging a First Information Report. In this regard, I want to mention that the police personnel of Jalangi Police Station clearly violate the judgement of Supreme Court in the case of Lalita Kumari vs. Govt. of U.P. & Ors vide WRIT PETITION (CRIMINAL) NO. 68 OF 2008 where the Supreme Court clearly defined that-

  • Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

 

  • The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.

 

  • If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.

 

On 12.11.2013, the victim lodged a written application before the Block Development Officer (B.D.O.), Sahebrampur, Murshidabad informing the whole incident of physical by the BSF personnel.

 

Hence we seek your urgent intervention regarding the following matters: –

  • The whole incident must be investigated by the Commission’s own investigating wing.
  • The accused BSF personnel must be booked under law and punished accordingly for their alleged criminal acts.
  • The ineffective role of police personnel of Islampur Police Station must be investigated and they should be punished as the violation of Supreme Court’s judgement in the case of Lalita Kumari vs. Govt. of U.P. & Ors videsWRIT PETITION (CRIMINAL) NO. 68 OF 2008
  • The victim should be compensated and provided adequate protection so that they do not come under any threats or inducement.

 

Thanking You

Yours truly

 

 

 

Kirity Roy

Secretary, MASUM &

National Convener, PACTI

 

 

Name of the victim: – 1) Mr. Suman Mondal, son of- Mr. Sushanta Mondal, aged about- 20 years, by faith- Hindu, by community- Schedule Caste, residing at Village- Parashpur, Post Office- Dakshin Parashpur, Police Station- Jalangi, District- Murshidabad, West Bengal, India.

 

Name of the perpetrators: – 1) Mr. Sailendra Singh (Constable of 91 Battalion of ‘E’- Company of Dayarampur BSF BOP Camp); 2) Mr. Rajendra Agarwal (D.I.B of 91 Battalion of ‘E’- Company of Dayarampur BSF BOP Camp) under Murshidabad district; 3) The Commander of Dayarampur B.O.P. 91 BN BSF and 4) The Officer-in-Charge of Jalangi P.S.

 

Date and time of incident: – On 10.11.2013 at 9.00 am to 10 am

 

Place of occurrence: – Inside Dayarampur BSF BOP Camp.

 

Case details: –

 

It is revealed during fact finding that the victim and his family members lost their all belongings in incessant erosion caused by river Padma in the year of 2005 and later they started to live at Dayaram village under Murshudabad district. The victim is a student of B.A (1st year) of Karimpur Pannadevi Collage. Fishery is the only source of income of Mr. Sushanta Mondal; the father of the victim. The victim is living with his two sisters namely Ms. Sampa Mondal, aged about 22 years, Ms. Soma Mondal, aged about 15 years, grandmother named Ms. Surbala Mondal, aged about 75 years and his parents.

 

On 10.11.2013 at morning, Ms. Umarani Mondal; the aunty of the victim came to his house and on the same day at 9 am, Ms. Umarani Mondal went to her house at Dayarampur village with the victim and Mr. Sambhu Mondal; the cousin of the victim. At that time, suddenly the on duty BSF personal Mr. Sailendra Singh restrained them on their way while they were passing before the main gate of Dayarampur BSF BOP Camp. The BSF personal snatched victim’s cap and asked their whereabouts. The said BSF personal afterwards released them to go. Suddenly the said BSF personal called Mr. Rajendra Agarwal who was in the said camp while they left that place. Mr. Rajendra Agarwal rashly came to that place and ordered them to returned back before the main gate of the said camp again. Then Mr. Rajendra Agarwal asked their whereabouts and details. The perpetrator BSF personal later forcibly snatched two mobiles from the possession of the victim and his brother after declaring them as Bangladeshi. The BSF personal caught the collar of the victim’s shirt and started to slap him on his face without disclosing any reason and took them to their camp. The BSF personal brutally assaulted Mr. Suman by his wooden stick inside the said camp. Mr. Suman was seriously injured. Ms. Umarani Mondal was also assaulted by the same BSF personal while she tried save her nephew; the victim. The said BSF personal subsequently ordered them to disclose their own voter cards. The victim requested the said BSF personal to take his voter card from his house. The involved BSF personal gave an opportunity to the victim to take his voter card from his house after restraining his aunty and brother inside the said camp as zimma and ordered him to return back to the said camp as soon as possible. The victim afterwards came to the said camp with his voter card, ration card and other essential documents of his college to the said BSF personal and the BSF personal afterwards released them on the same day at 10 am, after one hour.

 

On the same day, the victim lodged a written application before the Officer-in-Charge of Jalangi Police Station informing the whole incident of restraining, detention, humiliation and physical torture by the perpetrator BSF personnel. But the said police personnel registered his application as General Diary Entry No. 526/2013 dated 10.11.2013 instead of lodging a First Information Report.

 

On 12.11.2013, the victim lodged a written application before the Block Development Officer (B.D.O.), Sahebrampur, Murshidabad informing the whole incident of physical torture by the BSF personnel.

 

On 13.11.2013, the victim was medically treated at Sadikhandier Rural Hospital, Jalangi and the medical officer prescribed that he was injured due to the physical assault.

Our team talked with several witnesses who corroborated the incident.

 

    Injury report 
 
   Written complaint 


Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place

 

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