27th August 2012
The Honourable Chairperson
National Human Rights Commission
New Delhi – 1
We want to lodge this present complaint where the perpetrator BSF jawans allegedly tried to kill one Indian civilian namely Mr. Safed Sardar of Gobindapur village from District-North 24 Parganas, West Bengal by firing which eventually hit at the thigh of the victim. Our fact finding revealed that cattle smuggling is a regular event at the border of Indo Bangladesh and the perpetrator BSF personnel often firing at them openly. The victim was admitted at R. G. Kar Medical College & Hospital, Kolkata where all expenses were borne by the victim family itself. According to the victim and eye-witnesses, he was subjected to merciless torture for no reason at all; understandingly no law in this country permit man in uniform to assault a civilian for any reason or no reason. Our attached fact finding report gives details of the incident. The Superintendent of Police, Barasat, District- North 24 Parganas till date, not taken any appropriate action on the written complaint filed by the wife of the victim against the perpetrator BSF jawans.
Hence we seek your urgent intervention in this matter in the following manner:-
v The whole matter must be investigated by a neutral investigating agency appointed by the Commission.
v BSF personnel posted at West Bengal – Bangladesh border area resorting firing from lethal weapon though same was in self- constraint as decided by the high command of BSF
v The written complaint lodged by the victim before the Superintendent of Police, Barasat, District- North 24 Parganas on 24.7.2012, must be treated as First Information Report under section 154 of Criminal Procedure Code.
v Cost of treatment of a person while in custody, should be borne by the State; in this case the victim should be financially compensated for his medical expenses.
v The victim must be compensated adequately from the coffer of the BSF
v The victim and the eye-witnesses must be protected and their security should be guaranteed
National Convener, PACTI
Name of the Victim: – Mr. Safed Sardar (28 years) son of Mr. Joynal Sardar , by faith – Muslim, BPL enlisted family, by occupation- daily labourer from the Village – Gobindapur , Post Office:- Gobindapur, Police Station:- Swarupnagar, District:- North 24 Parganas, West Bengal, India
Name of the Perpetrator(s): One BSF officer namely Mr. Kajol of ‘G’ company of Battalion no. 152 and other jawans in uniform attached to BOP Gobindapur under the Police Station of Swarupnagar, District North 24 Parganas
Place of incident: Near the Border area at Gobindapur, Police Station of Swarupnagar, District North 24 Parganas
Date & time of the incident: – On 20th July 2012, around 1.30 pm to 2.00 pm at noon
Case Details: – Safed Sardar (28 years) son of Mr. Joynal Sardar lived permanently in Gobindapur village with his wife and two minor children, one is of 2years and another is 1year old. The victim owned a small land and for earning he has to depend on daily labour on others agricultural filed. The economic condition of the victim is very poor and his family is enlisted in Below Poverty Level family in their village. He also involved himself as rattler in cow smuggling to Bangladesh when he did not get any job to maintain his family.
On 20th July 2012, Friday at around 1.30 to 2.00pm Safed Sardar went to check the growing crops at the farming land where he was working as daily labour. This agricultural field situated at the adjacent of border area of Indo-Bangladesh. At that time, some Bangladeshi cattle smugglers were secretly smuggling cattle to Bangladesh through this border area. It was also revealed from our own fact finding that Mr. Safed was also involved with the smugglers as rattler. When BSF jawans of Gobindapur BOP noticed their movement, then without alarming anyone the BSF jawans along with one officer namely Kajol of ‘G’ Branch of 152 no. Battalion started indiscriminate firing towards them. A bullet fired by the BSF was entered in the right thigh of the victim and exited through the back of that thigh and he became senseless. Around 3.00pm the victim was brought to Sanrapool Primary Health Centre by some people who were working at that time in the nearby field along with BSF jawans. The bullet injury at the thigh of the victim looked like a big hole (exit wound) and huge blood came out from the wound. When in the primary health centre the bleeding of the victim could not controlled, he was shifted to Sub Division Hospital, Basirhat at 4.00pm in the afternoon by the attending doctors by an ambulance. But in the Sub Division Hospital also, the condition of the victim was not improving. So the attending Medical Officer at around 8.30pm at night transferred the victim to R. G. Kar Medical College & Hospital, Kolkata and for noticing his condition the doctor of R. G. Kar Medical College and Hospital immediately took him to operation theatre for surgery on his thigh.
After surgery the victim was shifted to ICU. He was given blood for his poor health condition. Expenses of the victim’s treatment were borne by the family of the victim. All the relevant documents of his treatment were kept by the BSF officers present there. BSF officers also made frequent visits to
the hospital. It was really becoming hard for the wife of the victim to accumulate money for the treatment as well as to manage the family expenses. Victim’s family has to purchase all necessary medicines, equipments requisitioned by the doctors. Though the doctor of the hospital gave release order to the victim but BSF did not give the permission and so the victim was kept at the hospital under surveillance and restraint of the BSF officers. On next day; 21.07.12, BSF submitted one complaint before Swarupnagar Police Station which was registered as FIR at Police Station vide Swarupnagar PS case no. 359 / 2012 dated 21 July 2012 under Sections 147 / 148 / 149 / 186 / 188 / 353 / 333 / 307 / 413 / 414 of Indian Penal Code where BSF have admitted about the firing and the bullet injury of the victim.
On 3rd August 2012, the victim Mr. Safed Sardar was released by the doctor of R. G. Kar Medical College & Hospital, Kolkata. The family members were duly informed by the police from one mobile number (913325304557) to take back victim to his home. When brother of victim along with Mr. Zamat Sardar reached at R. G. Kar Medical College &Hospital, Kolkata, some BSF personnel (of Kalyani, as informed by them) with arms told them that Safed is in their custody, so they will take him. So the family members returned back without Safed as he was not handed over to his family members by the BSF. At that time Mr. Safed was admitted at Bed no. 25 of Surgical Ward of R. G. Kar Medical College & Hospital, Kolkata. Till date he is lying in captivity at the same hospital. Though, the victim is supposedly in police custody, but no police personnel guarding him rather BSF is doing the job, which is an outright illegal act.
On 24.07.12 Ms. Ruksana Bibi, wife of Mr. Safed Sardar lodged one written complaint before the Superintendent of Police, Barasat, North 24 Parganas over the incident as stated above and in the complaint she sought for appropriate legal action against the perpetrators BSF officers, but till date no action has been taken by the Police.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : email@example.com