[Attachment(s) from Kirity Roy included below]
The Chairperson
National Commission for Protection of Child Rights
5th Block, Chanderlok Building
36, Janpath
New Delhi - 110001
7th October 2009
Honourable Madam,
We conducted a fact finding over a fake encounter death of a minor Muslim boy named Noor Hossain, aged about 17 years. We have information that though he came off an extreme poor family, the names of the family were not in the BPL list and which drive him to indulge in smuggling activities. According to his family members on 01/09/2009 at 10.30 p.m. he went to attend natures call on the banks of River Padma.
Some BSF jawans present there alleged him as a smuggler and started battering him mercilessly. The boy was groaning and tried his best to convince the present BSF jawans and pleaded for his life. But they did not pay any heed to his prayer and continued their ruthless act. As a result the boy was profusely bled and felled down on the ground. The eyewitnesses reported that the boy died on the spot. As alleged that after his death the BSF personnel fired 2 rounds of bullets on his corpse. One bullet hit the left rib of his body. Next day on 02/09/2009 in the morning, police from Lalgola Police Station recovered the body and sent it to Lalbagh Sub Divisional Hospital for post mortem examination. During this time no doctor was called by anybody to ascertain his death and impart medical treatment. This barbaric incident took place in a village located near Indo-Bangladesh Border in the district of Murshidabad.
Few villagers witnessed the whole incident. They also saw that those BSF kept 6 hensos (a very common tool for farming; commonly found to every farmers), 6 sticks and 2 cows on the spot beside the dead body so that apparently it seems like a cow smuggling case and Company Commandant of DMC, BSF, BOP, 105 Battalion, BSF 'E' Company Mr. P. Bodhra lodged a complaint against the victim; Noor Hosain to the said police station and some associated people on 02/09/2009. On the basis of this complaint a case was initiated against deceased victim at Lalgola police station vide Case No: 499/09 Dated 02/09/2009 u/s 147/149/353/186/307.
But ironically no case has been started against the BSF jawans. In addition to that, Mr. Dulal Biswas, the Officer in Charge of the Lalgola Police station inhumanely behaved with the victim family.
The right to life of the victim has been grossly violated by BSF as guaranteed under Art.21 of the Indian Constitution. Our attached fact finding report gives more details of this gory incident.
Hence we seek your urgent intervention regarding this matter in the following manner:-
§ The allegations of the killing by the Border Security Force (B.S.F.) of a minor boy must be investigated by an independent body, neither by BSF nor Lalgola.
§ The criminal case under section 302/34 of Indian Penal Code for murder should be initiated against the accused BSF jawans at local police station and must be investigated impartially in absence of any undue interference and influence by the accused persons and the accused must be arrested forthwith.
§ To stop the illegal practice of the police and the BSF, so that they are not authorized to declare a person as "dead".
§ To instruct the police force and the BSF force; so that their primary duty would be to send the victim of firing to the nearest medical practitioner for treatment, not to keep the body unattended for hours inhumanly.
§ The accused BSF jawans must also be booked under sections 24(a), 28, 34, 35, & 46 of BSF Act and punished accordingly.
§ A judicial magistrate enquiry should be held under section 176(1-A) of Criminal Procedure Code without further delay; the deceased died while in BSF custody.
§ Action must be taken in compliance of the guidelines issued by NHRC in case of encounter death as the perpetrator BSF alleged that the victim was killed in an encounter.
§ The victim's family members must be given adequate compensation and protection.
Thanking you,
Yours sincerely
Kirity Roy
Secretary of Masum &
National Conconvenor (PACTI)
Programme Against Custodial Torture & Impunity
Name of victim: Mr Noor Hossain (17 yrs), son of Mr. Jerman Sekh, resident of Village: Brahmaottar,
Post Office: K.D. Para, Police Station: Lalgola, District: Murshidabad, West Bengal.
Occupation of The victim: Assistant of a mason.
Name of perpetrators: BSF Jawans of outpost no. 5 and 6 (DMC BSF BOP under
Lalgola Police Station).
Place of incident: NAKA OP-5 of DMC BSF BOP.
Date and time of incident: 01/09/2009 at 10.53 pm.
Details of the incident:
Masum conducted a fact finding over an encounter death of a 17 years old minor Muslim boy named Master Noor Hossain. He came off a very poor family but the names of the family are not in the BPL (Bellow Poverty Level) list, while Gram Panchayat (village authority) certified that his family income is only Rs.10000 per annum [photo copy of the certificate attached with this report].
His family-men informed our fact finding team that they are so poor that they have no privy of their own; so on 01/09/2009 around 10.30 pm he went to attend natures call, on the bank of River Padma. Some BSF Jawans, attached with outpost no. 5 and 6 DMC BSF BOP, presented there alleged him as smuggler and started beating him without any provocation. Noor started shouting in pain. Hearing the painful groaning few persons named Mr. Mustafa Sekh son of Mr. Gajuda Sekh, Mr. Mukul Sekh son of Mr. Dabiruddin Sekh, Israil Seikh son of Sahidur Rahaman, Sabirun Islam son of Arshad Seikh of the same area came out from their home and they witnessed that those BSF jawans are beating him mercilessly with heavy sticks and butts of their gun. They also saw that he was trying to convince the BSF jawans and was pleading for his life but they did not pay any heed to his prayer. Noor was heavily injured and he was profusely bleeding. He fell down on the ground senseless. According to the eye witnesses he breathed his last on the spot. It made the BSF jawans panicky and they fired 2 rounds of bullets. One round of bullets hit the left rib of the dead body. To fabricate the case the post commander of DMC BSF BOP kept 6 hensos (a very common tool for farming land), 6 sticks and 2 cows on the spot beside the dead body so that apparently it seems like a cow smuggling case. In spite of the eyewitness there are also some people who confirmed that victim Noor Hossain was caught red handed while smuggling cows and was killed by the BSF personnel.
On 02/09/2009 at morning police personnel of Lalgola police station rescue the body from the place of the incident and took the body along with 2 hensos (while BSF kept 6 hensos at the spot) and 2 cows to the police station. Within this time span no doctor was called either by BSF or by Police. Then police sent the body to the Lalbagh Sub Divisional Hospital for post mortem. The post mortem of the body was done on 02/09/2009.
On 05/09/2009 Mr. Jerman Sekh, father of victim and victim's brother Mr. Selim Sekh along with one personnel from MASUM went to the police station to lodge complaint. There the GDE officer Mr. Mr. Kanun Mondal read the report thoroughly and returned the report to Selim Sekh and told that he could not take any step against BSF without the order of OC Mr. Dulal Biswas, who was not in the police station that time. So they have to wait till he returns. For this reason on 05/09/2009 monitoring team of MASUM and victim's family members waited from 05.30 pm to 07.30 pm. At 07.30 pm they went inside the OC's chamber and handed the report to Mr. Dulal Biswas. He read the whole report and rebuked them. He also told that their son had been killed by the BSF jawans while smuggling for good. So BSF jawans have done the right thing. It was very disappointing to them.
On 17/09/2009, a member of MASUM's fact finding team asked Mr. Dulal Biswas, the Officer in Charge (OC) of Lalgola police station, over phone about the case. He was told that company commandant of DMC BSF BOP 105 BN BSF 'E' Company Mr. P. Bodhra reported against victim Noor Hosain and some associated people on 02/09/2009. On the basis of this report a case was filed against victim at Lalgola police station Case No: 499/09 Dated 02/09/2009 u/s 147/149/353/186/307 and the investigating officer (I.O.) of the case is Md. A. Kasim. He also told that no complaint has been lodged by the victim's family. Then the member of MASUM's fact finding team told him that he has confirmed information that on 05/09/2009 victim's brother Mr. Selim Sekh lodged a complaint. Then OC Mr. Dulal Biswas told that he was not present in the police station from 05/09/2009 to 07/09/2009. He assured that if any complaint has been lodged to some other police personnel then he will definitely intervene on it.
The above story speaks clearly that the ugly nexus between police and BSF has least care to the rule of law. As a result the common men are being deprived from their rights and are kept away from the justice.
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
Attachment(s) from Kirity Roy
1 of 1 File(s)
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