From: Kirity Roy <kirityroy@gmail.com>
Date: Tue, Jul 3, 2012 at 4:31 PM
Subject: Killings continued by BSF & police took refuge to illegalities - ultimate impunity
To: NHRC <covdnhrc@nic.in>, chairnhrc@nic.in
Cc: "Member NHRC Mr. Satyabrata Pal" <satyabrata49@hotmail.com>, jrlawnhrc <jrlawnhrc@nic.in>, Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, bsf_hq@bsf.delhi.nic.in, BSF DG <bsf_hq@hub.nic.in>, bsfcal@wb.nic.in, DG BSF <bsfhq@bsf.nic.in>, IG South Bengal BSF <sbftr@bsf.nic.in>, DM Murshidabad <dm.murshidabad@gmail.com>, dm-mur@wb.nic.in
3rd July 2012
To
The Hon'ble Chairman
National Human Rights Commission
Faridkot House
Copernicus House
New Delhi
Respected Sir
I want to draw your attention on an incident of ghastly murder of a 45 years age Muslim man belonging with a family listed under bellow poverty line but not received any support in accordance to the shemes. The deceased, Razzak Seikh alias Babu Seikh, son of Late Kalu Seikh, aged about 45 years, by profession- agrarian labourer and a small time cattle rattler, residing at village- Char Gopalpur, Post- Maricha, Police Station- Islampur, District – Murshidabad was trying to smuggle a pair of cattle to Bangladesh.
He was caught by Border Security Force personnel and brutally tortured and then asked to flee from their custody and while tried the same, he was fired from his back and left to die. Later, his family and others had to bribe one personal from Raninagar police station to receive the body after post mortem examination. While the widow visited the Raninagar and Islampur police stations to lodge complaint both the police stations subsequently refused to register her complain.
I am attaching a detail fact finding report herewith for your easy reference.
In this regard I demand for:-
1. Identification of offending BSF personnel and initiation of criminal cases with appropriate legal provisions against them
2. The identified police officers should be booked in accordance to the specific charges for taking bribe and not registering the complaint of the widow of the deceased
3. Commission should direct the BSF to oblige the international guidelines on Use of Force and Firearms
4. In case of Extra Judicial Killings, the involved BSF must maintain the NHRC guidelines on Encounter Death
5. Protection of witnesses and family members must be guaranteed
6. Appropriate compensation for the victim family must be assured
Sincerely Yours
(Kirity Roy)
Secretary, MASUM
National Convenor, PACTI
Name of the victim: Razzak Seikh alias Babu alias Bhagu Seikh, son of Late Kalu Seikh, aged about 45 years, by profession- agrarian labourer and a small time cattle rattler, residing at village- Char Gopalpur, Post- Maricha, Police Station- Islampur, District – Murshidabad
Name of the perpetrators: a)10-12 Border Security Force (BSF) personnel attached with Out Posts Number- 8 & 9 of Harudanga Mini BSF BOP Camp, Battalion No.95 of BSF, b) Mr. Swarup Biswas; Sub Inspector- Raninagar Police Station, c) Mr. Tuhin Biswas; Officer in Charge- Raninagar Police Station and d) Mr. Tushar Mondal; Sub Inspector- Islampur Police Station
Date and time of the incident: 11.06.12 at about 2.00 am
Place of the incident: Between OP No. 8 and 9 of Char Harudanga BSF- BOP Camp under 95 BSF Battalion
Case Detail
Razzak Seikh was a person with impoverished background; he was sustaining his family by working at other's agrarian field. He owned a small piece of land. Though, he was listed in bellow poverty line (BPL) but not received any support meant for the category. He was a small time rattler and used to smuggle out cattle as courier while in utter financial distress. On 10 June 2012, he was hired by Kader Seikh; son of Mulluk Seikh, Manilala Seikh; son of Late Arej Seikh, Sajarul Seikh; son of Abdul Seikh, all residents of Char Gopalpur under Islampur police station and Raizul Seikh of Char Bansgora under Raninagar police station. At about 5 pm on that day the persons called the deceased from his home. Razzak with his two sons; Saimuddin Seikh and Majrul Seikh agreed with them against Rs. 1000 for every couple of cattle. The said kingpins assured Razzak and his sons that there are no threats from BSF's end. The father with his sons started with other rattlers at around 2.00 am of 11 June 2012 with cattle to smuggle out to Bangladesh. While they were proceeding toward the border the mentioned BSF party started to chase them, Razzak's sons and one of the companion; Haniful Seikh; son of Azizsul Seikh, left the cattle which were in their hands and flee from the scene but Razzak failed. Razzak was caught with cattle. Razzak's sons and Haniful ran for at the said Char (marshland). They were able to hide in hey grasses. They heard the screams of Razzak and by that they understood that Razzak was brutally beaten. Razzak was apologizing and asked the BSF to let him free. The rattlers switched on their torches and found that Razzak was apprehended by the BSF with a couple of cattle and being blindfolded by his own towel and paraded toward the middle of OP nos. 8 & 9. The said BSF personnel were beating him with lathis on their hands. Razzak's knees and elbows were profusely bleeding at the time. The BSF personnel then ordered him to flee from the scene and while Razzak only covered nearly 150-160 feet, the BSF personnel fired at him from their firearm. The bullet pierced through the middle of right hip and right knee and came out from the right thigh, creating a big wound. It came out with a large chunk of fleshes. As reported he was died at the spot but unconfirmed.
On 11 June 2012 at morning, one Babu Seikh; son of Nurul Seikh of Char Gopalpur under Islampur police station informed Razzak's family that a person from Gopalpur had been killed by the BSF. The sons of Razzak were so terrified that though they knew that the deceased was their father, not visited the place of occurrence rather wait till 10 am of that day and visited the Godhanpara Block Primary Health Center with Afroza Bibi; the widow of the deceased and nearly 50- 60 neighbors to identify the body. The family discussed with one Sahajan Seikh, a kingpin of smuggling and also a Panchayet member of the said village and went to receive the body from Raninagar police station at around 2 pm of 11 June 2012 but informed that the body has been sent for post mortem examination to Lalbagh Morgue. On 12 June 2012, the wife of the deceased made a request to Raninagar police station to hand over the body and went to the Lalbagh Morgue with her sons and Kader Seikh, who employed involved them on smuggling but came to know that the dead body had been sent to Bahrampur Morgue as the doctors at Lalbagh Morgue refused to perform post mortem on the body. They finally received the body from Bahrampur Morgue on 12.6.2012.
The inquest over the body has been done by an Executive Magistrate; Mr. Soumen Dutta at the Raninagar police station on 11.6.2012. While our activist wants to know if BSF personnel made any complaint against the deceased, one Sub Inspector; Mr. Swarup Biswas of Raninagar police station refused to impart any information. Later it was revealed that the family and the smuggler; Mr. Kader Seikh; who involved Razzak that day had to pay Rs. 1700 to Mr. Swarup Biswas; Sub Inspector of Raninagar PS for bringing the body to the said morgue. They also paid Rs.700 to the DOM at the morgue and another Rs. 1000 to the said Sub Inspector of Raninagar PS for the required disposal certificate.
On 13.6.2012, Afroza Bibi went to Raninagar PS to made a formal complaint against the errant BSF but the Officer in Charge; Mr. Tuhin Biswas refused to register the same and asked her make the complaint at Islampur PS, while she visited the Islampur PS with her sons for the purpose, the on duty officer; Mr. Tushar Mondal, Sub Inspector, while taking her complaint asked them to come next day saying Officer in Charge can provide the case number. She visited the Islampur PS next day i.e. on 14.6.2012 but this time the said officer almost driven them out of the police station and warned them that if the BSF would come to know they will be finished. After refused by the Islampur and Raninagar Police Stations the widow of the deceased made a written complaint before the Superintendent of Police; Murshidabad on 15.6.2012. Till date, it is not confirmed whether Superintendent of Police, Murshidabad registered that complaint into a FIR and ordered for investigation or not !!
The dead body disposal certificate proved that the Medical Officer while certifying on 12th June 2012, he was not aware of the name of the victim. So police of Raninagar PS and Islampur PS deliberately / carelessly did not mention name of Razzak. Probably it was another strategy of police to squeeze money from victim family.
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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