From: Kirity Roy <kirityroy@gmail.com>
Date: Wed, Jul 4, 2012 at 7:06 PM
Subject: Torture Victim is under continuous threat - follow up
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>, dgp_westbengal@gmail.com, BSF DG <bsf_hq@hub.nic.in>, DG BSF <bsfhq@bsf.nic.in>, IG South Bengal BSF <sbftr@bsf.nic.in>, bsf_hq@bsf.delhi.nic.in, bsfcal@wb.nic.in, DM Murshidabad <dm.murshidabad@gmail.com>, dm-mur@wb.nic.in
4th July 2012
To
The Chairman
National Human Rights Commission
Faidkot House
Copernicus Marg
New Delhi
Updated complaint
Respected Sir
I want to draw your attention on a recent development of threatening and bullying upon the witnesses of incident of torture on Krishna Mondal by Border Security Force personnel. I made complain in this regard before the Commission on 25.04.2012 through email. On 1.6.2012 Krishna Mondal made an application before the Additional Chief Judicial Magistrate of Lalbagh, Murshidabad in accordance to 156 (3) of Criminal Procedure Code. The Asian Human Rights Commission; Hong Kong also circulated an Urgent Appeal on 28th April 2012 in this issue and UN level intervention was made. The synopsis of the happening is as follows. Around 7am on 1 January 2012, Mr Krishna Mondal had been working his farmland when four BSF jawans from BSF Out-Post No. 9 under Harudanga BSF Camp came. The BSF jawans detained him and tied his hands behind his back with a rope without providing a reason for the arrest. They then assaulted the victim with the butts of their rifles, whereupon he fell to the ground. The BSF jawans continued to attack him by kicking him with boot-clad feet. The perpetrators even reportedly removed his clothes and continued to beat him with a slip of bamboo embedded with nails. All the while, the BSF personnel verbally abused the victim.
As a result of the brutal attack, Krishna sustained severe injuries and bled from numerous wounds all over his body. After the BSF personnel left, leaving Krishna almost unconscious, he was carried from the place by the witnesses comprising his brothers, Mr Jairam Mondal, Mr Arjun Mondal, Mr Sanatan Mondal, and their neighbour, Mr Bijoy Mondal. Krishna was immediately treated by a local doctor, Mr Siraj Islam.
The BSF jawans returned and threatened to kill Krishna if he attempted to lodge a complaint at the local police station, but Krishna's neighbours encouraged him to seek legal recourse. The victim's wife, Ms Anita Mondal, sent a written complaint to the Superintendent of Police, Murshidabad, by courier, explaining the entire incident and requesting that appropriate legal action is taken against the perpetrator BSF jawans. To this day, the police and others in the district/state administration have no taken action against the perpetrators. Krishna is still in poor physical condition and unable to resume work. He is unable to arrange for proper medical treatment due to his poor financial condition. He was medically treated at MASUM's monthly medical camp VIC-TREE.
Recently, after the said initiative in ACJM Court- Lalbagh, a Homeguard attached with Raninagar Police Station; Kamal Mondal; son of Jagabandhu Mondal and resident of Harudanga came to Krishna Mondal's dwelling at about 3.00 pm on 30.6.2012. He was without any proper notice but only a piece of paper scribbled with name of Krishna Mondal and two of the witnesses of the case; Bijoy Mondal and Siraj Islam. The notice was without any details of case, investigating officer, dates and place. The said Homeguard told them to visit Raninagar police station on 1.7.2012 at 10.00 am. Krishna Mondal and other witnesses suspicious about the intensions of the police station did not turned up but Siraj Islam, the doctor went to Raninagar police station on the said date and under immense intimidation obtained false statement from him. As Krishna Mondal showed his reluctance to visit police station without a proper notice, the said Homegaurd came at Krishna Mondal's house on 2.7.2012 at about 9.00 am and terrorized him. On the same day; 2.7.2012 at about 12 noon, few personnel attached with DIB of Harudanga BSF Camp came to Krishna Mondal's house and terrorize him and told him to settle the issue with BSF. They even fix a deadline of three days to withdraw the case and made reference about impendent misfortune waiting for Krishna Mondal and witnesses.
On 3.7.2012, the Officer in Charge of Raninagar Police Station made a call to Sirajul Islam's mobile phone and called Krishna Mondal on Sirajul's phone. The Officer in Charge bullied Krishna Mondal by saying 'you are not visiting police station, do you think yourself a Mastan (with informal influence), I will fabricate false cases against you and you will be brought to the police station by the police'.
In this given situation I request your Commission to direct the police higher ups of the district and the BSF to protect the humane interests of the victim and witnesses of the case to uphold the rule of law. If Police wants somebody for interrogation, why they are avoiding to issue written notice to that person?
Sincerely Yours
(Kirity Roy)
Secretary, MASUM
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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