17 September 2014
National Human Rights Commission
Manav Adhikar Bhawan,
Block-C, GPO Complex, INA
New Delhi – 110023
I lodge this present complaint where the victims are members of the same family and they belong to Indigenous community. They reside near Indo-Bangladesh border under Hili Police Station, District-Dakhin Dinajpur, West Bengal. Our attached fact finding report gives details of the incident where the victims were brutally tortured in the hands of the perpetrator BSF personnel inside their residence on 3.7.2014 at 2am and subsequent thereafter. Not only that they also physically assaulted and outraged the modesty of the two female victims and also committed mischief in the residence of the victims. The BSF personnel forcibly took Mr. Surajit Hansda and his father Mr. Ganesh Hansda to BSF camp and again subjected them to torture by illegally detaining them. Later they were handed over to Hili Police Station where they implicated in a criminal case which resulted in long detention in jail.
On 4.7.2014 the wife of Mr. Ganesh Hansda submitted written complaint against the perpetrator BSF personnel at Hili Police Station which was duly received by the police. But the said complaint was not registered. The complaint disclosed information of commission of cognizable offences by the perpetrator BSF personnel but not treating the said complaint as First Information Report, the police violated its mandatory duty in view of the guidelines issued by the Apex Court in the judgment i.e. AIR2014SC187.
We seek your urgent intervention in this present complaint on following demands:-
· One neutral investigation into the matter by one neutral investigation agency.
· The complaint of the wife of Mr. Ganesh Hansda submitted at Hili Police Station on 4.7.2014 must forthwith be treated as First Information Report and immediate legal action against the perpetrator BSF personnel.
· The perpetrator BSF personnel must be booked under the relevant charges under the Indian Penal Code and also under the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989
· The Officer-in-Charge of Hili Police Station must also be booked under the law and be punished accordingly for non-compliance of lawful duty.
· The victims must be provided with adequate protection and compensation.
National Convener, PACTI
Particulars of the victims: - (1) Mr. Ganesh Hansda, son of Late Kalu Hansda, aged about-47 years; (2) Mr. Surajit Hansda, son of Mr. Ganesh Hansda, aged about-20 years; (3) The wife and daughter of Mr. Ganesh Hansda, all belong to Schedule Tribe Community, residing at village-Gayeshpur, Police Station-Hili, District-Dakhin Dinajpur, West Bengal, India.
Particulars of the perpetrators: - (1) The BSF Company Commander of Gayeshpur Ten Camp, Battalion-75 under Mathurapur BSF Camp with 11/12 BSF Jawans, Police Station-Hili, District- Dakhin Dinajpur; (2) The Officer-in-Charge of Hili Police Station.
Date & time of the incident:- On3.7.2014 at 2am and subsequent thereafter.
Place of the incident:- Inside the house of the victims.
Fact Finding Details:-
It is revealed during the fact finding that the victims belong to Scheduled Tribes community and they reside near Indo-Bangladesh border area under Hili Police Station. On 3.7.2014 at 2am the victim Mr. Surajit Hansda came out of his house on nature call. At that time the perpetrator BSF personnel threw torch light upon him. He was taken aback and he hurriedly went into his house out of fear. But the BSF personnel forcibly entered into his house by braking open the door and started assaulting him physically by wooden sticks. Immediately hearing the shouting of Mr. Surajit Hansda, his father Mr. Ganesh Hansda came and tried to save Mr. Surajit Hansda, but Mr. Ganesh Hansda was also assaulted by the BSF personnel by fists and blows. The perpetrator BSF personnel also committed mischief in the house by scattering the paddy and rice stocks, clothes and other valuable articles on the ground. They also pounced upon the wife of Ganesh Hansda who is aged about 42 years and their daughter who is aged about 16 years. The said two female members were physically assaulted and their modesty was outraged by the BSF personnel. Then the said BSF personnel forcibly dragged Mr. Surajit Hansda and his father Mr. Ganesh Hansda to Gayeshpur BSF BOP Camp while beating them mercilessly. They were physically tortured in the said camp until 1 pm thereby detaining them illegally and after that they were handed over to the police of Hili Police Station. On the next day they were sent to Balurghat Court by the police after implicating them in a criminal case i.e. Hili Police Station Case no. 132/2014 under section 379/411 of IPC. They were sent to judicial custody for detention.
On 7.7.2014 our fact finding team getting information of the incident went to Balurghat District Correctional Home and met with Mr. Surajit Hansda and his father and came to know the above incident from their mouth in details. On 19.7.2014 they were released on bail from custody. They are still under medical treatment.
On 4.7.2014 the wife of Mr. Ganesh Hansda lodged written complaint before the Officer-in-Charge of Hili Police Station informing the details of the incident of torture committed by the perpetrator BSF personnel. But in spite of the receipt of the said complaint the police did not register the complaint till date. She again submitted written complaint before the Superintendent of Police, Dakhin Dinajpur and the District Magistrate, Dakhin Dinajpur informing the details of the incident and demanded proper legal action against the accused BSF personnel. But till date there was no response on her complaints. The victims stated that there are several local people who witnessed the incident and they claimed that Mr. Surajit Hansda and his father Mr. Ganesh Hansda were falsely implicated in the criminal case. The incident of torture by the perpetrator BSF personnel has been reported on 5.7.2014 in a daily news paper namely "Uttar Banga". Our fact finding team contacted with Hili Police Station on 30.7.2014 and the on-duty police officer stated that investigation was going on into the matter.
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
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