INDIA: Corrupt Border Security Force officers connive with cross border smugglers and murder innocent farmer in Murshidabad district, West Bengal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner, Manabadhikar Suraksha Mancha (Masum), regarding the death of Mr. Abhilash Mondal, who was shot dead by the Border Security Force (BSF) officers stationed at Out Post number 1, Harudanga Camp (136 Battalion of BSF) on 17 April 2006. It is alleged that Abhilash was shot at while running away from the BSF officers after they charged at him for his questioning of their illegal activities which caused damage to his cornfield.

It is reported that on April 17 Abhilash came to know through his brother Jogesh Mondal that a large number of cattle, amounting to roughly one hundred in number, had been gathered in his cornfield. It is reported that the cattle were being smuggled across the India/Bangladesh border.

Coming to know that the cattle were gathered in his field and fearing that they would damage the corn, which they did, Abhilash rushed to the fields with his brother. When they reached the fields they saw the BSF officers and the smugglers arguing. It is alleged that smuggling along the India/Bangladesh border is carried out with the connivance of the BSF officers stationed at the border and it is usual practice for the officers to seize one or two animals, for the sake of the records, and let the other animals and goods pass through. It is alleged that when Abhilash and his brother reached the fields the argument between the BSF officers and the smugglers was about the number of cattle the officers had seized.

Finding that the cattle had damaged his crop, Abhilash protested with the smugglers and the officers about this. The smugglers and the officers responded by beating Abhilash with rifle butts and kicking him. His brother Jogesh managed to escape. Abhilash was seriously injured in the assault. As Abhilash lay injured on the ground, the officers opened fire on him. According to witness testimony thirteen rounds were fired, of which twelve projectiles were recovered from Abhilash’s body. Though the post mortem report is yet to be released, it is said that two projectiles were recovered from Abhilash’s shoulder joint and the rest were found in his abdomen.

Abhilash’s father filed a complaint against the officers alleged to have been involved in the incident at the Raninagar police station on 18 April 2006 against which the police refused to register a case of murder, but registered case number 06/06 as one of unnatural death. The autopsy on Abhilash’s body was carried out at Lalbagh Sub Divisional Hospital and according to the preliminary report the cause of death was certified as one from gun shot injury. Abhilash leaves behind his widow Phool Kumari who is currently pregnant.

On 21 April 2006 Phool Kumari filed a complaint regarding the incident at the office of the Superintendent of Police Murshidabad giving exact details about the incident. However, it is reported that the police are yet to take into custody the officers responsible for the brutal murder and that by all probabilities the officers will not be charged at all. It is also alleged that the witnesses to the incident will soon be put under pressure by the BSF officers with support from the local police.

It is alleged that similar instances are common along the India/Bangladesh border in West Bengal. It is also reported that most of these cases are recorded as cases of persons killed in encounters and no further actions are initiated by the administration or by the government. It is also alleged that witnesses to such incidents, mostly locals, are intimidated and threatened by the BSF officers and anyone who dares to speak out will be murdered, tortured or implicated in false cases with charges of crimes against national security.

Most farmers in the area are poor and hold small to moderate stretches of land along the India/Bangladesh border. In order to engage in farming on these lands the farmers are dependent on the BSF for protection, but at the same time are at their complete mercy and often have to keep silent about any attack upon their rights. Due to this situation, common legal remedies are never sought and this results in the BSF officers enjoying absolute impunity. The local police share the profits of illegal trade with the BSF officers and also further exploit the situation by conniving with them. The local police are also intimidated by the BSF officers since the area is under their command.

The West Bengal state administration show no consideration for the people in the border areas since most of them are, by default, branded as immigrants from Bangladesh, though they are encouraged to cast their votes at the time of elections. This factor is reflected in the acute poverty that exists in the area, particularly in Murshidabad district which has reported more than a dozen cases of starvation.

As of today Phool Kumari is left with nothing other than the memories of her murdered husband and the baby she is carrying. The crop which the family was dependent on is ruined and soon the region will face heavy rains. The family has lost the sole earning member of the family and the state has not paid any compensation to the family for the death. Unless the case is taken up, which will require the intervention of the State as well as the Central Government, there will be no investigation into this matter thereby eliminating all possibilities of the perpetrators being punished.

SUGGESTED ACTION:

Please send a letter to the relevant authorities seeking for an immediate and effective investigation into the incident, and calling for the perpetrators to be prosecuted. The AHRC also calls for a strong stance to be taken against crimes committed by police officers and on investigation and prosecution of such cases.

 

 

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