INDIA: Human rights activist and a victim threatened by police for complaining about a brutal assault by the Border Security Force in West Bengal 

INDIA: Inhuman and cruel assault; threat; intimidation; corruption; impunity; failure of criminal justice system
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, its local partner in West Bengal, regarding the brutal assault of a poor labourer by the Border Security force (BSF). It is also alleged that when the victim tried to lodge a complaint at the local police station, the Officer in Charge intimidated the victim by using foul language and throwing away the complaint and refusing to register a complaint. It is also alleged that a local human rights activist associated with MASUM, Mr. Gopen Sharma, who was helping the victim, was also insulted by the police.

CASE DETAILS:

On 10 November 2006 Mr. Mohammad Sayab Ali Mondal, an agricultural labourer, was going to his property to attend to his crops in Murshidabad District, West Bengal, India. While he was approaching his property he witnessed some officials from the Border security Force – ‘C’ Company of Battalion Number 90, posted at Out Post No. 6 unloading some goods from a vehicle. Without any reason the officers approached Sayab and started beating him with bamboo sticks. Sayab suffered serious injuries in the assault and soon became unconscious. The BSF officers left him to die and quit the place. An alleged reason why the BSF officers assaulted him was because they were dealing with smuggled goods to be taken to or brought in from Bangladesh.

Once Sayab gained consciousness he managed to get to the nearby hospital at Sagarpara where he received treatment for his injuries. An X-Ray revealed that he had suffered compound fractures on his wrist.

On November 15, Sayab visited the Jalangi police station to lodge a complaint. The complaint was prepared by Mr. Gopan Sharma, a local human rights activist associated with MASUM. However, the Officer-in-Charge of the Jalangi police station, Mr. Somnath Banerjee, insulted and intimidated them and threw away the written complaint. The officer said that he cannot entertain any complaints against the BSF. The officer also shouted at Sayab saying that it is better not to do anything after hearing advices from human rights activists and also said that these activists are creating problem in the locality by taking up issues against the police, BSF and other government agents.

Dejected by the attitude of the local police, but determined to act, Sayab with the help of Gopen contacted the Additional Superintendent of Police (ASP) of Murshidabad district, West Bengal. On receipt of the complaint the ASP directed the Jalangi police to accept the complaint without any further delay. However, the OC still refused to accept Sayab’s complaint.

According to the latest information, the Jalangi police is harassing Sayab because he has involved human rights activists to help him in his case. The police have also threatened Gopen that he would face serious consequences if he continued with his work.

There are further allegations about the Jalangi police of not arresting the murderers of Mintu Siek who was allegedly killed by cross-border smugglers on 12 March 2003, in spite of an order from the court. It is alleged that the police is refusing to arrest the criminals since they are paid off by the smugglers.

ADDITIONAL COMMENTS:

Sayab’s case is not the first case which the AHRC has been informed that depicts a clear nexus between the smugglers, local police and the BSF. In the past the AHRC has issued a series of urgent appeals calling for immediate intervention to curb the violence perpetuated by the BSF against the local villagers. In all these cases the facts suggest that the violence against the local villagers had a direct connection with the BSF handling smuggled goods. For further details please see UA-79-2005, UA-217-2005, UA-174-2006, UA-184-2006, UA-244-2006, UP-156-2006, UA-272-2006 and UP-192-2006.

Cross border smuggling is rampant along the Indo-Bangladesh border. The BSF, a para-military wing, is posted along the border to prevent infiltration, smuggling and illegal cross-border activities. Being a para-military unit, the BSF enjoys absolute command over operational issues over the local police in the areas where they are deployed. The domestic legislation provides certain impunities to the officers for their acts done during an operation. However, the offences committed by the BSF officers like smuggling and beating up of people are not covered under this law. The local police have every legal right and duty to take actions against these officers.
The first step in such an action is to register a First Information Report and also to report the matter to the Commanding Officer of the Battalion. The police must also investigate and file the charge sheet at the local court which entertains jurisdiction over the case. However, may police officers, the officers from Jalangi police station in particular, fails to initiate any action against the BSF and the local people allege that this is because they receive kickbacks from the BSF for not registering cases against the BSF officers.

Murshidabad district of West Bengal is one of the poorest in West Bengal. Natural calamities like massive erosion of land by the river Padma and lack of other alternatives to find job for the predominantly agricultural community has resulted in several deaths from acute starvation in the district. The government of India has provided various schemes to distribute free and subsidised food among the poor regions in the country and Murshidabad is one among them. However, owing to corruption in the distribution and lack of police action has resulted in these food grains being smuggled across the border to Bangladesh. The local people to whom these food grains are supposed to be distributed free and at subsidised rates are but forced to work as smugglers to smuggle food grains across the border to Bangladesh for pittance. This complete irony of the situation and fate is controlled by a few local police officers. The officers at the Jalangi police station are notorious for this.

A functioning criminal justice system is the primary requisite for establishing rule of law and policing is the backbone of the criminal justice system. No rights whether it is civil and political or economic, social and cultural would find meaning without a properly functioning criminal justice mechanism. While the superior courts in India and the government of India itself boasts about the luminous judgments rendered by the Apex Court of the country, in many rural villages in India none of these judgments nor any law are enforced even to the bare minimum. India is a country where 71% of its 1.2 billion population resides in villages. It simply means that for an alarming section of India’s 852 million rural population rule of law and governance makes no sense.

SUGGESTED ACTION:
Please write to the authorities listed below to express your concern about this case. We urge you to write to these authorities asking them to intervene in this case, to ensure that a complaint is registered at the Jalangi police station and the BSF officers responsible for beating up the victim in this case is brought to justice. The AHRC is also writing to Ms Hina Jilani, the Special Representative of the United Nations Secretary General on the situation of human rights defenders, asking for an intervention into this case.

 

 

 

 

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