Dear friends,
The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights organisation in West Bengal, India, regarding the case of death of a man by the Border Security Force (BSF) on 10 December 2007. The officer reportedly threatened the victim’s family not to lodge any complaints. Meanwhile, the officer filed a case against the deceased.
CASE DETAILS:
Mr. Bishnupada Roy, aged 32-years, was murdered between 9pm and 9:30pm on 10 December 2007, while on the way to a meeting with his friend. He was a resident of Angrail Uttar Colony village, Post Office Angrail, under the jurisdiction of Gaighata Police Station in 24 Parganas (North) district of West Bengal. After arriving home in the evening, Bishnupada said that he had some work with his friend, and went out.
He promised Ms. Kakoli (his wife) that he would be back soon. After a few minutes Kakoli heard a gunshot. But she did not go outside because the village is under the control of the BSF and she was afraid of the BSF. Mr. Mihir Roy (the victim’s brother-in-law) was with Kakoli in her house at the time. They were worried about Bishnupada, who did not come back.
On 11 December 2007 morning, the family received information though a village boy that Bishnupada was killed by the BSF the previous night. The postmortem examination of Bishnupada was done by Dr. J. R. Dhar of the S. D. Hospital. Soon the Gaighata police registered a case reporting the death of Bishnupada (case number 83 dated 11 December 2007). Mr. Aurobindo Ghosh, Sub-Inspector, examined the body and completed the formalities for the post mortem.
On that same day a First Information Report (FIR) was lodged against Bishnupada in the Gaighata police station by an officer of the BSF. This case is registered as case number 434, dated 11 December 2007, under Sections 186 (voluntarily obstructing a public servant from discharging his public functions) ; 353 (assault or use of criminal force by a person against a public servant to prevent him from discharging his functions) and 307 (acts committed with an intention to kill) of Indian Penal Code, 1860.
According to the BSF, Bishnupada was shot dead when he tried to attack a BSF constable Mr. Narayan Khatry. The BSF claims that Narayan stopped Bishnupada at Ramnagar road when the victim reportedly attacked the constable. The BSF further claims that the constable fired at Bishnupada which killed Bishnupada on the spot.
It is reported that on 30 December, Mr. Mihir Roy was threatened by an officer of the BSF. He was warned not to lodge any complaints regarding the case. The officer offered money as compensation during mediation talks with Dr. Dulal Sarkar of Jeevandeep Nursing Home, Bongaon. Later the officer gave a cheque for the amount of Rupees 50,000 (USD 1,252) and Rupees 10,000 (USD 250) in cash asking Mihir to keep silent.
ADDITIONAL COMMENTS:
In the past 12 months the AHRC has reported more than 10 cases of a similar nature, in which the BSF was reported of committing extrajudicial killings against civilians. The BSF is intended for the protection of citizens of India, but in the place of protecting them, the BSF is involved in the rape and murder of innocent people. Not a single perpetrator has been punished thus far in any of these cases through a transparent procedure, where an impartial investigation is conducted and the victims received adequate reparation or the perpetrator adequately punished.
Please also see other recent cases: AHRC-UAC-060-2008, AHRC-UAC-046-2008 and AHRC-UAC-003-2008.
SUGGESTED ACTION:
Please write letters to the authorities mentioned below expressing concern over the case and demanding an impartial investigation into this case without delay. Actions must be taken against the BSF officers accused of the crime in this case.
The AHRC is also writing to the UN Special Rapporteur on extrajudicial and arbitrary execution calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: One more person killed by Border Security Force (BSF) in West Bengal
Name of victim: Mr. Bishnupada Roy (deceased) aged about-32years, son of late Mr. Surendra Nath Roy, residing at Angrail Uttar Colony, Angrail, Gaighata, 24 Parganas (North) district, West Bengal
Name of alleged perpetrator: Mr. Narayan Khatry, a constable attached to the Border Security Force stationed at Angrail, under the jurisdiction of Gaighata Police Station, North 24 Parganas district, West Bengal
Place of incident: Ramnagar Road, 24 Parganas (North) district, West Bengal
Date and time of Incident: 10 December 2007, between 9pm and 9:30pm
I am writing to express my concern about the case of Mr. Bishnupada Roy, who was reportedly killed by an officer of Border Security Force (BSF) on 10 December 2007.
I am informed that the accused officer is stationed at Border Security Force in Angrail within the jurisdiction of Gaighata Police Station, in 24 Parganas (North) district, West Bengal state. I am informed that the accused officer, on 10 December 2007, shot Bishnupada Roy when he was going to meet with his friend. After killing him, the BSF officer declared that Bishnupada was shot at when he attacked him.
I am informed that a First Information Report (FIR) was lodged at the Gaighata Police Station as case number 434 dated 11 December 2007, under Sections 186, 353 and 307 of the Indian Penal Code, 1860. I am also informed that the police has registered a case of unnatural death reporting Bishnupada’s death as case number 83, dated 11 December 2007.
It is also reported that officers gave a cheque of Rupees 50,000 (USD 1,252) in addition to 10,000 (USD 250) in cash to Bishnupada’s family asking them to keep quiet. I am also informed that the BSF officers threatened the deceased’s brother-in-law, Mr. Mihir Roy, in order to stop him from filing a complaint in this case.
I wish to express my concern for the lack of action that the government of India and the government of West Bengal have shown in this case and also in other reported cases of rights violation committed by the BSF in West Bengal. I request you to take all necessary actions to ensure that an independent investigation is ordered into this case and that if the investigation reveals a case of murder, the BSF constable named above is tried for murder and is punished in accordance with the law.
I further urge you to ensure that family of the victim is provided all necessary protection during the investigation of the case and that the BSF is asked to pay compensation to the victim’s family.
I am informed that, in the past, the Asian Human Rights Commission (AHRC) has brought to the notice of the Indian authorities several cases involving BSF officers, against which no action has been taken so far. In this regard, I finally request the Government of India to take genuine action to stop continuous and serious human rights abuses committed by the BSF, particularly in West Bengal.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. A. K. Anthony
Minister of Defense
104, South Block
New Delhi
INDIA
Fax: + 91 11 23015403
E-mail: ak.antony@sansad.nic.in
2. Director General
Border Security Force
Block No. 10, CGO Complex
Lodhi Road
New Delhi 3
INDIA
Fax: +91 11 24360016
E-mail: bsfhq@hub.nic.in
3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writers’ Buildings
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480 / 2214 1341
E-mail: cm@wb.gov.in or prsecycm@wb.nic.in
4. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
5. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 2214 4328
E-mail: cs@wb.nic.in
6. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
E-mail: sechome@wb.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
