Dear friends,
The Asian Human Rights Commission (AHRC) has once again received information from Banglar Manabadhikar Suraksha Mancha (MASUM) concerning the case of threats to a human rights defender Mr Kanai Mondal, since he dared to help a victim of torture, Mr Mahadeb Mondal. 
It is reported that the on 30 August 2011, the Camp In-Charge of Char Mourashi Border Security Force (BSF) camp threatened Kanai that they would file fabricated charges against Kanai. This was however not the first time however the BSF had threatened Kanai with fabricated charges and murder. On 13 July, armed BSF officers threatened Kanai with a gun pointed at his head that unless he stops his human rights work in the locality, he would be killed. It is alleged that the BSF threatened Kanai since he was helping to post posters – which urged the ordinary people to stand up for their rights against torture. In yet another case where Kanai had helped a boy who was killed by the BSF, the officers had filed a fabricated case against Kanai at the Raninagar Police Station on 23 July 2008.
CASE NARRATIVE:
Mr Kanai Mondal, son of Lakhindar Mondal of Char Rajanagar village, Char Rajapur post within the jurisdiction of Raninagar Police Station, is an associate of MASUM. Kanai is from the Scheduled Caste (Dalit) community.
On the 30 August 2011, the Officer In-charge of Char Mourashi BSF Camp threatened Kanai that they would file fabricated cases against Kanai should he attempt to till his land. His land (bearing dag number: 12, 13 and 32 under Mauza – Char Katlamari) is along the Indo-Bangladesh border. The area does not have any border fencing and is open, dividing the two countries by the river Padma. The BSF is posted nearly 2-3 kilometres inside the Indian Territory. So those people who have their farmland beyond the BSF outposts, have to obtain regular permission to visit their lands, even though it is within the Indian Territory. Thus every time Kanai visits his land he must come across the BSF officers to seek permission. Kanai was in the process of cultivating lentils in his land, but as a result of the threat he has stopped going to his land.
This is not the first time however that the BSF has threatened Kanai. On 13 July 2011, the BSF who came fully armed in two vehicles, threatened Kanai holding a gun at his head that he would be murdered should he further indulges in human rights activities. It is reported that the threat was because Kanai was posting human rights posters provided by the MASUM – asking the local people to stand up for their rights against torture perpetrated by the BSF – in public places in the village. Coming to know about this, MASUM had filed a complaint at the National Human Rights Commission on the same day.
In the past the BSF made a false accusation against Kanai vide Raninagar Police Station Case No. 152/08 (G.R. No.-820/08) dated 23 July 2008 under Sections 147, 148, 149, 186, 333, 325 and 326 of the Indian Penal Code. This case was registered after the BSF killed a minor boy, Shilajit Mondal, and because Kanai was helping to save the life of the victim.
It is reported that the incident on 30 August was the result of Kanai trying to help Mr Mahadeb Mondal, a farmer like Kanai. Mahadeb is a victim of BSF torture. On 7 May 2011 at about 12 pm the BSF assaulted Mahadeb, while he was working in his farmland. This land is near Char Mourashi BSF Camp. The officers were from BSF Constables from Char Mourashi BSF Camp, Border Out Post under the jurisdiction of Kaharpara BSF Company Head Quarter under Raninagar Police Station, Murshidabad district. The BSF constables had also caused further mischief to Mahadeb’s farmland by looting huge quantity of “Green Potato” (‘Potol’ in Bangla) from his land and snatched away his voter identity card bearing number WB/09105/618206.
Mahadeb along with his father then went to Raninagar Police Station with a written complaint. But the police only recorded the matter in General Diary vide Raninagar Police Station GDE no. 357/2011 dated 7 May 2011. The police did not take any action whatsoever against the accused BSF constables. The victim sustained injuries due to the assault perpetrated by the BSF officers for which he underwent medical treatment at the Godhanpara Primary Health Centre.
On this occasion too MASUM, sent a complaint to the Inspector General, Border Security Force, South Bengal Frontier, 2B Lord Sinha Road, Kolkata – 71, on the 15 July 2011, demanding the BSF authorities to issue strict caution to the BSF personnel posted in the border areas and forbidding them from indulging in any unlawful activities and from causing damage and mischief to the livelihood and peaceful living of the people residing there. MASUM also demanded a neutral enquiry into the incident concerning Mahadeb and asked the BSF authorities to direct the local police to initiate legal proceeding against the accused BSF constables and recover the voter identity card that had been snatched away from the victim. MASUM also demanded the authorities to pay the victim compensation for the physical and psychological torture that he underwent and for the property that has been damaged. Neither the BSF, nor the local police complied.
On the 30 August, the BSF asked Mahadeb to visit the BSF camp in order to sign a paper intended to withdraw his case. But Mahadeb was not willing to drop his case. Instead he met Kanai and informed him about the BSF’s direction. Kanai promptly informed MASUM about the development. MASUM requested Kanai to inform Mahadeb not to meet the BSF until and unless they give him a letter in writing regarding the same. Mahadeb, upon this suggestion from MASUM informed the BSF of his willingness to visit the camp only if the BSF issued a letter in his name where he is requested to come to the BSF camp.
The BSF realised that Kanai is the person who had supported Mahadeb and it is through Kanai that Mahadeb obtained MASUM’s services. Kanai fears for his life and security. He is unable to go to his farmland. Kanai is also staying away from his house and for last two days he is in MASUM’s office. It is a crucial situation at the moment since if Kanai is unable to cultivate his land then he will have to go without income or food for the rest of the year.
SUGGESTED ACTION:
Please write to the authorities listed below asking for their urgent intervention in this case. The AHRC is also writing a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Actions must be taken against the BSF officers who routinely threaten human rights defenders along the Indo-Bangladesh border
Name of victim: Mr Kanai Mondal, son of Lakhindar Mondal of Char Rajanagar village, Char Rajapur post within the jurisdiction of Raninagar Police Station, Murshidabad District, West Bengal
Alleged perpetrators: BSF officers who could be identified by the victim, in particular BSF officers associated with Char Mourashi Camp
Date of incident: 30 August 2011 (latest incident)
Place of incident: Char Rajanagar village
I am writing to express my concern about the case of Mr Kanai Mondal, a human rights defender working from Char Rajanagar village, Murshidabad district, West Bengal. I am informed that Kanai has now taken refuge at Banglar Manabadhikar Suraksha Mancha’s (MASUM) office fearing for the security of his life since the BSF has been continuously threatening him that he must stop his work on human rights. MASUM, is a human rights organisation based in Howrah, West Bengal.
Mr Kanai Mondal, son of Lakhindar Mondal of Char Rajanagar village, Char Rajapur post within the jurisdiction of Raninagar Police Station, is an associate of MASUM. Kanai is from the Scheduled Caste (Dalit) community.
On the 30 August 2011, the Officer In-charge of Char Mourashi BSF Camp threatened Kanai that they would file fabricated cases against Kanai should he attempt to till his land. His land (bearing dag number: 12, 13 and 32 under Mauza – Char Katlamari) is along the Indo-Bangladesh border. The area does not have any border fencing and is open, dividing the two countries by the river Padma. The BSF is posted nearly 2-3 kilometres inside the Indian Territory. So those people who have their farmland beyond the BSF outposts, have to obtain regular permission to visit their lands, even though it is within the Indian Territory. Thus every time Kanai visits his land he must come across the BSF officers to seek permission. Kanai was in the process of cultivating lentils in his land, but as a result of the threat he has stopped going to his land.
This is not the first time however that the BSF has threatened Kanai. On 13 July 2011, the BSF who came fully armed in two vehicles, threatened Kanai holding a gun at his head that he would be murdered should he further indulges in human rights activities. It is reported that the threat was because Kanai was posting human rights posters provided by the MASUM – asking the local people to stand up for their rights against torture perpetrated by the BSF – in public places in the village. Coming to know about this, MASUM had filed a complaint at the National Human Rights Commission on the same day.
In the past the BSF made a false accusation against Kanai vide Raninagar Police Station Case No. 152/08 (G.R. No.-820/08) dated 23 July 2008 under Sections 147, 148, 149, 186, 333, 325 and 326 of the Indian Penal Code. This case was registered after the BSF killed a minor boy, Shilajit Mondal, and because Kanai was helping to save the life of the victim.
It is reported that the incident on 30 August was the result of Kanai trying to help Mr Mahadeb Mondal, a farmer like Kanai. Mahadeb is a victim of BSF torture. On 7 May 2011 at about 12 pm the BSF assaulted Mahadeb, while he was working in his farmland. This land is near Char Mourashi BSF Camp. The officers were from BSF Constables from Char Mourashi BSF Camp, Border Out Post under the jurisdiction of Kaharpara BSF Company Head Quarter under Raninagar Police Station, Murshidabad district. The BSF constables had also caused further mischief to Mahadeb’s farmland by looting huge quantity of “Green Potato” (‘Potol’ in Bangla) from his land and snatched away his voter identity card bearing number WB/09105/618206.
Mahadeb along with his father then went to Raninagar Police Station with a written complaint. But the police only recorded the matter in General Diary vide Raninagar Police Station GDE no. 357/2011 dated 7 May 2011. The police did not take any action whatsoever against the accused BSF constables. The victim sustained injuries due to the assault perpetrated by the BSF jawans for which he underwent medical treatment at the Godhanpara Primary Health Centre.
On this occasion too MASUM, sent a complaint to the Inspector General, Border Security Force, South Bengal Frontier, 2B Lord Sinha Road, Kolkata – 71, on the 15 July 2011, demanding the BSF authorities to issue strict caution to the BSF personnel posted in the border areas and forbidding them from indulging in any unlawful activities and from causing damage and mischief to the livelihood and peaceful living of the people residing there. MASUM also demanded a neutral enquiry into the incident concerning Mahadeb and asked the BSF authorities to direct the local police to initiate legal proceeding against the accused BSF constables and recover the voter identity card that had been snatched away from the victim. MASUM also demanded the authorities to pay the victim compensation for the physical and psychological torture that he underwent and for the property that has been damaged. Neither the BSF, nor the local police complied.
On the 30 August, the BSF asked Mahadeb to visit the BSF camp in order to sign a paper intended to withdraw his case. But Mahadeb was not willing to drop his case. Instead he met Kanai and informed him about the BSF’s direction. Kanai promptly informed MASUM about the development. MASUM requested Kanai to inform Mahadeb not to meet the BSF until and unless they give him a letter in writing regarding the same. Mahadeb, upon this suggestion from MASUM informed the BSF of his willingness to visit the camp only if the BSF issued a letter in his name where he is requested to come to the BSF camp.
The BSF realised that Kanai is the person who had supported Mahadeb and it is through Kanai that Mahadeb obtained MASUM’s services. Kanai fears for his life and security. He is unable to go to his farmland. Kanai is also staying away from his house and for last two days he is in MASUM’s office. It is a crucial situation at the moment since if Kanai is unable to cultivate his land then he will have to go without income or food for the rest of the year.
I therefore urge you to take the following actions in the case:
1. That the police register the complaint of the victim against the BSF;
2. The police record the statement of the witnesses to the incidents;
3. The West Bengal State Administration order an immediate enquiry against the BSF’s conduct along the Indo-Bangladesh border, in particular their alleged acts of threats against the civilians and human rights defenders;
4. Should the inquiry and the complaint filed by the victim provide adequate information about the BSF officers involved in the case, such officers be immediately discharged from active duty at the BSF and detained at the BSF camp or at the local police station as required under the BSF Act;
5. The victim provided immediate protection;
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Ms Mamata Banerjee
Chief Minister
Government of West Bengal
Writers’ Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in
2. Chief Secretary
Government of West Bengal
Writers’ Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: chiefsec@wb.gov.in
3. Additional Chief Secretary (Home)
Government of West Bengal
Writers’ Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.in
4. Director General & Inspector General of Police
Government of West Bengal
West Bengal Police Directorate
Writers’ Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22145486
Email: dgp_westbengal@gmail.com
5. Superintendent of Police
Murshidabad
BMP Police Office
Berhampore 742101, Murshidabad District
West Bengal State
INDIA
6. Mr P. Chidambaram
Home Minister
Government of India
Ministry of Home Affairs
North Block, New Delhi 110003
INDIA
Fax: + 91 11 23093750 / 23092763
Email: hm@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
