Dear friends,
The Asian Human Rights Commission has received updated information that two constables of the Border Security Forces (BSF) of Khayertala BOP No. 1 Point were simply dismissed without facing any legal action for the alleged killing of one young man and a teenager (See further: UA-244-2006). Meanwhile, the family of the victims has been completely denied their right to seek justice. According to the victim’s family, the Jalangi police refused to register their complaints against the perpetrators and rather threatened that they would implicate them in false cases. The victim’s family also complained to the Superintendent of Police (SP), Murshidabad district, West Bengal but there has been no response from him as of today’s date.
On 11 July 2006, 16-year-old Mintu Molla and 26-year-old Jabbar Mondal (alias Jabbarul Mondal) were allegedly killed at point blank range when they were in the custody of duty officers of the Border Security Forces of Khayertala BOP No. 1 Point, Murshidabad District, West Bengal, India. The vice president of local Gram Panchayat (local self government of the village) of Mintu’s village certified that Mintu was caught and killed by BSF personnel when he was returning home from his family’s land after feeding cattle in there.
On the morning of July 12, Mr. Bajlur Rahaman Mondal (Jabbar’s elder brother) and Mr. Mainul Molla (Mintu’s family member) went to Jalangi police station to lodge a case against the BSF personnel bringing two separate written complaints. However, Officer-in-Charge (OIC) Mr. Somnath Banerjee allegedly refused to register their complaints. According to Mr. Bajlur and Mr. Mainul, the OIC even threatened them saying that they would be implicated into fictitious cases where they would be imprisoned for years if they lodged complaints against BSF personnel. The two men therefore had to return their homes without lodging complaints.
On July 25, Mr. Bajlur and Mr. Mainul sent two separate complaints to the Superintendent of Police (SP) of Murshidabad district, West Bengal regarding the incident but no action has yet been taken by him to investigate the incident up to now.
Meanwhile, two constables of the concerned BSF were dismissed but no legal action has been taken against them. They are Mr. Upendra Roy (Rifle No. 08002553) and Mr. Anil Mishra (Rifle No. 90173022), who were attached to “F” Company under 62 Battalion of BSF, posted at Khayertala B.O.P. camp.
Now the families of the victims are in helpless situation as they have nowhere to go to seek justice. In most cases of death caused by the BSF firing, no police case is usually registered against the BSF personnel and the police attempt to hush up the cases collaborating with the perpetrators.
For your reference, our first appeal on this case included incorrect information of the identification of the two victims. The correct information of the victims based on the updates is:
VICTIM 1: Mr. Mintu Molla, aged 16 (not 17), son of the late Mahotab Molla, resided in Lallkup village, Bamnabad post office, Jalangi police station, Murshidabad district, West Bengal, India (Information is based on the certificate from the vice president of local Gram Panchayat.)
VICTIM 2: Mr. Jabbar Mondal (not Jabbar Hussein Sarkar), son of Nazrul Mondal (not Najrul Hussein Sarkar), aged 26 (not 22), resided in Lallkup village, Bamnabad post office, Jalangi police station, Murshidabad district, West Bengal, India (Information is based on disposal certificate of Berhampur General Hospital.)
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take legal action against BSF personnel responsible for the killing of two victims. Please also urge them to ensure that an impartial investigation be conducted by an independent agency as the local police has already refused to file the cases against the perpetrators and attempted to threaten the family of the victims. Please also urge them to take action against the OIC of the Jalangi police station and provide effective protection to the family of the victims, in particular the two complainants.
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SAMPLE LETTER
Dear ___________,
INDIA: Two BSF constables simply dismissed without facing legal action for the killing
Names of victims:
1. Mintu Molla, aged 16, son of the late Mahotab Molla, resided in Lallkup village, Bamnabad post office, Jalangi police station, Murshidabad district, West Bengal, India
2. Jabbar Mondal (alias Jabbarul Mondal), son of Nazrul Mondal, aged 26, resided in Lallkup village, Bamnabad post office, Jalangi police station, Murshidabad district, West Bengal, India
Name of the alleged perpetrators:
1. Mr. Upendra Roy (Rifle No. 08002553)
2, Mr. Anil Mishra (Rifle No. 90173022)
Both men were attached to “F” Company under 62 Battalion of BSF, posted at Khayertala B.O.P. camp.
Date and place of the incident: Bathanbari, Shibnagar Mouza, Jalangi police station, Murshidabad, West Bengal at about 8:00pm on 11 July 2006
I write this letter to you regarding the killing of one young man and one teenager mentioned above by the Border Security Forces (BSF) of Khayertala BOP No. 1 Point, Murshidabad District, West Bengal, India on 11 July 2006. The two victims were allegedly killed at point blank range while in custody of on duty officers of the said BSF at around 8:00pm on July 11. They were caught and killed by BSF personnel while returning home from their family’s land property after feeding cattle in there.
I am very disturbed to learn that two constables of the said BSF of Khayertala BOP No. 1 Point were simply dismissed without facing any legal action for the alleged killing. They are Mr. Upendra Roy (Rifle No. 08002553) and Mr. Anil Mishra (Rifle No. 90173022), who were attached to “F” Company under 62 Battalion of BSF, posted at Khayertala B.O.P. camp. I simply do not understand such inaction by the Indian government although the said BSF constables are responsible for serious crime such as murder. Such inaction will give leeway to the BSF personnel and other law enforcement officers to commit further serious abuses against people without fear of punishment. The abuse by the police and the military personnel will not be able to be eliminated without strict discipline and punishment measures by the Indian government.
I am also very concerned by the fact that the family of the victims has been completely denied their rights to seek justice. According to the information I have received, when Mr. Bajlur Rahaman Mondal (Jabbar’s elder brother) and Mr. Mainul Molla (Mintu’s family member) went to Jalangi police station to lodge a case against the BSF personnel on the following day of the incident (July 12), Officer-in-Charge (OIC) Mr. Somnath Banerjee allegedly refused to register their complaints and even threatened them saying that they would be implicated into fictitious cases where they would be imprisoned for years if they lodged complaints against the BSF personnel. The two men therefore had to return their homes without lodging complaints. Despite their complaints to the Superintendent of Police (SP) of the Murshidabad district regarding the incident, no action has yet been taken by him to investigate the incident until now. Now the families of the victims are in helpless situation as they have nowhere to go to seek justice.
I therefore strongly urge you again to order prompt and thorough investigation into this case and arrest the BSF officers concerned immediately. The inquiry must include a post mortem conducted by an expert autopsy surgeon. If the allegations are proven correct, the guilty BSF should be prosecuted with murder charges and punished in accordance with the law. I also urge you to order inquiry into the allegation of threats and refusal of registering the complaints of the victims’ families by the OIC of the Jalangi police station and if the allegation is found true, he should be punished accordingly. I also urge you to suspend the said OIC from his service and provide protection to the families of the victims for the security of the victims while the investigation is going on. I want to remind you that in many cases in India, the perpetrators working as public officials attempt to intimidate the victims by using their power illegally to hush up the crimes. I further urge you to ensure that adequate compensation should be provided to the families of the victims.
I ask your urgent intervention into this matter.
Yours sincerely,
——————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Srikumar Mukherjee
Minister of State
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4052
Email: moshome@wb.gov.in
2. Mr. Anup Vora, IPS
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in
3. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in
4. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in
5. Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in
6. Mr. Shivraj V. Patil
Home Minister
Ministry of Home Affairs
Jaisalmer Hosue
New Delhi
INDIA
Fax: +91 11 23094221/ 23794833
7. The Director General
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bshq@hub.nic.in
8. Inspector General (Administration)
Border Security Force
B-10, CGO Complex
New Delhi
INDIA
Fax: +91 11 24361202
Email: bshq@hub.nic.in
9. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR ON EXTRA-JUDICIAL, SUMMARY, OR ARBITRARY EXECUTIONS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
